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Illinois Child Support Questions & Answers
1 Answer | Asked in Child Support for Illinois on
Q: My son is turning 22 & child support will end, his dad still owes $60,000 in arrears, what happens next in Missouri?

Will the state enforce the arrears as well? How will this be calculated as far as making payment?

Cheryl Powell
Cheryl Powell answered on Jul 2, 2020

You need to go to the public aid office, child support enforcement division. They should help you with child support collections.

1 Answer | Asked in Child Support for Illinois on
Q: In illinois can a custodial parent charge their child who is 18 years old rent, while receiving child support?

I am the non-custodial parent who is paying child support, and I want to know why the custodial parent is charging my 18 year old daughter rent while receiving child support payments from me?

Cheryl Powell
Cheryl Powell answered on Jun 25, 2020

That is not appropriate. Your child support should terminate or the rent charge should stop.

1 Answer | Asked in Cannabis & Marijuana Law, Child Custody, Child Support and Divorce for Illinois on
Q: mother and step father are getting a divorce both wanr custody of my 6-year old brother. I’m 22 and did weed and acid.

This was a few months ago and I lived in my own place. I have no history of abuse or records. Will this affect my mothers ability to get custody of my brother? We have all of the evidence of him being abusive and I always take care of my brother. He’s going to try and make it seem like my mother... Read more »

Cheryl Powell
Cheryl Powell answered on Jun 19, 2020

It does not matter what you chose to do when you were an adult on your own.

1 Answer | Asked in Child Support for Illinois on
Q: How do I change my child support if my child moves out of her custodial parents house?

I live in Illinois. My stepdaughter wants to move in with us for her senior year of high school when she turns 18yrs in August. We want to change so the support goes to the child instead of the parent she will no longer be living with.

Cheryl Powell
Cheryl Powell answered on May 31, 2020

If your order has an expiration date, you meed to make sure it ends at the end of may, 2021. If it has an earlier date, you need to get a court order to extend the termination date to that time. Otherwise, you file a motion to redirect child support.

1 Answer | Asked in Child Support for Illinois on
Q: Illinois child support can a custodial parent use the child support money on something other than the child.

Like her putting the money on her boyfriends jail books is that against the law and what can i do about it

Cheryl Powell
Cheryl Powell answered on May 21, 2020

Custodial parents are responsible for providing the child with adequate food, clothing and shelter. Where the money comes from, whether it be child support, unemployment insurance, the state, etc. Is irrelevant.

The pot is fungible, so there is no specific identification of what monies are...
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2 Answers | Asked in Family Law and Child Support for Illinois on
Q: My husband has overpaid his child support

Court ordered support has been withdrawn from paycheck in IL for child residing in OR. IL says he has overpaid around $3200. Oregon says arrears of the same amount and we cannot get anyone to speak with. Just received notice that his stimulus check was kept to put towards arrears. What is suggested... Read more »

Cheryl Powell
Cheryl Powell answered on May 19, 2020

The answer is to go back to the court orders:

$50/wk from x to x

$25/wk from x to x

Make a list. Go to the perpetual calendar if dealing with weeks. Compare the required payments to the payments made. If arrearages are already calculated at one time, go back to that order...
Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Can dad give custody back to mom without paying for a lawyer or going to court?

Dad took Mom to court for custody of 15yo daughter. Mom didn't fight it, Dad got custody. Dad is an emotional abuser and it's not working out. He won't just let her go back to the mom without going to court "because he doesn't want to pay child support". Is there a way... Read more »

Brian W. Reidy
Brian W. Reidy answered on May 7, 2020

Parties can agree to modify parenting time without a court order. Parties cannot modify child support orders without a judge signing an order. If the goal is to modify parenting time, the parties can agree and they should put any agreement in writing.

If the child lived with mom, dad would...
Read more »

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: What it means to divorce after 16 yrs. 27months old involve. Both parents are type1 diabetic. Mother is always homemaker

My husband emotionally abusuing me. I am well controlled diabetic but also has hypoglacemia history. Paramedics treated me few times. Will i loose my child custody? Though last hypoglecemia happened four yrs back in different country.

My husband is also well controlled type1 diabetic. Does... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 4, 2020

You have not provided enough facts to allow for a definitive answer, but there isn't anything you have said that would indicate you would not receive at least 50% of the parenting time. Your depiction of your health condition does not hurt your chances of being the residential parent. The fact... Read more »

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1 Answer | Asked in Divorce and Child Support for Illinois on
Q: When does financial responsibility end for a divorced parent of a child who's 18 and going to college?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 11, 2020

Child support itself ends when the child turns 18 or graduates from high school, whichever is last to occur. However, a new setoff rules kick in if the child is attending full time college. Google Section 513 of the Illinois Marriage and Dissolution of Marriage Act and refer to the College Expense... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: When is a good time to file a motion of contempt?

My ex has primary authority on medical however they are not following the court order reading having discussions with me on medical procedures, notification of appointments or providing me access to the healthcare provider information.

I want to make sure I have enough supporting information.

Marilyn  Johnson
Marilyn Johnson answered on Mar 9, 2020

Your judgment may indicate how you are to communicate with your spouse which be via Family Wizard, email,etc. If so, communicate as is required by the judgment. If not, communicate in writing so that you can present written evidence in court as to the violation of your judgment.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: My ex get public assistance. Now she wants C.S. will i have to pay back child support although I've taken care them

I have bills I've paid, receipts, and statements that 70 percent of my check went towards living for all my family, my ex and two of my kids. Been together 23 years and she only worked 12 of them and I have notarized letters that I gave her child support every year until recently. I lost a job... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Feb 28, 2020

If there is a child support order, you are responsible for that payment. You are entitled to visit with your children, but if former wife does not allow you to have parenting time with the children then you will need to petition the court for parenting time. If there is already an order for... Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: He was left a hefty inheritance so he quit working and now his children are doing without. Can he get by with this?

The father quit working and has been living off of an inheritance; buying large extravagant toys for himself, his girlfriend and their child, yet his other children have gone months without any child support and his ex wife has been fighting him for his court ordered health insurance for his... Read more »

Cynthia Rote
Cynthia Rote answered on Feb 26, 2020

The mother should go to Court and ask for an order modifying child support and a judgment on any past due child support. The Court may consider the inheritance in ordering a lump sum child support payment or other monthly payment (especially if the father is living off an interest from the... Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Can she seriously do this?!

My husbands ex wife had custody of their daughter. We had her every summer and every other weekend and for a year while she was in high school....the entire time we were paying the mother (except during months the girl was with us) and getting receipts from her with no problems. Never needed to go... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Feb 25, 2020

Yes she can petition the court for child support arrearages. The child support order should been modified years ago due to the change in the custodial parent. As it was never modified, the child support plus interest is owed. The payor has to provide proof of the payments. So if the former spouse... Read more »

1 Answer | Asked in Child Support for Illinois on
Q: how do I get the child support payments lowered due to my income has decreased cause I switched jobs in ILL

I'll

Cynthia Rote
Cynthia Rote answered on Feb 21, 2020

You will have to file a Motion to Modify support alleging that a substantial change in your income has occurred. Courts do not believe that all decreases in income are a substantial change, so if your income only decreased by a small amount you may not be able to decrease your payments. In... Read more »

2 Answers | Asked in Child Support and Divorce for Illinois on
Q: Child support question

I got divorced in September of 2019 there was no previous court order that required my ex to true up for his secondary employment. I was told by my attorney that he only has to true up from the date of the divorce until the end of the year. Nothing about retro pay is mentioned in our MSA. MSA only... Read more »

James G. Ahlberg
James G. Ahlberg answered on Feb 4, 2020

Rather than being pro-rated it is likely to be based on income earned from the date of the divorce through December 31. Your best bet is to ask the lawyer who represented you in your case, since he or she will be familiar with the terms of your MSA and their interpretation.

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1 Answer | Asked in Divorce, Family Law and Child Support for Illinois on
Q: I paid my ex tru-up. She disagreed w amount & ripped the check up. She gave me a pic after. Do I have to pay her again?

She stated she disagreed with the amount. She wasn’t aware the tru-up starts day of filing divorce agreement. Check was significantly less than she expected. She threatened to and then the ripped check up. She gave me a pic to prove it.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 25, 2020

Send her an email or a certified letter offering to go halves with her on an independent accountant or divorce lawyer to calculate the amount that the true-up requires. Otherwise, you don't have to do anything until she files a Petition to hold you in contempt of court. Then, you can show the... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Is it possible to change my child’s last name to mine?

I would like to change my child’s last name to my last name. Their dad and I were never married, we don’t have any court order custody agreement, and he’s always been in and out of her life and not financially responsible. I was informed by him about 6 months ago that he has started the... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 23, 2020

It can be done through the courts, but you will be required to provide notice of the court proceeding to the child's father. Be prepared to show it is in the best interest of the child to change the name.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: If our child drops out of college and decides to enroll again prior to age 23 can I be held financially responsible?

Child wants to graduate high school early but I don't think they are mature enough yet. We don't have anything outlined in the parental plan for higher education however I am the primary decision maker with high school.

I'm curious if our child attends college after... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

Frankly, the best answer I can give is not to fret about something so far away over which you have little or no control. This is the advice I'd give if you were a client.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: If parental order was not followed prior to child attending College, am I financially responsible?

Our current order states that the three of us (mother, father and child) will work unilaterally regarding College. So far I've been kept in the dark and our child won't answer any of my questions regarding college. Our currently order only states that if the three of us cannot agree... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 18, 2020

Ask your ex-spouse about college. Your child wasn't a party to the legal proceeding in which the order was entered, whereas your ex was. Your child can't be held in contempt for not obeying an order in a legal proceeding to which the child was not a party. Your ex is bound by the order... Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: I'm 22 of age my grandma raised me and was the one getting my child support

Can I be the one getting it now I'm of age and live on my own and have lived on my own since I was 17

James G. Ahlberg
James G. Ahlberg answered on Jan 13, 2020

You legally became an adult on your 18th birthday. Child support normally stops on the child's 18th birthday or graduation from high school, whichever is later. There are exceptions if you're disabled or if your parent has been ordered to contribute to your higher education (college, etc.).

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