Get free answers to your Child Support legal questions from lawyers in your area.
I am not married to the father of my children, and we own a house together with a joint mortgage. He recently quit his job and cashed out his 401k. We all still live in the house, and I pay for my portion of the mortgage. There is currently no legal agreement for child support, but he refuses to... View More 
answered on Apr 12, 2025
You should hire a lawyer immediately if any of his 401k is left to have it held for child support AND if you intend to separate from him. Generally, if you are living together it is perceived that you are accepting his quitting his job and you will not get a child support order. He can not avoid... View More
I am currently obligated to pay $1,800 a month in maintenance and $600 in child support for our one child, who lives with my ex-wife the majority of the time. I recently accepted a promotion at work, which resulted in a $24,000 decrease in my annual income due to the elimination of overtime pay. I... View More
answered on Feb 15, 2025
I don't believe so. You knew your promotion would result in a salary cut. Given that, you could have chosen to refuse that offer of employment. When the decrease in income is voluntary, one cannot decrease the maintenance they are paying. I suspect the court would keep you obligations the... View More
1) Per my divorce decree, my ex wife and I are to present W2's each year. This was never done, however I experienced a decrease in income since the maintenance was set 6 years ago. If it were determined that I overpaid during any year, is that reimbursable in court? If I underpaid during... View More
answered on Jul 13, 2024
Hello,
Thank you for your questions about spousal support (maintenance) in Illinois. Here's some information that may help address your concerns:
1. Reimbursement for Overpayment of Maintenance
Yes, under Illinois law, if you overpaid maintenance due to a decrease in... View More
Court has been a 3 yr episode with my ex wanting private school fees along with my request to modify support due to being permanently laid off from my job. Does she have to send me something if she’s dropping me as a client?
answered on Mar 13, 2024
Normally, if a lawyer is dropping a client, usually for non payment of fees, a lawyer files a Motion to Withdraw, sends you a certified notice of the court date and you can show up to object or agree to her withdrawing. I suggest you get your papers together and go see another lawyer. If... View More
I have been separated from my son’s father for over a year. Never married. No court order for parenting time or child support. He always claimed our son on income tax returns. This year I claimed our son. My son’s father had his W4 setup to claim 1 and is telling me he’s going to charge me... View More
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answered on Feb 28, 2024
In situations involving tax claims on dependents, the right to claim a child on a tax return typically depends on IRS rules concerning custodial and non-custodial parents. If you have provided the majority of the support for your son and he has lived with you for more than half of the year, you... View More
Are there any pro Bono attorneys? I've been unable to work because of mental health issues is there anyone that could help
answered on Nov 29, 2023
I assume that you are being sued and have to defend a Rule to Show Cause. You should explain your reasons to the judge. If you have not previously filed a petition to modify child support, you should and explain why you cannot earn the same living as you did previously. Your reasons should... View More
I have been ordered to repay $20,000 in child support due to an overpayment from receiving money from the other parent's disability benefits for our child. I agree that there was an overpayment, but I've been given only until April 14, 2025, to repay the full amount. I currently have... View More
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answered on Apr 13, 2025
First, it’s important to understand that child support overpayments are usually handled by the court or child support agency, and they can often work with you to establish a repayment plan. Since you’re not able to pay the full amount by the deadline, you should reach out to the court or the... View More
My son's father has not been paying child support for about 7 months. He was court-ordered to pay but lost his job and hasn't been able to maintain steady employment. He's blaming me and my son for his job losses. I've contacted the child support enforcement agency, and while... View More
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answered on Apr 13, 2025
When a parent falls behind on court-ordered child support, and enforcement agencies aren’t acting quickly enough, it can feel frustrating and unfair. Since you've already contacted the child support enforcement agency, it’s important to keep following up with them regularly. Sometimes... View More
In 2021, I filed a pro se appearance in a family court case in DuPage County, Illinois. In 2022, my attorney filed an appearance on my behalf but withdrew in 2024 while I was still under an alleged illegal contempt purge order requiring me to pay 75% of my net income, which I couldn't meet.... View More
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answered on Apr 13, 2025
It sounds like you are dealing with a complex situation involving a contempt purge order and incarceration in DuPage County, Illinois. Since your attorney withdrew and you were not notified that your pro se appearance was still active, this could be a procedural issue. You may have grounds to... View More
I want to move out of state with my child. There is no legal custody agreement or court order in place. My child regularly sees his father, and I have a plan to ensure he continues to see him after the move. I plan to notify the father a few weeks in advance. Will this be legally permissible since... View More
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answered on Apr 13, 2025
Even though there is no legal custody agreement or court order in place, moving out of state with your child without the other parent’s consent can still lead to legal complications. In most cases, a custodial parent needs either the consent of the other parent or a court order if they plan to... View More
I was never married to the father of my children, and we are no longer together. We have a legal agreement for a shared mortgage, and I cover the kids under my insurance. I primarily take care of our children, and the father just quit his job last week. I'm wondering if I can still pursue... View More
answered on Apr 10, 2025
Yes, you can. You may get a judge to order him to look for a job if he is not already doing so.
I'm currently paying child support for my 14-year-old daughter through a court order. My daughter recently had a baby, and I'm wondering if this situation can lead to a modification or stoppage of my current child support payments. The other parent has legal representation, and I feel my... View More
answered on Mar 26, 2025
No. The parent with custody or primary decision making needs to help her get child support from the bio dad of her child.
I have 11 overnights with my child out of a total of 28 nights, and I also have 2 weeks of vacation time with my kids in Illinois. Can vacation time be added to the calculation of overnights? Additionally, how do these affect custody or child support arrangements in Illinois? I am trying to... View More
answered on Mar 24, 2025
Read here. When each parent has 146 nights this is the calculation.
https://brelaw.com/new-illinois-child-support-law/
I am currently involved in a legal proceeding with a trial date set in March regarding maintenance payments. Previously, I was working overtime, which increased my annual earnings on my W2 by approximately $23,000. After accepting a promotion, I am no longer able to work overtime, which has... View More
answered on Feb 16, 2025
Regardless of how the court views it, you will need to file a motion to decrease temporary
Alimony and child support now.
answered on Jan 19, 2025
Trump has no new laws yet. They have to be passed by Congress first. If he has something proposed in this regard, I am not yet aware of it.
I divorced in 2016 with a signed MSA that included a mutually agreed-upon child support payment and splitting fees. I just wrapped a modification of child support case which caused the support to increase by 55%. Does the splitting of costs agreed upon in the MSA still stand, or does the increased... View More
answered on Jan 2, 2025
Thank you for raising this issue.
It is difficult to be certain about your situation without reading the documents. However, a general rule is that unless a later order explicitly strikes out part or all of a previous order, or it includes something in a way that necessarily affects terms... View More
answered on Dec 2, 2024
Not unless someone is willing to adopt the child. Parenting rights and responsibilities are not the same thing. He still has financial responsibilities to support the child even if he does not want to exercise his parenting rights to have parenting time with the child.
I have a 7 year old daughter with a man that has been in and out of her life the full 7 years mostly out of her life. At 5 months old He went to our local county courthouse and had her last name changed to his within 2 weeks and all without my consent. I recently found out he filed the name change... View More
answered on Nov 20, 2024
Look at the court file. Does it show that you have been served?
My daughter recently turned 18. I never signed the birth certificate. I make support payments non court ordered. She's currently still in school. Senior year. Parnenity was never established.
answered on Nov 11, 2024
Illinois law requires that child support be paid until graduation from high school if she is already 18. So if you stop making payments, the mother could try to make you pay them based upon your pattern and practice of accepting responsibility for the child.
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