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Illinois Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Hi,I have a case coming up Monday via zoom for back child support I've been looking for someone that can help me

Are there any pro Bono attorneys? I've been unable to work because of mental health issues is there anyone that could help

Cheryl Powell
Cheryl Powell
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

1 Answer | Asked in Family Law, Child Support and Identity Theft for Illinois on
Q: I need a legal lawyer regarding a child support order that wasn't legal and identity thief by my deceased father .

My ex wife who had 2 children by my biological father and I left Illinois with a known address but wasn't notified and now the child in question ❓ is 45 with grandchildren and my ex is still receiving and I went to a court but they said they couldn't stop my social security benefits... View More

Cheryl Powell
Cheryl Powell
answered on Nov 11, 2023

Let's try to uncomplicate these issues a little bit. Your ex wife had 2 kids with your father but was never married to him. He is now dead. Do I have this accurate so far? One of those children is 45 with grandchildren. Your ex is receiving what and why?

Identity theft. Get a...
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1 Answer | Asked in Child Support for Illinois on
Q: In a child support, when giving documents on a notice to produce. Does the other parent have a right to view my items?

I am the custodial parent, when I filed for child support I informed them that he was abusive. I am uncomfortable with him having any of my personal information.

Cheryl Powell
Cheryl Powell
answered on Nov 3, 2023

Yes, they do. Block out any personal information you do not want him to have. It just needs to have your name on it, not your address.

2 Answers | Asked in Child Support and Criminal Law for Illinois on
Q: How long will I sit in jail if I can’t post bail for child support
T. Augustus Claus
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answered on Sep 20, 2023

In Illinois, if you're unable to post bail related to a child support matter, the length of time you might remain in jail can vary. Typically, non-payment of child support could lead to a finding of contempt of court. If the court determines you have the means to pay but are choosing not to,... View More

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2 Answers | Asked in Child Support, Divorce and Family Law for Illinois on
Q: In Illinois, is child support mandatory in a divorce?

I do not need or want child support from my child's father (the noncustodial parent)

James G. Ahlberg
James G. Ahlberg
answered on Aug 5, 2023

Child support is for the benefit of the child, not the parent who receives it. You absolutely should not deprive your child of the benefit of having extra money for its benefit. Furthermore, the judge is likely to require child support be paid. The amount will vary depending on a comparison of your... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: What happens if a father abandons his child and stops paying child support? what can I do?

He has texted me threats before my child was born on taking the child and sending his lawyers after me i never got calls from anyone but he never showed up kept lying and all of a sudden hes trying to take my child away he moved with his new child and his wife he cheated on what do i do

James G. Ahlberg
James G. Ahlberg
answered on Aug 5, 2023

What you do is go see a lawyer as quickly as you can. Do it Monday, if possible. File a paternity case asking that he be named the father, that the court order him to pay you child support, and that the court establish parenting time (formerly known as custody). Until this process is started, each... View More

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Other parent not following court order in regards to child care payments, life insurance policy, medical expenses
James G. Ahlberg
James G. Ahlberg
answered on Dec 15, 2022

You need to file a Petition for Rule to Show Cause. This is a pleading asking that the other party be held in civil contempt of court for not obeying a court order. If the court holds the other party in contempt it can require him or her to comply with the previous order by a certain date, or go to... View More

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: In Illinois does child support pay cover childrens cell phones and cell phone bills or is that an extra expense?

I’m trying to find out if my ex is supposed to be pay half for our childrens cell phones and cell phone bill. He tells me that the child support covers that.

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2022

There is no law that a child has to have a cell phone or a car. If either parent chooses to provide a child with same, that is their choice and their expense. Child support is for basic necessities, i.e. food, clothing, shelter, utilities, transportation to and from school and activities. A cell... View More

1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Illinois on
Q: My ex is threatening with charging me income tax for claiming my son. Can he do this?

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

James L. Arrasmith
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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

1 Answer | Asked in Child Support for Illinois on
Q: Child support is going to get taken out of my settlement from a car accident, I'm getting my wages paid while being off

I have child support taken out of my wages every payday or from SSI. I received a letter saying CHILD SUPPORT LIEN that was also sent to my job saying 50%/Lump Sum Wages. I understand getting money from the car accident, not from my paycheck that I already have child support taken out every payday... View More

Cheryl Powell
Cheryl Powell
answered on Feb 22, 2024

Yes, part of your settlement is because you can't work the way the could before the accident. So the child is receiving less money than otherwise would be paid.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: If I have lost my job, can I petition to end college expenses? Lake County IL

Was ordered to pay 60% for both children, as of Jan 19 I have been laid off. I can file myself, but wondered if it would be more successful to have a lawyer file. I live in GA, both kids go to school in Chicago. I am looking to end this support for good. I both kids have 529's, 1 kid has... View More

Cheryl Powell
Cheryl Powell
answered on Feb 20, 2024

Yes, I would hire a lawyer. You may be able to do your case on zoom and not come to IL for a hearing. That alone could save you a big headache.

1 Answer | Asked in Child Support for Illinois on
Q: my question is can i put the biological father on child support even tho hes not on the birth certificate?

my name is Vanessa i have three kids 2 of them are from my first relationship, the 3rd from the second relationship, the father of my first relationship signed the birth certificate but he doesn't provide with his own biological kids, I wanna put both on child support for their own biological... View More

Cheryl Powell
Cheryl Powell
answered on Feb 16, 2024

You have to sue for paternity and have DNA testing before a child support order can be established. The IL Dept. Of Health and Human Services will do this for you at no charge.

1 Answer | Asked in Adoption, Child Custody and Child Support for Illinois on
Q: okay so i am 17 years old and in a very abusive group home i would lie to live in Florida with my sister

i want to do it legally without police involvement is this possible can you guys help

Cheryl Powell
Cheryl Powell
answered on Feb 13, 2024

Your sister would need to get temporary guardianship of you. This forum does not provide legal services. She would need a lawyer in the county where you reside.

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: Are 1099 workers exempt from child support?

Can a child support order be entered against a person who is a 1099 worker?

James G. Ahlberg
James G. Ahlberg
answered on Nov 25, 2023

1099 employees are not exempt from child support. A child support order can be entered against them and fully enforced by the court.

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: I am ordered to pay back pay of child support but lost my job in July currently on unemployment. What can I do?

I am ordered to pay back pay of child support but lost my job in July and my unemployment was denied but recently got it appealed but I was so backed up in my bills for the last few months so I caught up as much as I can. I owe 4,200 in support and only have 2,800. My court date is on October 24th... View More

Cheryl Powell
Cheryl Powell
answered on Oct 18, 2023

I don't know what you can do at this point. It sounds like you have been representing yourself, already have been found in contempt and are awaiting sentencing. Under the facts presented here, there should not have been a contempt finding and there would be no sentencing hearing. So I am... View More

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: Is a notarized agreement legally binding? Or is it basically just a piece of paper?
Cheryl Powell
Cheryl Powell
answered on Sep 9, 2023

Are you saying you have a notarized agreement that did not go through court? What does the agreement say? Someone does not want to go by it now?

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Does the father of my child have legal parental rights over the baby, if he is still married legally to someone else?

his name is in the birth certificate

James G. Ahlberg
James G. Ahlberg
answered on May 5, 2022

Yes.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Hello, I have I guess a question about child support back pay and who that is owed to after the child leaves the home.
J. Richard Kulerski
J. Richard Kulerski
answered on Feb 10, 2022

Enforcement of a child support arrearage may be brought in the divorce court no matter how old the child(ren).

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Illinois on
Q: My husband just was told he may have a 7 year old son he didnt know about. The mother hasn't had the child for awhile.

the mother is in jail right now waiting a trial and then will go to prison for a while. I am his wife. We want to prove paternity and totally adopt him as OURS . But don't want him around his "mother" ever again seeing as she is so unfit. We have 4 kids of our own and a house and I... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 25, 2022

There are too many variables in your situation for a lawyer to give you solid advice on these issues without sitting down and talking to you and your husband. I encourage you to make an appointment with an attorney in your area who handles adoptions. Also, if DCFS has to due an investigation of you... View More

1 Answer | Asked in Child Support for Illinois on
Q: If one department in Illinois Child Support releases drivers license, can a different part of child support suspend it?

We received a letter three weeks ago that stated my husbands driver license was released and could be reinstated, after agreeing to a payment plan and continually paying. We just received a letter yesterday (dated Sept 30th 2021) that we now have to pay in full or else the punishments will be... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 24, 2021

The Illinois Secretary of States does have a set of rules in order to reinstate suspended, or revoked driving privileges.

Also, any reinstatement of state driver's license does require a fee.

Naturally, no state mechanism works flawlessly. Mistakes happen, scrivener's...
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