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Illinois Child Support Questions & Answers
1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Q: Questions about alimony in Illinois and what options I may be able to pursue?

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

Joerika Stitt
Joerika Stitt
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...
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1 Answer | Asked in Divorce, Child Support and Family Law for Illinois on
Q: My lawyer did not show up in court a month ago like she said she would and I have been emailing and calling & no reply?

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?

Cheryl Powell
Cheryl Powell
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

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 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 Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: My 13 year old doesnt want to see her father. He wants to stop paying child support and sign his rights over. Can he?
Brian W. Reidy
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Brian W. Reidy
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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Can u legally have ur child's last name changed to yours by filing it in court as an adults name change?

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

Cheryl Powell
Cheryl Powell
answered on Nov 20, 2024

Look at the court file. Does it show that you have been served?

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Do I need to continue to make payments.

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.

Cheryl Powell
Cheryl Powell
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.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: How to I request to get in front of a judge about a child support modification?

I have a child support case out of Illinois. I requested a modification 2 years ago and was never given a court date. Instead, the department of family services stepped in and I sent them all the information they requested for a modification. They did not use the calculator correctly and my ex wife... View More

Cheryl Powell
Cheryl Powell
answered on Sep 23, 2024

The dept of family services does not do child support cases. The dept of human services does. They know how to use the calculator. They have access to information that neither of you may have provided to them. You should have been given appeal rights and followed them in a timely manner.

1 Answer | Asked in Bankruptcy, Family Law, Child Support and Domestic Violence for Illinois on
Q: i have family law questions, they would be concerning child support, back pay and custody arrangement's.

i have a detailed case and it is best explained over a phone call

James L. Arrasmith
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answered on Jul 21, 2024

I understand you're dealing with complex family law issues related to child support, back pay, and custody arrangements. It's essential to address these matters carefully to ensure the best outcome for you and your family. You can start by gathering all relevant documents, including court... View More

1 Answer | Asked in Child Support for Illinois on
Q: I need to go back to court for child support my kids are all grown I should not have too pay anymore
Cheryl Powell
Cheryl Powell
answered on Jun 17, 2024

Usually there is an expiration date on the Order for Withholding. You may be able to point it out and stop withholding.

1 Answer | Asked in Child Custody, Child Support and Divorce for Illinois on
Q: My divorce attorney is going to hire my ex wife Less than a year after my divorce is there anything wrong with this?

If I were to use him to get bring her back for custody issues would this not be some kind of client confidentiality issues?

Cheryl Powell
Cheryl Powell
answered on Mar 26, 2024

Your question is not clear. Your divorce attorney is going to hire your ex wife. For what?

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: So I have two children with my ex and he recently took me to court for visitation but he doesn’t help me financially

With them but he has a lawyer they want us to do a modification but he’s jobless and homeless at the moment and the judge just wants us to do the modification but I really don’t want him to take them because he isn’t stable what can i do because I feel like because he has a lawyer they really... View More

Cheryl Powell
Cheryl Powell
answered on Mar 26, 2024

File a response to his petition. Put your concerns in there.

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 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.

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

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