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Illinois Child Support Questions & Answers

1 Answer | Asked in Child Support for Illinois on

Q: I live in Illinois does the new income share model take into account other children from a different relationship?

The other children do not have a court order support order. Are they taking into account with the new child support income support model? The HFS calculator shows it does but when I’m filling out the financial affidavit it does not ask if there are other children without a court order child... Read more »

Ray Choudhry answered on Jun 8, 2019

The calculator for child support and the Financial Affidavit are for different purposes.

The Financial Affidavit is not only to see income and expenses but also to determine division of assets and liabilities.

1 Answer | Asked in Child Support for Illinois on

Q: Can the custodial parent of a child file for back child support of a now 26 year old even though they never filed before

My biological father is apparently paying child support for another child he is responsible for. I was just wondering if there was any way to make him take the responsibility he should have taken a long time ago by paying child support for me. He knew I existed, he’s listed as the father on my... Read more »

Ray Choudhry answered on May 24, 2019

Usual rule is child support starts from the filing of the paternity case or when the other parent is served with the summons.

Child support ends at age 18 or finishing high school but no later than age 19.

1 Answer | Asked in Child Support for Illinois on

Q: Child is in HS and custodial parent still doesn't work. Paying $1700/month. Can court force her to work and contribute?

Illinois. Divorced 15 years ago and paid 3 years of alimony so that the ex could go back to college. She had only completed college through her junior year. She took the money but didn't go back to college. The last of our 3 children will be turning 18 next year and ex has been living off child... Read more »

Ray Choudhry answered on May 24, 2019

The court can impute income to a non-working parent.

Every case is different.

1 Answer | Asked in Family Law and Child Support for Illinois on

Q: My ex is court ordered to pay child support and we are both court ordered to pay half of daycare each. He has not been

paying support and got very behind. He would send random money orders with random amounts and hand write “daycare” on some of them. Since he was behind on support I disregarded his handwritten note and used it as child support.

Child support services finally recently got ahold of him... Read more »

J. Richard Kulerski Esq. answered on May 9, 2019

Your day care provider has no standing to take him to court. Only you can do this. What he scribbled on the checks is meaningless. The likelihood is that the judge will rule in your favor. Judges don't like wiseguys.

1 Answer | Asked in Child Support for Illinois on

Q: What if I have 144 overnights in odd years and 148 in even years? How is child support calculated?

Ray Choudhry answered on May 5, 2019

You could figure out child support using each number and average the two.

Use the child support estimator: https://midamericalawoffice.com/illinois-child-support-estimator/

1 Answer | Asked in Child Support for Illinois on

Q: How can I get the SS to stop payment for child support being taken out. the child is over 18 years old

I have court paper from the Judge stating that it was suppose to have stop once the child turned 18. But they are still taking the money out

Ray Choudhry answered on Apr 15, 2019

Somebody sent an order to Social Security to start taking it out.

They have to notify them to stop.

The paper you have may or may not be enough.

You may need a court order to stop it.

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on

Q: Divorce/Child Support !read the more information!

This is about my divorced parents and 14 year old brother. My mom has my father pay $1000 a month for child support (it has not gone through the court ) she has scared him into thinking the court will make him pay up to $2000 or more (My Father installs Carpet for a living) and that he will no... Read more »

Ray Choudhry answered on Apr 9, 2019

He needs to take a look at his divorce judgment to see how much and how he is to pay the child support.

If he was to pay it through the court and isn't doing it, he may be building up an arrearage.

Child support and visitation are treated as two separate issues.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on

Q: I have a confusing situation and a few questions to ask.

Divorced, moved back after one year. Requested child support stopped. Caregiver, with part-time work. Children are almost 18 and 16. I have been there all along helping care for them. Recently I moved right next door and the kids are always either at my rental or their fathers next door. I work... Read more »

Marilyn Johnson answered on Apr 3, 2019

Yes, your former husband can get a withholding order for child support and serve it on your employer. You should appear in court on each and every court if you do not have an attorney. You should inform the court of your situation with your children as it can effect the child support amount. You... Read more »

1 Answer | Asked in Child Support for Illinois on

Q: My children are 21 and 23 have always supported them. She has never filed child support but wants to now? Can she?

Can she file and get back child support? I have a 16 year old and I also support their mom is becoming difficult and wants to take me to child support and we've had an agreement with what I paid for over ten years now

Ray Choudhry answered on Mar 29, 2019

Your question is hard to understand when you bring in the 16 year old and say "I also support their mom".

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on

Q: I won custody case and I am still paying child support because she has not responded since Sept 18'. How do I stop pay?

The mother tried to move my son out of state. My son decided to live with me and has been since July 17'. I took her to court and won custody. She has not responded since my win in Sept 18'. I have paid about 20k in support while my son lives with me. Now he turns 18 in a month and graduates in... Read more »

Marilyn Johnson answered on Feb 24, 2019

You need to file a Petition to Terminate Child Support. This should have been included in your Petition to Modify Custody.

1 Answer | Asked in Family Law and Child Support for Illinois on

Q: I'm on disability, i have temp custody of 2 kids im in arrears on my oldest. Contempt has been filed. What can I do?

Dcfs took my youngest 2 from the mom. I've had them for 6 months. I have been on SSI since 2012 but haven't been able to work since 2008 cause of my disability. I am in major arrears an they have filed civil contempt of court. What is my best next move considering I can't afford an attorney. I... Read more »

James G. Ahlberg answered on Feb 22, 2019

Your question is confusing. You indicate you are receiving SSI (Supplemental Security Income) benefits. If SSI is your only source of income, you shouldn't have child support assessed against you since that income is exempt under federal law. On the other hand, you indicate you are disabled which... Read more »

1 Answer | Asked in Child Support for Illinois on

Q: Does F MLA defer child support in Illinois? I'm on leave for a mental illness I need to know if and what I need to do?

I live in MO, have a child support order in IL, does the FMLA defer child support?? Or am I still responsible while on leave (for a mental illness)??

Ray Choudhry answered on Feb 21, 2019

If your income goes down without your fault, you have a right to petition the court for a reduction.

1 Answer | Asked in Child Support for Illinois on

Q: I have full custody of two children and do not receive support, would this effect what I have to pay on my third child?

I have had custody of my older two children for 8 years, in that time I have never received child support. I am being taken to court for my youngest child whom I do not have custody of, how can I Ensure that I have enough money to support the two I have at home and it be fair to the other parent of... Read more »

Ray Choudhry answered on Feb 19, 2019

Click on the 4th link from the top on this page. It is an Illinois Child Support Estimator.

It takes into account different children from different relationships.

https://midamericalawoffice.com/child-support/

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on

Q: My husband and I want to move to Texas to better our situation but, sons father owes 3,000 childsupport, can I take him?

My sons father had my son live with him for 2 months and it went sour. His girlfriend watched our son and never packed him a lunch or took him to school some days and the school contacted me. I then got my son back. Now my husband, daughter and youngest son are moving to Texas from IL to better... Read more »

James G. Ahlberg answered on Feb 8, 2019

You need permission from the court to move your child out-of-state. There are a number of legal hoops to jump through and numerous things the judge needs to consider. Contact an attorney to get this done -- it is not something most people will succeed in doing on their own.

1 Answer | Asked in Family Law and Child Support for Illinois on

Q: I have a 15 year old child support case with my ex. She's not made a payment in over 3 years. Can I ask for jail time?

She has never paid in full period in 15 yeaes. She's always been behind. I'm moving out of state and can't afford to keep coming back to press the courts to make her pay. Our children are 20 and 21. She quit paying the last time before our son was 18. She even admitted to this judge she's not paid... Read more »

James G. Ahlberg answered on Jan 31, 2019

Your attorney should file a Petition for Adjudication of Civil Contempt. This should result in an order to your ex to prove why she shouldn't be held in contempt of court for not paying support when it was due. A possible consequence of her being found in contempt is that she will receive a jail... Read more »

1 Answer | Asked in Child Support for Illinois on

Q: I want to get an amendment to my separation agreement/divorce decree.

I got divorced in North Carolina but have since moved to Illinois. My ex now lives in Texas. If I want to get an amendment to my separation agreement/divorce decree, which state should I get a lawyer in?

Ray Choudhry answered on Jan 20, 2019

The case stays in North Carolina until the judgment is registered in some other state.

2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on

Q: My step children were taken away from their mother by DCFS. The mother has not stopped the child support what do we do?

She is also still claiming them for food stamps and medicaid in Florida, which they are enrolled in school with us and are claimed for food stamps and medicaid by us in Illinois.

Ray Choudhry answered on Jan 17, 2019

You need to go to court to get a revised parenting plan and ask that child support stop.

You might even be entitled to collect child support from her.

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1 Answer | Asked in Family Law and Child Support for Illinois on

Q: I've paid child support for years but haven't seen son in 6 years. Can I have child support stopped

Ray Choudhry answered on Jan 17, 2019

Child Support and Parenting Plans are two different things.

If you want to see the child, you should request it by filing the proper forms.

1 Answer | Asked in Child Support for Illinois on

Q: If I'm paying child support, am I on the birth certificate?

I took a state issued paternity test, I am the father. Now my ex is withholding my visitation. Claiming I'm not on the birth certificate so I have no right to see my kid. However I still pay child support so how could that be?

Ray Choudhry answered on Jan 11, 2019

Looks like your name was not on the birth certificate.

Otherwise a DNA test would not have been needed.

What you need is a parenting plan giving you parenting rights.

The fourth form on this web page is the recommended form in Illinois:...
Read more »

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