Illinois Child Support Questions & Answers

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?

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Answered on Feb 24, 2019
Marilyn Johnson's answer
You need to file a Petition to Terminate Child Support. This should have been included in your Petition to Modify Custody.

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?

1 Answer | Asked in Family Law and Child Support for Illinois on
Answered on Feb 22, 2019
James G. Ahlberg's answer
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 may mean you actually receive SSDi (Social Security Disability) benefits. If that's the case, child support can be assessed against you, but your minor children should also be receiving SSDi benefits...

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?

1 Answer | Asked in Child Support for Illinois on
Answered on Feb 21, 2019
Ray Choudhry's answer
If your income goes down without your fault, you have a right to petition the court for a reduction.

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?

1 Answer | Asked in Child Support for Illinois on
Answered on Feb 19, 2019
Ray Choudhry's answer
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/

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?

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Answered on Feb 8, 2019
James G. Ahlberg's answer
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.

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?

1 Answer | Asked in Family Law and Child Support for Illinois on
Answered on Jan 31, 2019
James G. Ahlberg's answer
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 sentence, typically lasting until she pays a particular portion (or all) of the amount due.

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

1 Answer | Asked in Child Support for Illinois on
Answered on Jan 20, 2019
Ray Choudhry's answer
The case stays in North Carolina until the judgment is registered in some other state.

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

2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Answered on Jan 17, 2019
Ray Choudhry's answer
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.

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

1 Answer | Asked in Family Law and Child Support for Illinois on
Answered on Jan 17, 2019
Ray Choudhry's answer
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.

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

1 Answer | Asked in Child Support for Illinois on
Answered on Jan 11, 2019
Ray Choudhry's answer
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:

https://midamericalawoffice.com/divorce-forms/

Q: I receive a workers comp settlement 15 yrs ago while I was paying child support to x wife never told her and court

1 Answer | Asked in Child Support and Workers' Compensation for Illinois on
Answered on Jan 8, 2019
Ray Choudhry's answer
Were you required to report it?

Double check your court orders.

If you were and you short changed her, you could have to repay with interest and possibly face contempt of court charges.

Q: My employer has been taking child suport out of my check but not paying it in

1 Answer | Asked in Child Support for Illinois on
Answered on Jan 5, 2019
Ray Choudhry's answer
This is something the payee's attorney is supposed to take care.

There are penalties for employers for not forwarding the withheld child support in a timely manner.

Q: How do I request my ex completes rehab or an alcohol treatment program & get supervised visits until he's paying support

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Answered on Dec 26, 2018
James G. Ahlberg's answer
The best advice I can give you is to hire a lawyer to get as much of this done as you can. If you can't afford a lawyer, check out local legal aid programs.

Q: Is there a way to claim one of my kids through the Courthouse even while being on child support?

1 Answer | Asked in Child Custody and Child Support for Illinois on
Answered on Dec 22, 2018
Ray Choudhry's answer
Awarding exemptions is part of divorce and paternity proceedings.

A lot of factors are taken into account.

Income of the parties and the Parenting Plan are the most important.

File a Petition for Allocation of Exemptions.

Q: I live in Illinois. Are school lunches part of paying half of all school expenses in a divorce

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Answered on Dec 12, 2018
J. Richard Kulerski Esq.'s answer
No. School lunches are included in child support.

Q: When recieving child support, what does the provide the child? Such as food? Clothes?

1 Answer | Asked in Child Custody and Child Support for Illinois on
Answered on Dec 4, 2018
James G. Ahlberg's answer
Child support can be used for almost anything. Car payments? Sure, you've got to get around. Gas or repairs for the car? Same thing. Rent or a mortgage payment? You've got to have a roof over your head. Food? Yes. Phone bills, water, heat for the house or apartment, garbage removal, Internet, cable TV (or dish)? All of these are legitimate things to spend child support on, along with countless others.

Q: Can respondent allocate that petitioner must remain in the current city of residence for the interest of the children

1 Answer | Asked in Divorce, Child Custody and Child Support for Illinois on
Answered on Nov 16, 2018
J. Richard Kulerski Esq.'s answer
You can move wherever you wish as long as you stay within the applicable mileage limit.

Q: What is laws in Illinois regarding minor(17) in college.Does child considered automatic emancipated once in college ?

2 Answers | Asked in Divorce and Child Support for Illinois on
Answered on Nov 10, 2018
J. Richard Kulerski Esq.'s answer
Child support must be paid until the child reaches 18 or graduates from high school, whichever is last to occur. However, the court will likely take the new circumstance into account. It's up to the judge. How much is the obligor parent contributing to the college expenses? Is the child boarding at college, or living with the obligee parent?

Q: I have a life insurance policy on myself. The beneficiary owes child support.

1 Answer | Asked in Child Support and Estate Planning for Illinois on
Answered on Nov 5, 2018
Ray Choudhry's answer
The policy funds will go to the beneficiary.

The person owed back child support can get a court order to have these funds applied to the back child support.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.