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Illinois Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Can I change my mind about cs at the first hearing?

I'm the father of a 4 year old. I filed for cs against the mother of my child but no longer need those services as we have been coparenting just fine now. Can I change my request at the first hearing we have coming up or is it to late?

Ray Choudhry
Ray Choudhry
answered on Apr 6, 2018

There is no court order until the judge signs it.

Up to then, the parties can change their minds.

On matters to do with custody and support, the judge is not bound by the agreement of the parties.

1 Answer | Asked in Child Support for Illinois on
Q: Paying child support until child graduates from high school what do I need to do
Ray Choudhry
Ray Choudhry
answered on Apr 6, 2018

Check to see if the child support termination is self executing.

Double check with employer.

If not, retain an attorney to get it properly stopped so it doesn't continue to accumulate.

1 Answer | Asked in Child Support for Illinois on
Q: I been paying child support for 8 yrs and now I found out that the child might not be mine will she have to pay it back
Ray Choudhry
Ray Choudhry
answered on Apr 5, 2018

No.

Because you either agreed to the parentage or did not contest it.

Anyway, there are only limited ways to bring up the subject in court in the first place.

1 Answer | Asked in Child Support for Illinois on
Q: Can i take the father of my daughter to court for child support even if she doesn't have his last name?

I was married to someone else and my daughter is from another man. And my daughter has my ex husbans last name and not the actual father's last name.

Ray Choudhry
Ray Choudhry
answered on Apr 1, 2018

A lot of children in paternity cases don't have the father's last name.

1 Answer | Asked in Child Support for Illinois on
Q: How do I get my child support lowered?
Ray Choudhry
Ray Choudhry
answered on Apr 1, 2018

Unless there is some special reason, the arrearage can't be lowered.

It might be possible to lower each payment.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Hello I live in Chicago and I have 2 daughters ages 6 and 7 with my ex. He lives in PR. Can I serve him through court?

He's not in asume and child support in chicago isn't working fast enough. I don't have the money to fly to PR to serve him. I want to file a petition here in Chicago.

Jason L Traub
Jason L Traub
answered on Mar 30, 2018

If the children were born here in Chicago and he then left the state, you may file a petition to establish him as the father of the children in Cook County. You will then need to contact a "Process Server" in the city/town in which he lives (use Google), call them, and then fax/scan/mail... View More

2 Answers | Asked in Family Law and Child Support for Illinois on
Q: When we get married can my fiance's exs lay claim to my income for child support?
Jason L Traub
Jason L Traub
answered on Mar 30, 2018

As most answers go in the law: "It depends."

In most cases - no - the court will consider only the parent's income when establishing the individual child support obligation for that parent; it will not take into account how much their fiance/new spouse earns.

However,...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: My sons dad was threatening me to give him my son or he’ll call the police but order expired ‘14, what can i do?

My parents and i will be picking and dropping him off since 2012. And i just noticed the order has expired. And he always said he was bein so nice to pick up his son up, and said it my responsibility, he will always threaten me to call the police (me not knowing the order was expired) so he’ll... View More

Jason L Traub
Jason L Traub
answered on Mar 30, 2018

I'm assuming the "Order" your referring to is an Order of Protection, as that is the only type that would expire unless otherwise vacated or modified by court order.

In order to set up transportation arrangements, parenting time, and statutory child support, you will need to...
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1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Can a stepmother sue the biological mother for child support? The father has full custody as part of the divorce.
James G. Ahlberg
James G. Ahlberg
answered on Mar 26, 2018

No. It's up to the father to enforce the rights of the child to the support that is due (or past due).

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: Divorced in Illinois with 4 children, decree states I take 3 of the 4 children as deductions. X-wife takes all.

This has occurred for years. Consequences?

I always pay more child support than I have to and can afford. My mother also contributes thousands In the eyes of the state, do I get credit?

James G. Ahlberg
James G. Ahlberg
answered on Mar 21, 2018

You can take the ex to court for contempt re the deductions. You only get credit for the your mother's contributions if she is paying your support for you through SDU. For the most part, anything in excess of the actual support due will be treated as a gift, whether it comes from you or your mother.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: Why should my fiance have to pay child support for a child he dont get to see
Ray Choudhry
Ray Choudhry
answered on Mar 16, 2018

Child support and visitation are two different issues.

If he wants more visitation, he should ask to amend the parenting plan to give him more.

If she is not letting him have the visitation that he is entitled to, he can take her to court for contempt.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: If my fiance is paying child support for his daughter can her mom keep her from him?

We are suppose to get her today and she is saying that we can't have her it's not set up in court yet but we are in the process of trying

James G. Ahlberg
James G. Ahlberg
answered on Mar 16, 2018

As a practical matter it takes a court order to enforce parenting time (formerly called visitation and custody). Otherwise, it's whatever the parties can agree on, with the emphasis being on the word "agree."

2 Answers | Asked in Family Law and Child Support for Illinois on
Q: If the father is not paying child support can I refuse visiting rights to him until he pays his child support Thank you

He hasn't paid in 4 months

James G. Ahlberg
James G. Ahlberg
answered on Mar 15, 2018

No. Visitation and payment of support are considered separate matters. Take him to court for contempt if you must, but you can't use non-payment of support as a reason to withhold visitation.

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1 Answer | Asked in Child Support and Family Law for Illinois on
Q: Can a mother deny a dna for the best interest of the kids after a post decree child support order was entered?

The father petitioned the divorce where our children are listed in the judgement. Parenting time was granted but child support was reserved. Recently a post decree child support order was entered. A week later the father motioned (pro se ) for a DNA test to avoid paying child support to the... View More

James G. Ahlberg
James G. Ahlberg
answered on Mar 12, 2018

The mother can object, but if the court orders it she must cooperate. On the other hand, if the father has helped raise and support the kids for 14 and 16 years, the judge may be unwilling to grant the request for a DNA test.

1 Answer | Asked in Child Support for Illinois on
Q: My son is not married to the mother of his 8-year-old daughter. They have 50% custody & he pays $800/month in child

support. She has a son from her 1st marriage, a daughter from her 2nd marriage & a daughter with my son (not married). They share 50% custody. She has basically gotten child support from all of them. She finally got a job & makes $83,000/year - not including the child support. My son pays... View More

Ray Choudhry
Ray Choudhry
answered on Mar 10, 2018

Advice:

Read the divorce papers.

Comply with the court orders.

That is all a party has to do.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: If ordered to pay x amount for yr and more than that amount is taken, what happens to balance?

I ask this question due to letter i received stating i owe more than 2k. After reviewing five years where i ended up paying more (over 8k) than what I was ordered to. What happens to that money?

Cheryl Powell
Cheryl Powell
answered on Mar 8, 2018

Who did u pay it to and who did u owe it to?

1 Answer | Asked in Child Custody, Child Support and Divorce for Illinois on
Q: If I'm a primary caregiver, and wife and I are divorcing with joint custody, will I have to pay IL's 40% child support?

I'm seeing a lawyer soon, so I'm not wanting specific legal advice, just generalities so I know what to expect. I take the kids to school, get them dressed, buy all the food for the house (including spouse), pay all the bills, give spouse money occasionally, work on school projects and... View More

Ray Choudhry
Ray Choudhry
answered on Mar 6, 2018

Illinois did away with percentages for child support.

The new formula compares both incomes and parenting time.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Should I obtain an attorney in a Child Support case although it's a States Attorney case?

Child support has already been established, however the father has retained an attorney of his own and is contesting the amount he must pay in child support. Now we have to go through the process with it being a states case again. We also have issues regarding day care expenses and visitation.... View More

Cheryl Powell
Cheryl Powell
answered on Mar 5, 2018

You should obtain a private lawyer who can handle all of these matters.

1 Answer | Asked in Child Support for Illinois on
Q: Can court in IL, order that the mom can never take Dad back to court for child support if she agrees he doesn't have pay

My sons father agreed to potentially allow us to move out of State if he never has to pay child suppprt again. He wants the court order to State that I can never take him back for support?

Cheryl Powell
Cheryl Powell
answered on Mar 5, 2018

ABSOLUTELY NOT. THE CHILD IS ENTITLED TO THE CHILD SUPPORT BEING SPENT FOR THEIR NEEDS, A PATENT IS NOT ALLOWED TO GIVE IT AWAY.

1 Answer | Asked in Child Support for Illinois on
Q: If my father owes child support and i'm now grown, can the money be sent to me instead?

My father owes back child support for over 20 years now. My mom received a letter and a check for back chi;d support last year. I don't know if she is receive payments. My question is can the payments be sent to me instead?

Ray Choudhry
Ray Choudhry
answered on Mar 5, 2018

The child support always belongs to the custodial parent and not the child.

Your mother can keep the money or give it to whomever she wants.

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