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Illinois Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: went to court for "enforce child support" she told judge I didn't pay for last 15 months, which it was only last 5 mont

I did not bring proof that I paid her judge took her favor she said I didn't pay her child for 15 months which turned out to be 3700 in back pay child support but I have copies of checks for around 2000 since that date she told the judge

James G. Ahlberg
James G. Ahlberg
answered on Dec 27, 2017

Why didn't you bring your proof to court? About all you can do is ask for a re-hearing at which you can offer your proof. You will want to hire a lawyer who is familiar with your local court system and the way to best present your case to the judge in question. You want a lawyer who has... View More

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: How do I pay child support with order of protection?
James G. Ahlberg
James G. Ahlberg
answered on Dec 27, 2017

Child support is typically withheld from your wages by your employer pursuant to a court order. When your employer sends the withheld amount directly to the State Disbursement Unit (SDU) it does not violate the Order of Protection (OOP). If this is what has been happening in your case, you have no... View More

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Is it possible to receive back pay child support from the father of a child who is now an adult and he's never paid
James G. Ahlberg
James G. Ahlberg
answered on Dec 27, 2017

Yes, if there was a court order that he pay child support during the time in question and he failed to do so.

1 Answer | Asked in Child Support for Illinois on
Q: The father owes 10k in child support he works everyday but never pays how do I collect. Its been 6 months since last pay

I'm not sure if he getting cash but how do I get them to enforce this of lock him up?

Ray Choudhry
Ray Choudhry
answered on Dec 26, 2017

Usual procedure is to file a contempt case. It's usally called Rule to Show Cause why Person should not be held in contempt and punished.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: If a order has been modified do you have to pay more than the order?

I receive disability and pay child support from that check.I also have a part time job and pay child support from that check.Can they collect more than the court order?

James G. Ahlberg
James G. Ahlberg
answered on Dec 21, 2017

No, unless there is separate order ordering periodic payments of past due child support on which they are also collecting. Normally the current support and any amount payable on past due child support are addressed in the same order, though. You may need an order entered clarifying from which... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: girlfriend and I broke up. Have 2 kids and lived together and supported. Now kicked out and is threatening back support?

Aaaaaaaaaaaaa

Angela Peters
Angela Peters
answered on Dec 21, 2017

You should meet with an attorney to discuss your case. You need to be named the father in a court order to best protect yourself. If you have been supporting the children, you may not owe any back support. It all friends on the facts.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Can my ex have my husband's income used in court to reduce the amount of child support he has to pay even though I work?

I work as an independent contractor so my income varies and my ex knows that my husband makes a substantial amount of money and has threatened to request that my husbands income be used in court instead of mine to reduce the amount of child support he would have to pay under the new child support... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 20, 2017

Your present husband's income has ABSOLUTELY NOTHING to do with your ex's child support obligation.Absolutely nothing!

2 Answers | Asked in Child Custody and Child Support for Illinois on
Q: I send money to the mother of my kids. we do not have anything set up with courts. Is it possible to get joint custody?

I send money every two weeks

Ray Choudhry
Ray Choudhry
answered on Dec 18, 2017

You need to file a court case so you have your rights in black and white.

The court will enter a parenting plan spelling out your and her rights in decision making and who the child is with and when.

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1 Answer | Asked in Child Custody, Child Support and Divorce for Illinois on
Q: What are my rights if I was to get a divorce as to my rights if I was going to get separated.

And how would I go about getting full custody and primary placemnt for my 3 children and how do I go about child support

James G. Ahlberg
James G. Ahlberg
answered on Dec 18, 2017

Fundamentally they are the same, except that if you get a legal separation you are still considered married to the other person. Parenting time (formerly called custody and visitation) and support work the same as they do in divorce.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: My BM is spiteful and is threatening child support, even tho I take care of my responsibilities, how can I avoid this?

She’s only been working for a month, she already has two other kids she’s getting child support for. I take of my child financially and I’m in the child’s life regularly. She’s threatening to do this, and I know it’s out of spite

Ray Choudhry
Ray Choudhry
answered on Dec 16, 2017

The law has a formula for calculating child support.

That is the amount you will pay.

Of course, you have the right to petition to be the primary custodian and decision maker.

In Illinois this is done through a Parenting Plan.

1 Answer | Asked in Child Support for Illinois on
Q: My child’s father is set to receive a lump sum of money. He owes me about 15K in past due child support.

He just recently filed a chapter 13 to avoid paying the back pay. Is there anything that I can do?

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 15, 2017

He cannot bankrupt child support. If you know who is giving the money to him, you can file a post-judgment case for the arrears, join the party who is paying him the money as a party to the case, and put a brick on his payment. You need a lawyer to do this properly, and you cannot waste time doing... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: What rights does a mother have to children when dcfs was involved but the father gained custody?

Her and the father had a dcfs case on their children. She never completed the requirements, but the father did, so the case was closed ...She thought she had no rights, but now the state is trying to collect child support. I think that implies she has some form of rights, but I'm not sure...... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 15, 2017

It is entirely possible that she has an obligation to pay child support yet has little or no rights involving her children. Without reviewing the documents involved it is impossible to say what, if any, rights she still has though. She ought to gather whatever paperwork she can find and have it... View More

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Illinois on
Q: I was wondering what kind of legal paths can a man take to prevent his wife to abort their child.

I mean. A man desagrees with his wife towards abortion. He wants to keep the baby, she doesn't. What kind of lawsuit(even if it's a lost battle), should he move against her and where, how will that process unveil. I just want to know the all process.

Thank you.

James G. Ahlberg
James G. Ahlberg
answered on Dec 15, 2017

Save your money. This is a lawsuit you will not win. The "all process" is don't bother wasting your time or the court's.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: If I had a child support case that was dropped can i pick it back up if I've decided to

Well i needed a DNA test done do i went through the courts which created a child support case when the results came back i dropped the case but now I'm wondering can i put it back up or not

Ray Choudhry
Ray Choudhry
answered on Dec 15, 2017

It all depends on what was done and how it was dropped.

1 Answer | Asked in Child Support for Illinois on
Q: I husband just found out that he might have a daughter does he has to paid back child support she is 17 and lives in Ill
Cheryl Powell
Cheryl Powell
answered on Dec 14, 2017

It depends on whether she has collected state aid for the child or not.

1 Answer | Asked in Child Support for Illinois on
Q: My daughters father refuses to pay me child support. Instead, he makes me give him a list of stuff she needs.

My daughters father and I are not together. I live in IL and he lives in Michigan. I have her 99% of the time, she maybe sees him once every couple months. (His doing, because I allow him to take her anytime he asks). I believe he should be sending me some child support seeing that I am raising her... View More

Ray Choudhry
Ray Choudhry
answered on Dec 13, 2017

You need to file a Petition for Parentage so as to officially establish him as the father and have the court order him to pay child support.

Go to this site to estimate what he should be paying:

https://cscwebext.hfs.illinois.gov/CscWebEx/app/estimator?execution=e1s1

1 Answer | Asked in Child Support for Illinois on
Q: If a man has kids with 4 different women. Who gets the most child support? (The oldest kids or whoever file)
Ray Choudhry
Ray Choudhry
answered on Dec 12, 2017

Every case when it comes up takes into account previous court orders.

1 Answer | Asked in Child Support for Illinois on
Q: Can a Woman just put you on child support without Your Knowledge if your Not even the dad
Cheryl Powell
Cheryl Powell
answered on Dec 10, 2017

No. Unless ur name is on birth cetificate, you signed a voluntary acknowledgement of paternity, or u were defaulted in a court proceeding or did not show up for a paternity test.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Can she not get back pay if she never went back knowing he lost his job?

My boyfriend's kids mom had an order against him in 2010, he lost his job in 2012. She was ok with him just giving her checks or money orders. Now after 5yrs she all of a sudden wants all that back pay. Can he stop it where she gets all the back pay cause he did pay her in checks and money... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 10, 2017

She is entitled to 100% of all of the child support that he was ordered to pay and didn't. Without a court order exonerating him from payments when he wasn't working, he still owes the full amount. The kid's mom cannot make the amount less when he is not working because child... View More

2 Answers | Asked in Child Support for Illinois on
Q: I have a court order for my ex to pay half of child care expenses but he refuses to pay them. What can I do.
Ray Choudhry
Ray Choudhry
answered on Dec 8, 2017

The procedure is to file a Rule to Show Cause why he should not be held in contempt and punished by the court.

Same as if he didn't pay child support.

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