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Illinois Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Is it possible to change my child’s last name to mine?

I would like to change my child’s last name to my last name. Their dad and I were never married, we don’t have any court order custody agreement, and he’s always been in and out of her life and not financially responsible. I was informed by him about 6 months ago that he has started the... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 23, 2020

It can be done through the courts, but you will be required to provide notice of the court proceeding to the child's father. Be prepared to show it is in the best interest of the child to change the name.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: If our child drops out of college and decides to enroll again prior to age 23 can I be held financially responsible?

Child wants to graduate high school early but I don't think they are mature enough yet. We don't have anything outlined in the parental plan for higher education however I am the primary decision maker with high school.

I'm curious if our child attends college after... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

Frankly, the best answer I can give is not to fret about something so far away over which you have little or no control. This is the advice I'd give if you were a client.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: If parental order was not followed prior to child attending College, am I financially responsible?

Our current order states that the three of us (mother, father and child) will work unilaterally regarding College. So far I've been kept in the dark and our child won't answer any of my questions regarding college. Our currently order only states that if the three of us cannot agree... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 18, 2020

Ask your ex-spouse about college. Your child wasn't a party to the legal proceeding in which the order was entered, whereas your ex was. Your child can't be held in contempt for not obeying an order in a legal proceeding to which the child was not a party. Your ex is bound by the order... Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: I'm 22 of age my grandma raised me and was the one getting my child support

Can I be the one getting it now I'm of age and live on my own and have lived on my own since I was 17

James G. Ahlberg
James G. Ahlberg answered on Jan 13, 2020

You legally became an adult on your 18th birthday. Child support normally stops on the child's 18th birthday or graduation from high school, whichever is later. There are exceptions if you're disabled or if your parent has been ordered to contribute to your higher education (college, etc.).

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: My Court Ordered Child Support had a termination end date on 11-20-19 upon my son's Birthday. This court order was

Written and signed by the custodial parent and stamped and signed by the Kane County Court on 1-12-07. My job finally stopped child support payments on 12-26-19 after realizing they were in violation of the court order termination date. The custodial parent wants to take me back to court to... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Jan 12, 2020

You should not have to pay any backpay but the other party can file a Petition for Contribution for College Expenses. This can be done only the child is going to college. If he is working and not going to college, he is emancipated and you will not have to pay any more child support for him.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: In 2015 I was hurt at the job and I was unable to work while recovering from a surgery. During that time I was getting

Paid Thru workman compensation of a check of 60% of my previous salary. I had a child support order for $210 a week but due to the fact that I was hurt and no longer getting paid from the job those payments stopped. I paid my Kids mom $110 a week since I was injured because I was only getting 60%... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Jan 12, 2020

You cannot change the amount of child support owed without a court order modifying it. So even if your income was reduced, you still owe the child support per the court order. At the time of your injury, you should have petitioned the court to modify the child support order. The child's mother... Read more »

1 Answer | Asked in Child Support, Family Law and Legal Malpractice for Illinois on
Q: Child support in Illinois: college student plus child with disabilities. My lawyer refused to do as I asked.

My ex and I originally compromised on our initial child support agreement. He offered a generous amount until the youngest of 4 kids was 18. I had always been stay at home mom. Because of his generosity (no calculations or % when it was still law), I did not seek maintenance. Then when oldest is... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 10, 2020

It is probably too late to seek maintenance, although you may have a very slim chance by arguing you and your ex were mistaken as to the facts involved when you made your choice. A judge can consider (and award) college expenses and can take into account the added expense of raising a disabled... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: State of Illinois, is it a conflict of interest to have my ex-wife be represented by her current boss?

My ex-wife is employed by a ligation and personal injury attorney in the state of Missouri. He represents her at no charge in the state of Illinois where our case has been initiated. Is it a conflict of interest for him to represent her?

James G. Ahlberg
James G. Ahlberg answered on Jan 2, 2020

If he was your boss it would be a conflict of interest. If he's her boss it is not.

1 Answer | Asked in Child Support and Divorce for Illinois on
Q: Father is in Puerto Rico, Mother is in IL - divorced. Father pays child support until the children are what age?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 31, 2019

18 or graduation from high school, whichever is last to occur - but not to exceed age 19.

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Q: we have my bf’s kids Mon-fri & every other weekend does mom have to pay childsupport doesn’t work but her husband does

Mom doesn’t work so she does not have money to pay child support but she’s married & her husband has a job. Does child support take in to consideration her husbands income for child support?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 30, 2019

No, her husband's income cannot be used to determine her child support obligation.

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1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: Can my ex file for custody, taxes and child support?

I was given custody in 2017. My ex was not ordered visits or child support. In 2019, Aug my wife and I found out she was doing better and expecting a baby. I let her go live with her mom and grandparents in Tennessee while I live in Illinois so that she would be there for the birth of her brother.... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 26, 2019

As long as an Illinois court has ruled on such things as custody, parenting time (formerly called visitation) or support, the children should remain subject to the jurisdiction of the Illinois court. The Tennessee court should refuse to take action contrary to the Illinois court's orders. This... Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: What is going to happen next?

My ex has been alienating me from my son since he was a year old. Telling him to call me "Uncle". She told me I can be his father when she gets child support. Any visitation I had with him, she felt the need to supervise personally and I was only able to visit with him for 2 hour... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 17, 2019

You'll need to have a lawyer see the papers the sheriff served on before he or she can tell you what they are and what you should do about them. The lawyer can also give you advice about your rights to see your son and whether or not your ex could legally take him to Florida. A lawyer needs... Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Owed 10k in back child support, state is involved. He has quit 3 jobs in 6 months. What can i do. My son is 24 years old

We have been going back and forth to court several times, he does not follow the orders and once the state takes the money out of his check a few times he quits the job. I have pictures that show he is doing roofing jobs, he also owns several expensive cars he is selling. What can I do to help get... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 16, 2019

If doing it on your own hasn't worked, hire an attorney to file a Petition for Rule to Show Cause. This asks the court to hold your ex in contempt. If you win, the court has to order your ex to pay your attorney fees in Illinois. If it was me, I'd be asking the court to have him sign over... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: RELOCATION

IF THE FATHER HAS NOT MADE CHILD SUPPORT PAYMENTS OR SEEN THE KIDS IN OVER A YEAR CAN I RELOCATE IF I HAVE AN EVICTION NOTICE CAN I LEAVE STATE WITH EXTENDED FAMILY ?

James G. Ahlberg
James G. Ahlberg answered on Dec 9, 2019

Not without a court order giving you permission. It's more complicated than it sounds -- don't try to do it without a lawyer's help. While you're in court you should consider asking the judge to hold your ex in contempt for not paying child support.

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1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Q: How can a state have 2 different dockets cases for the same child support? (Same mom, child and dad).

1982 (Michigan) When the divorce was final there was no order of support. In 1986 the mom put in for uresa initiating, & the state the dad was in gave an order of support. (North Carolina) later the dad moved to another state. (IL) Never heard anything from either states til 94 when there was a... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Nov 25, 2019

You definitely need to consult an attorney who can advise you.

2 Answers | Asked in Child Support and Family Law for Illinois on
Q: What can be done if a mother is willfully keeping the child from their biological father since birth

She refuses to let the father be apart of the childs life at all or except gifts from the biological father. And she has been in several different relationships since child was born and has told the child to call each one daddy. But will not let the biological father be apart of the childs life.

Marilyn  Johnson
Marilyn Johnson answered on Nov 25, 2019

The father needs to file a Petition to Determine the Existence of the Father and Child Relationship. The court will have to make a finding of paternity which may require a DNA test. After that the court will determine parenting time, parental responsibilities and child support.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: I am on child support can I get visitation with my daughter

I have been in no trouble have an apartment with my girlfriends 2/kids

Marilyn  Johnson
Marilyn Johnson answered on Nov 19, 2019

From what you have indicated, you should be able to have parenting with your daughter. You will have to petition the court for a parenting time schedule. Your parenting time will be ordered by the court taking into consideration the age of your child . If you have not been in your daughter's... Read more »

1 Answer | Asked in Child Support for Illinois on
Q: Can i file for child support if the childs father still lives with me but refuses to pay bills

The father collects unemployment and does not pay any bills or for any food or tutoring

Marilyn  Johnson
Marilyn Johnson answered on Nov 14, 2019

Yes you can. If he is not supporting the child and he is not paying any bills at your residence, then you can petition the court for child support.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Do you always need a lawyer for a child support case if we were never married?

I have been the sole provider for my almost two year old for her whole life. I recently got summoned to court because her dad wants custody and child support. He has a lawyer but I can not afford one. I asked the judge for a 30 day continuance to obtain a lawyer but most of them are $3000.

James G. Ahlberg
James G. Ahlberg answered on Nov 13, 2019

Strictly speaking, no. Practically speaking, yes. You can build a house without a carpenter, a plumber or an electrician, but how good a house will it be? Similarly, you can present your own case before the judge, but how good a case will it be? Borrow the money from friends and relatives if you... Read more »

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: How can I speed up the child support process without having to pay for a lawyer?

My childrens father and I have recently separated and I filed for child support in September 1, 2019. Havent heard back yet but when I emailed them they said it could take up to 6-8 months of a wait but if I want to speed up the process I could hire a lawyer. I am a single mother of 3 and cannot... Read more »

Cheryl Powell
Cheryl Powell answered on Nov 13, 2019

You might be able to get one through your legal services office which would establish parenting time and parenting allocation.

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