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Illinois Child Support Questions & Answers
1 Answer | Asked in Child Support for Illinois on
Q: How can I get the child support that I paid to my ex back since I have had kids FT since she went into Nursing Home?

My ex went into Hospital end of December 2019. I have been paying child support this whole time due to our court case being pushed back due to COVID. The last court case we had the judge stopped the child support order, however, didn't "order" the POA to give the child support back... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

If a judge in family court has denied your child support related request, you cannot then take it to small claims court and get a second bite at the apple.

1 Answer | Asked in Child Support for Illinois on
Q: Can I co-sign house in Florida if I pay child support and arrears in Chicago

I have a child support case in Chicago but live in Florida. I am current but have arrears I am paying Also monthly. Can I co-sign on a mortgage loan in Florida. without getting lien on the house

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

Can you? Maybe. Should you? No. Why would youj want to co sign on a house that does not legally belong to you and in which you have no right and no legal recourse if you end up being the person making the payments?

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: Do my husband have to pay back pay even after paying child support since divorce.

If my husband has been paying child support for both his kids since he divorced his ex wife and has never missed a payment and also sent extra money when needed, mind you this is just a set amount they both agreed on. Now since he married me she’s trying to get back child support from when they... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

I am not sure what he has paid vs. What he should have paid vs. What the court order says. If there is already a court order and she wants some child support from prior to the entry of that court order, i am not sure she can do that. The better course is to bring all of your papers to a family... Read more »

3 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Can my income (I'm the stepmom) cause my husbands child support to increase? Can we file for every other weekend ?

My husband pays his child support in time and doesn't own any back pay. But the children's mother demands more money from him, since we just got married last year. We have a 5 month old baby together and he has 4 kids with his ex (they were never married). But now he has another... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

Yes, a spouse's income is related to the standard of living that the child would have enjoyed had the marriage remained intact. The father has more money to contribute. More money is available to him, he can have nicer things because he married and has a 2 income family.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: I need to find a pro bono attorney for a grandmother/grandson custody issue in Iroquois Co. IL.

My grandson has been with me for 16 years, (that is his age as well). His father is out of the picture. His birth mother, in another county has began seeing him more over this summer. She now wants him to live there. She has not given one dime in child support, or done anything to help with him in... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 21, 2020

Contact Prairie State Legal Services and see if they are willing to help you.

2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: How hard is it to get full custody as a dad?

The mother of my kids doesn't let me get share custody. Now she has blocked me and my wife and can't get in contact with her or my kids. Im tired of this. I just want shared custody over my kids. My kids have mentioned to me that want to live with me? Does it help if I file for custody... Read more »

George W. Svoboda
George W. Svoboda answered on Jul 21, 2020

Getting full custody may be difficult. The mother has rights too, unless she is abusive or neglectful. The children's wishes may be taken into account depending on their ages. Remember, they probably say different things to each parent. That is typical survival behavior. They want to please... Read more »

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2 Answers | Asked in Family Law and Child Support for Illinois on
Q: Hi, I was dating a girl 25 years ago, I found out she was married , and told Her I didn’t want to see her anymore , she

Got very angry , then told me

She had clomidia, then the next week said she was pregnant,.. then I never heard from her again .. I never had her phone number , she always had her sister drive her to my house ... 24 years later , I get a message on Facebook from a girl who claims she is my... Read more »

George W. Svoboda
George W. Svoboda answered on Jul 20, 2020

You should be very careful what information you give out. You might need a written contract to protect yourself. They could try to go after you for back child support. A Tennessee man was ordered to pay $160,000 in back child support in a case like yours. That case was upheld on appeal.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: If my ex purchases a car for our child without talking to me, am I obligated to pay half the vehicle fees and insurance?

Parental agreement doesn't cover drivers license or car insurance. No child support but we are suppose to pay 50/50 of medical, school and extra-curricular activities.

Cheryl Powell
Cheryl Powell answered on Jul 15, 2020

No, you are not obligated because no child NEEDS a car. However, typically in these situations, the child holds it against the parent that will not help them pay for the car. Sometimes it helps to help them get a car, say you will help them pay for it if they can't but make sure they are... Read more »

1 Answer | Asked in Child Support for Illinois on
Q: My ex lawyer says if i modify child support. They will use my BA degree saying I would be making more money than my ex.

My ex is behind in child support. Says hes goes to those daily pay jobs. I dont work anymore because I am a stay at home Mom with my 10mth old. My ex lawyer says if i modify child support. They will use my BA degree saying I would be making more money than my ex. Is this possible? Most amount I... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 13, 2020

A lawyer in your county who knows your judges knows what is likely in your county. It is possible.

If you saw one lawyer there, talk to another.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Do you get a refund on overpaid child support?

My son moved in in December, in January I started the process of stopping child support it has been pushed out until the end of July due to covid. He turned 18 june 30, the original end date.

Cheryl Powell
Cheryl Powell answered on Jul 13, 2020

You know what the rules are. He is a minor who is able bodied. Give the child support checks back to the business.

1 Answer | Asked in Child Support for Illinois on
Q: Can u get child support back pay for a 14 year old and I have proof I have been providing for him since Birth?
Cheryl Powell
Cheryl Powell answered on Jul 7, 2020

No, ith very few exceptions. If you wanted it, you should have sued earlier.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: A father has not seen his child since she was 3 and she is now 16. Due to a false accusation that got thrown out by

police and he has been scared to be involved ever since. Can mother 13 years later after denying any contact take father for child support?

Cheryl Powell
Cheryl Powell answered on Jul 6, 2020

That scenario is unlikely. If she knew where he was all of this time and wanted it, she should have filed.

1 Answer | Asked in Child Support for Illinois on
Q: My son is turning 22 & child support will end, his dad still owes $60,000 in arrears, what happens next in Missouri?

Will the state enforce the arrears as well? How will this be calculated as far as making payment?

Cheryl Powell
Cheryl Powell answered on Jul 2, 2020

You need to go to the public aid office, child support enforcement division. They should help you with child support collections.

1 Answer | Asked in Child Support for Illinois on
Q: In illinois can a custodial parent charge their child who is 18 years old rent, while receiving child support?

I am the non-custodial parent who is paying child support, and I want to know why the custodial parent is charging my 18 year old daughter rent while receiving child support payments from me?

Cheryl Powell
Cheryl Powell answered on Jun 25, 2020

That is not appropriate. Your child support should terminate or the rent charge should stop.

1 Answer | Asked in Cannabis & Marijuana Law, Child Custody, Child Support and Divorce for Illinois on
Q: mother and step father are getting a divorce both wanr custody of my 6-year old brother. I’m 22 and did weed and acid.

This was a few months ago and I lived in my own place. I have no history of abuse or records. Will this affect my mothers ability to get custody of my brother? We have all of the evidence of him being abusive and I always take care of my brother. He’s going to try and make it seem like my mother... Read more »

Cheryl Powell
Cheryl Powell answered on Jun 19, 2020

It does not matter what you chose to do when you were an adult on your own.

1 Answer | Asked in Child Support for Illinois on
Q: How do I change my child support if my child moves out of her custodial parents house?

I live in Illinois. My stepdaughter wants to move in with us for her senior year of high school when she turns 18yrs in August. We want to change so the support goes to the child instead of the parent she will no longer be living with.

Cheryl Powell
Cheryl Powell answered on May 31, 2020

If your order has an expiration date, you meed to make sure it ends at the end of may, 2021. If it has an earlier date, you need to get a court order to extend the termination date to that time. Otherwise, you file a motion to redirect child support.

1 Answer | Asked in Child Support for Illinois on
Q: Illinois child support can a custodial parent use the child support money on something other than the child.

Like her putting the money on her boyfriends jail books is that against the law and what can i do about it

Cheryl Powell
Cheryl Powell answered on May 21, 2020

Custodial parents are responsible for providing the child with adequate food, clothing and shelter. Where the money comes from, whether it be child support, unemployment insurance, the state, etc. Is irrelevant.

The pot is fungible, so there is no specific identification of what monies are...
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2 Answers | Asked in Family Law and Child Support for Illinois on
Q: My husband has overpaid his child support

Court ordered support has been withdrawn from paycheck in IL for child residing in OR. IL says he has overpaid around $3200. Oregon says arrears of the same amount and we cannot get anyone to speak with. Just received notice that his stimulus check was kept to put towards arrears. What is suggested... Read more »

Cheryl Powell
Cheryl Powell answered on May 19, 2020

The answer is to go back to the court orders:

$50/wk from x to x

$25/wk from x to x

Make a list. Go to the perpetual calendar if dealing with weeks. Compare the required payments to the payments made. If arrearages are already calculated at one time, go back to that order...
Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Can dad give custody back to mom without paying for a lawyer or going to court?

Dad took Mom to court for custody of 15yo daughter. Mom didn't fight it, Dad got custody. Dad is an emotional abuser and it's not working out. He won't just let her go back to the mom without going to court "because he doesn't want to pay child support". Is there a way... Read more »

Brian W. Reidy
Brian W. Reidy answered on May 7, 2020

Parties can agree to modify parenting time without a court order. Parties cannot modify child support orders without a judge signing an order. If the goal is to modify parenting time, the parties can agree and they should put any agreement in writing.

If the child lived with mom, dad would...
Read more »

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: What it means to divorce after 16 yrs. 27months old involve. Both parents are type1 diabetic. Mother is always homemaker

My husband emotionally abusuing me. I am well controlled diabetic but also has hypoglacemia history. Paramedics treated me few times. Will i loose my child custody? Though last hypoglecemia happened four yrs back in different country.

My husband is also well controlled type1 diabetic. Does... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 4, 2020

You have not provided enough facts to allow for a definitive answer, but there isn't anything you have said that would indicate you would not receive at least 50% of the parenting time. Your depiction of your health condition does not hurt your chances of being the residential parent. The fact... Read more »

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