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Illinois Child Support Questions & Answers
2 Answers | Asked in Child Support for Illinois on
Q: New job 10.50 per hr. Received Child support order. They are using my old $32,000 salary. Court date May 10th. Options

I was laid off April 29, 2016. Had a Lawyer that did not proceed immediately to help my case. Started receiving unemployment in August. Child Support immediately started withholding the same amount they took out from my old job at $32,000. Court Date was in December. I have 1 kid by the first mom... View More

Ray Choudhry
Ray Choudhry
answered on May 4, 2017

If your pay has decreased through no fault of your own, in other words no voluntary reduction in pay, then you are entitled to a modification of child support to reduce payments.

To help your case, make sure to fill out a Financial Affidavit, with all the required attachments, and take it...
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3 Answers | Asked in Child Support for Illinois on
Q: What do I need to do to stop child support when my kids move in with me permanently. Mother is leaving the state.
Dennis Delman
Dennis Delman
answered on May 2, 2017

you need to file a pleading before the court requesting that your obligation to pay should be modified and abated...stating with specificity all of the reasons

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4 Answers | Asked in Child Support for Illinois on
Q: I'm just now filing for CS for my 10 and 5 year olds. Will I get back CS for them or will payments start fresh?
Dennis Delman
Dennis Delman
answered on May 1, 2017

your payments will most likely begin when the petition for support has been filed with the court

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1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Original court agreement states support & insurance done when she's 18,mother seeking father to pay insurance til age26

Since original agreement wasn't modified when new illinois law took affect, which agreement is valid? Or does he have to keep paying the mother 400$ + a month to cover daughter on her medical insurance even tho original court agreement says done @age 18? He has 2 school age children to care... View More

Cheryl Powell
Cheryl Powell
answered on Apr 28, 2017

Mother can file a petition seeking to have it modified beyond age 18 if she is going to college. Otherwise, the agreement that says terminate at age 18 controls.

2 Answers | Asked in Child Custody and Child Support for Illinois on
Q: What forms do I need to file to change custody and child support in DuPage with both parents agreeing?

Custody is going from my ex-wife to me and my support payments are stopping and she'll begin paying me. She waives all rights to appearances in court and we've agreed to everything already. The child also wants to switch! There's no ill will and our child wants to live with my new family.

Cheryl Powell
Cheryl Powell
answered on Apr 28, 2017

You will need a petorion to modufy parenting time, an allocation judgment, an entry of appearance, an order/notixe to withhold, a uniform order for support and a child support data sheet. You should hire a lawyer to help u.

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1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Does it matter if you're not making less than 20% of what you were making.

My husband is paying child support for youngest child, recently started paying for his oldest child when she moved in with her mom, I always thought the oldest got more?? But the youngest is getting more and when he started paying for oldest the youngest support didn't decrease. He also... View More

Ray Choudhry
Ray Choudhry
answered on Apr 28, 2017

The 20% is a rule of thumb to prevent people from clogging up the courts asking for child support modifications.

1 Answer | Asked in Child Support for Illinois on
Q: Can my ex wife try to take me back to court for child support, after she denied taking payment from me?

I mean I tried to hand her the money and her response was I don't want or need your money, and she put it in writing via text message, and her mom was a witness to this

Ray Choudhry
Ray Choudhry
answered on Apr 27, 2017

denied taking payment

Do you mean she let it go.

Doesn't really matter what happened. She always has the right to have the court determine child support.

2 Answers | Asked in Child Support for Illinois on
Q: My husband is paying child support to his ex wife for his youngest child. He recently got ordered to pay support for his

Oldest child ( only has 2 kids) his company transferred him and is now making less money. Can the decrease in income and an added child support order lower his child support payments? Filed in Illinois currently living in Florida

Ray Choudhry
Ray Choudhry
answered on Apr 27, 2017

When the newest support amount was calculated, it should have taken into account prior ordered support.

In any case, a reduction in pay (unless voluntary) is grounds for asking for modification.

Soon, Illinois will have a new way of calculating child support.

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1 Answer | Asked in Divorce, Family Law and Child Support for Illinois on
Q: IL divorce father does not participate in children's lives. Coukd mother be awarded more $ compensation bc of his lack?

Marriage of 15 yrs

Ray Choudhry
Ray Choudhry
answered on Apr 26, 2017

No.

Divorce says what he has to pay and he doesn't have to do more.

On the other hand, you may be entitled to more support.

Illinois is changing the way child support is calculated.

Contact your lawyer to see if you may entitled to a modification to increase child support.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Illinois on
Q: Young mother signed rights of child to her mother while homeless and unstable. can mother receive rights again?

young mother is now stable with a job home and car.

Ray Choudhry
Ray Choudhry
answered on Apr 26, 2017

Either her mother adopted the child or got guardianship.

If it was guardianship, then she can petition the court to terminate the guardianship because the reasons for its creation no longer exist.

2 Answers | Asked in Child Support for Illinois on
Q: Can my daughters father sign his rights over to avoid child support?

I already have two kids he pays for but doesnt want to pay for the one im pregnant with can he sign his rights over?

Cheryl Powell
Cheryl Powell
answered on Apr 25, 2017

No. Unless u r married and reay.to have ur new husband adopt the child.

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1 Answer | Asked in Family Law and Child Support for Illinois on
Q: I am a 44 yr. old woman with 5 boys. My husband left 6 wks ago - I have no money - We will be out of our home 5/4/17.

I don't know what to do - I'm at the end of my rope. What should I do?

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2017

Call legal services for free legal assistance. It looks like you are in the Chicago area.

Legal Assistance Foundation should be able to guide you.

312.341.1070

Good luck.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: My husband lost his job & the mother of his child wants more support because she's considering my income too, will they?

He lost his job due to incarceration, currently unemployed and we have a 6 month old. He contacted DSS and caseworker stated that my income will be reviewed to pay for the increase.

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2017

Yes, a spouse's income can be taken into consideration.

1 Answer | Asked in Divorce, Family Law and Child Support for Illinois on
Q: Can my ex get 20% of my tax refund? They have never asked for it before and now that I'm making less they want 20%.

I've been paying child support for 6 years now. In the past they never calculated in my tax refund as income . Last year I made less money and filed a motion to decrease child support. Her lawyer is say that my tax refund is income and she is intitled to 20%. The order states that every... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Apr 14, 2017

Yes, she is entitled to 20% of your tax refund. Had you declared the correct number of exemptions, there would be no refund. Your obligation is to pay 20% of your true net income - not 20% on the net income that appears on your pay stubs. No one ever knows what their true net income is until they... View More

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: I was wanting to marry my fiance but he has back child support will I have to pay for it as well I'm in illinois.
Angela Peters
Angela Peters
answered on Apr 10, 2017

As you describe your situation, he will remain responsible for child support. You personally will not be responsible for his child support. However, some of the money that he makes during the marriage to you will need to be used to pay his child support. Ordinarily, money made during the marriage... View More

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: it states in our last modification child support ends as last payment inmay do we still have to file modification to sto
J. Richard Kulerski
J. Richard Kulerski
answered on Apr 5, 2017

It depends on the county you got divorced in, and on whether payments arte made by Withholding. Some counties have strict termination date cut-offs.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Illinois on
Q: If my now ex-wife and I adopted a child at birth, and we divorced when he was 3, plus she just passed can I give up

my rights?

Angela Peters
Angela Peters
answered on Mar 30, 2017

You need to review what your divorce decree says. If you are named as the father and have an obligation to pay child support, you can't just give that up. I would suggest that you meet with an attorney and go over the facts of your case. I don't know if you are looking for someone else to... View More

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: Is there any legal action I can take on to prevent sharing of prescription medication

Mother of unborn child is abusing her prescription medication and is a recovering alcoholic. Her Mother (Grandma) is also giving her her own prescriptions (Ambien/Xanax) which are causing alcoholic cravings leading the mother of my unborn baby to drink. Is there any action I can take against the... View More

Cheryl Powell
Cheryl Powell
answered on Mar 26, 2017

Certainly. Call the police. Show them the text messages. Those are strong pxs for a mother to be taking.

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: Hello, my ex wife is threatening to take me back to court to enforce college expenses,

If she does , do they do a discovery for income and debt. Do they ask for bank statements? And if so, how many months ? And my girlfriend lives with me and she is on my checking account would they want to see her income too and would her income play a part in what my portion is to pay for college ?... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Mar 23, 2017

There are many factors to consider when determining each parent's obligation to contribute to college expenses, and these are best discussed, in person, with an attorney who can learn all of the facts of your particular situation. However, to answer just the questions you asked, full discovery... View More

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: how can I stop my ex when he does not no want to pay for my son

my son is 7 , my ex has never done anything we went to court on 2/10 and the support order was processed , he went back on 2/22 to file a modification since he hasn't made his first payment, does he have a case? they had to court order his income records so the 20% the state put on there is... View More

Angela Peters
Angela Peters
answered on Mar 15, 2017

It sounds as though you went through the state at some point. I would suggest contacting the State's Attorney in your area again, and speak with the child support division.

Ex may be able to modify his obligation going forward, but that does not mean he gets out of paying what he owes...
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