Illinois Child Support Legal Questions

Deportation is a seperate topic and in many counties and states is not a matter of the court to report anyone legal status to immigration authorities. And no attorney can provide an accurate answer because the answer to your question is theoretical and has no control over anyone or anything. The courts might be in agreement with ICE or etc or it might not be. Your rights as a parent to request child support is a family court concern and you should move towards utilizing your rights. Suppose you do not utilize your rights and for some reasons the child father is deported, you will be stuck in terms of legality of the custody with the child. Please contact an attorney directly to discuss your situation. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney or would like to represent themselves in court.... Read More

You will need to file a petition for modification for both child support and alimony. You can represent yourself in court. However, it is always best to use a legal expert in case the support and alimony recipient decide to contest your modification. We also assist PRO Se with paper-work preparation if you are under budget.    Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.  ... Read More

Providing you a Notarized document is a good sign. You should get a lawyer to make this a part of the court order otherwise you will still be considered in contempt. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

Sorry to hear what you are going through. A competent and aggressive attorney can best assist you. Usually, the court, the law and most judges favour women even when they are wrong and this is why many attorneys chose to represent MOTHERS in family law matters. Only few handful attorneys that specialize in family law like my office represent Fathers and fight for justice. Your situation is not new its something we see all the time and has experience in getting justice for the fathers on child support. If you are representing yourself then you need to show your side of the story in a manner that will be both convincing and appealing. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono attorney provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

How long has it been since the last court order for child support? In Illinois there is a time frame when you can submit such request, otherwise you would need to show a substantial change in the circumstances. In simple cases all you need to do is to file for modification of the child support. Also, sometimes in Joint Parenting Agreement there could be a provision requiring a father to submit for your review tax returns.... Read More

Hello, Anonymous. A court appearance can be done by either you or your attorney. Unless there is a specific court order ordering you to personally appear, your case can be handled by an attorney who shows up in your stead and on your behalf.  A lawyer should be able to handle the case without you being personally there for it, and the Judge, unless there are extenuating circumstances, should be comfortable allowing the case to move forward without you personally being there.... Read More

Hello, Anonymous. You may have to file a petition seeking contribution to educational expenses. Oftentimes, the issue of educational expenses will be left to be determined in the future when the child is actually going to college or university. So the divorce agreement will simply leave the issue as reserved for the future, meaning that there will be some contribution from the parties, but the actual amount and the details of such contribution need to be determined in the future. However, if there has already been a decision and order from the Court on the specifics of who pays what and how, but the father has not followed through, then you can file a Rule to Show Cause to seek to enforce the existing Court order. The Rule will essentially be your way of alerting the Judge that he has not obeyed, so this way the Judge knows what's going on. The Judge can then issue any number of options to remedy the situation. I hope this helps.... Read More

Hello, Anonymous. Yes, unless there was a support order modifying the original one, the original order, and all the obligations and deadlines in it, remains a court order that you would be bound by.  If you have a significant change in circumstances, you can petition the court for a modification to your obligations. But without a modification, you remain bound by the original order.... Read More

Hello, Anonymous. The answer really should be in the Settlement Agreement if it was addressed at that time. If it was not specifically addressed, you will probably want to issue a petition seeking educational expenses so that it can now be addressed in detail. As a general rule, the books are the usually included. Other miscellaneous expenses like transportation and lunch, however, may or may not be included, depending on the Agreement that was reached. So for those expenses, I can't really say yes or no, only that it should be addressed in any Agreement that was reached. I hope this helps.... Read More

Hello, Anonymous. There's a lot going on here, so I'll try to break it down as best I can. First is the issue of the amount of child support. In Illinois, the proper amount of child support is calculated by taking a certain percentage of the non-custodial parent's net income. In this case, for one child, it would be 20% of your net income. I have no idea what you make as income, but there is the chance that it would result in you paying more than $200/month. Next is the issue of a seeking formal child support. Since there is no court-ordered child support, she essentially always has the option of filing papers to make it formal with the court and receive a court order for it. That would be for child support from now until the child is 18. She can do this regardless of the fact that you are already paying $200/month voluntarily. As for child support going back in time (retroactive), it all depends. Child support is usually calculated to start from the time a petition is filed with the courts. The Judge has the option of making the support retroactive to the time of the child's birth, but it is essentially up to the Judge. The Judge would look at the totality of the situation and make a decision based on that. So I can't really say whether or not you would be required to pay retroactive child support back to the time of the child's birth, other than that it is a possibility. The Judge would likely take into account the fact that you have been voluntarily paying all this time, but, again, it is up to the Judge. The issue of the medical card is outside my scope of practice, so I can't really give you much of an answer there. If you stop giving the $200/month, she can always take the issue to court, but it's up to her. You also have the option of filing an action with the court to seek formal parentage rights and visitation. You would, of course, end up make the child support issue formal as well, which could result in a larger monthly responsibility, but you would have formal rights to your child, and if you're concerned about the medical card and a potential deceit of the system, it may be something to consider. If that's something you would want to pursue, I would recommend contacting a lawyer in your area to discuss the issue further. I hope this helps.... Read More

Hello, Anonymous. This one is tricky, as the general rule is that non-minor support (the term for college expenses) is at the Court's discretion. Basically, this means that it's up to the Judge. Generally the Court wouldn't order reimbursement for costs incurred before the filing of a petition asking for it. Any contribution will mostly be for the for costs going forward. Once a parent petitions the court for contribution, the Court will consider all the financial factors available to the parties. The Court may consider the income of any new spouse; it can consider past financial contributions to the child's college; the child's ability to get financial aid through loans and scholarships, and many, many other factors as well.  I hope this helps.... Read More

If you have an ongoing order, that will allow you to skip some payments, as you have essentially prepaid.  If the order is to be ended because the child is emancipated, you will likely have to sue the mother to get the overpayment back.  Of course, there is no assurance that you will win or be able to actually collect if you do. ... Read More