QUESTION
Can he be ordered to pay retroactively even before I filed if he was not paying the 20%?
Asked on Jul 23rd, 2014 on Child Custody - Illinois
More details to this question:
I was divorced in 2002 and child support said that my ex had to pay $100 per week based on his net weekly income of $500. He has never provided me proof of income and started paying me $500 per month a few years ago. He threatened to sue for custody if I took him back to court. He pays me directly. I know that this is not 20% so I am taking him back to court for an increase.
1 ANSWER
He is not required to provide you with proof of his income unless there is an order that he do so. If there is not order that he do so, then you are not entitled to retroactive relief. If there is an order that he do so and he did not, then you can ask for relief retroactive to when he should have given you the information. If there is no order that he give you proof of his income, then it was your burden to seek relief from the court. If you did not do so, you are not entitled to retroactive relief.
Answered on Jul 24th, 2014 at 11:51 AM