QUESTION

I have a son I've been paying $200.00 monthly for 9yrs. This isn't a court ordered child support.

Asked on Jun 21st, 2015 on Child Support - Illinois
More details to this question:
I did a web based DNA that says the child is mine 99.9%. The mother receives public assistance from the state of Illinois. Recently my son came to stay with me for the summer. I noticed that he doesn't have my last name or the mothers. He do have another man's last name on his medical card. I'm assuming that she is telling that person he is the father of my son. Isn't true that in order for her to get public assistance she had to give this man's last name in order to receive the state owned medical assistance? Also can she do anything to me if I stop giving her the $200.00 a month that I have given faithfully for 9yrs. I mean can she take me to court for back child support or current support?
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1 ANSWER

Divorce Attorney serving Des Plaines, IL at Law Office of Sven M. Sommers
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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.
Answered on Jun 23rd, 2015 at 9:17 AM

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