Whether you might be paying child support or receiving it on behalf of your child, there are certain basics facts you need to know about child support in Illinois. I’ve put together this overview of the Illinois law on child support as reflected in Section 505 of the Illinois Marriage and Dissolution of Marriage Act (the “IMDMA”)(750 ILCS 5/505). 

Illinois’ statutory child support guidelines

In Illinois, the amount of child support a parent pays follows a statutory scheme. In Illinois, the “non-residential” parent pays child support to the “residential parent” (the parent who lives at the child’s official residence. Please be aware, whether or not the parents have joint or sole legal custody of the children has no bearing on child support.

Illinois’ child is paid as a percentage of net income:  

  • one child: 20% of net income
  • two: 28% of net income
  • three children: 32% of net income
  • four children: 40% of net income
  • five children: 45% of net income
  • six or more children: 50% of net income

Deviating from child support guidelines

In most cases, the court will simply apply the statutory percentage to the payor’s net income. However, the court may deviate from the guidelines per 750 ILCS 5/505(a)(2).

In deciding whether to deviate from the guidelines, the court considers the child’s “best interest” in light of relevant factors including, but not limited to, the following:

  1. the financial resources and needs of the child;
  2. the financial resources and needs of the custodial parent;
  3.  the standard of living the child would have enjoyed had the marriage not been dissolved;
  4. the physical and emotional condition of the child, and his educational needs; and
  5. the financial resources and needs of the non?custodial parent.

If the court does deviate from the statutory percentage guidelines, its order “shall state the amount of support that would have been required under the guidelines, if determinable. . . and the reason or reasons for the variance from the guidelines.”

Further, if a payor parent’s annual net income is more than several hundred thousand dollars, it is somewhat likely that there will be downward deviation in the percentage of net income paid as child support. However, the amount of deviation, if any, is the judge’s discretion; further, various Illinois counties tend to deviate at different levels of income.

For what is child support to be used?

Child support is for children’s various expenses, including food, clothing, housing, transportation, and activities. Please note, often the parent paying child support must contribute the the child’s medical care and daycare in addition to custodial parent is often required to contribute additional funds for daycare, extracurricular activities, private school expenses and medical expenses not covered by insurance.

While the purpose of child support is to support a child, there are no guarantees that the parent who receives the child support will actually spend 100% of the funds on the child. In other words, unless the parents agree themselves, the court will not order the child support payee (who receives the child support) to demonstrate, or account for, how the money is being spent. This can be a source of frustration for the payor, but an opportunity to demonstrate goodwill for the payee. While an accounting down to the penny may not be practical, if the child support payee were to give the payor a rough estimate of how the money is being spent, the effort might be appreciated and result in less acrimony. The parent receiving child support should place himself or herself in the place of  the parent obligated to pay the support; doing so might shed some light on how it might feel to be obligated to pay child support without having any control over how the money is spent.

Modifying child support – increase or decreasing child support payments

Child support is always modifiable. To modify child support, either the payor or payee may file a petition to modify support.

The following are possible reasons the court could modify support:

  • a change in the child’s needs
  • a change in the payor’s income
  • many other reasons

One common problem in the payment of child support is the payor who has lost a job or had a decrease in salary. For instance, suppose Joe Dad is paying $300 per month in child support. Then, he loses his job. He calls Jill Mom, and they agree that since he lost his job it’s fine if he only pays $150 in child support; but they don’t get a court order reflecting their agreed decrease in child support. So, for four months Joe Dad pays $150 per month in child support, then  Jill Mom has a change in heart and thinks Joe Dad should have been paying $300 per month all along. The court will  force Joe Dad to pay the $600 “arrearage” ($150 per month shortfall, for four months). The moral of the story is that if the payor of child support believes a decrease in support is in order, the obligation to pay support remains what it was until a court order says differently.

Tax implications of child support

Child support in itself is not tax deductible by the payor; it is included in the payor’s taxable income. Likewise, child support is not taxable as income to the payee.

However, if the child support payor is also paying spousal maintenance (aka alimony), the IRS has provided a way for the combined child support and alimony payment to be classified as “unallocated support” such that the payments are deductible by the payor and taxed as income to the payee. Depending upon the tax brackets of the parties involved, and the negotiation between the parties, the use of unallocated support  can result in greater savings for both parties.

Penalties for not paying child support

There can be severe penalties for not paying child support, or for paying less than was ordered. At the most extreme, there is jail. Other penalties include financial penalties, intercepting tax refunds, restrictions on business licenses, revoking drivers licenses and passports, and other penalties. Therefore, if you having problems paying you child support, you should resolve the situation as soon as possible.

Problems with the child support system

There are numerous problems with the child support system in Illinois. Some of them are:

  • The child support payor has no power to account for how the child support is being spent; this invites abuse. For example, so long as a child support payee is not neglecting a child, he or she could potentially spend a portion of the child support gambling, while the child support payee would be virtually powerless to prevent it.
  • Some child support payors can hide income, and child support payees have a heard time collecting the appropriate amount.
  • The child support payee might get remarried, and in doing so, drastically improve the lifestyle of the payee and the child for whom the payor is paying support. In such a situation, the quality of the life of the payee might be much higher than the quality of life for the payor; this is not ideal in terms of the child enjoying a similar lifestyles with both parents.

It is important to address child support issues as quickly as possible. Child support issues can become complicated because of the financial aspects to dealing with such cases.

Note to Readers: Notice I have many comments,and answer many questions. If you want to increase the chances that your question gets answered, click the Google +1 button under the headline of this article (it is a red “g +1” button). When you ask your question, mention that you used the +1 button.



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About the author: Contact Illinois family law attorney David Wolkowitz at 312-554-5433 or online. He is a family law and divorce attorney serving Chicago and the Counties of Cook, Champaign, DuPage, Kane, Kendall, Lake, McHenry, and Will. Areas of practice include divorce, uncontested divorce, child custody, visitation, spousal maintenance, child support, and the Uniform Child Custody Jurisdiction & Enforcement Act (the “UCCJEA”).

Comments on this entry are closed.

  • Adriana Aug 19, 2012 @ 17:39

    hello,

    I have a question, how much would i receive for child support for one child? The father of my son gives me only 50 dollars a week. Also will my TANF benefits be deducted? Hope you can help, thank you.

  • Mary Sep 5, 2012 @ 20:42

    I have a serious question. My husband and I were separated living in different homes. We got back together in October 2011. Now a woman that he was involved with had a baby in May of this year,She lives in Illnois and we live in Indiana. He doesn’t have any income because his business shut down. Can she get child support from me?

    • In Illinois, she could only collect support from him. However if he does not pay he could go to jail, and be punished otherwise. The judge could still order him to pay support. Therefore, you might find yourself in the position of paying support for him to keep him from being punished by the court.

      Chicago divorce attorney Dave Wolkowitz

  • Chad Sep 14, 2012 @ 20:35

    Mr. Wolkowitz, I have some huge dilemma going on.
    First off my ex gf and I split up 1 1/2 yrs ago. I was ordered to pay $180 per week. I fell behind and she took me back to court and they added $25 in arrears then tacked on $75 for daycare expenses. Now I’m paying $280 a week. I was about to lose my job from missing so much due to court dates. So i ended up quitting so i could possibly get my job back if i ever desired. Now I am working part time like 10 15hrs every two weeks. I can’t afford the 280 amount and my attorney said not to pay it if i couldnt afford it until we filed to reduce. I listened to his advise and ended up being put in jail. I ended up getting a loan to pay all my support up to date and get out of jail. Now it’s 30the days later and i still cant afford 280

    • If you cannot afford the support you are ordered to pay, then filing a Petition to Modify Child Support may be an option. However, child support is statutory in Illinois, and for one child a person is normally supposed to pay 20 percent of his or her net income. On one hand, your income seams lower, so perhaps your support could be lowered. On the other hand, the judge might feel that you caused your income to be lower by quitting, so therefore, you support should not be lowered. Whether or not your support is lowered depends greatly on the judge who hears your case.

      • Jen Mar 9, 2014 @ 8:06

        I have a question about how long someone can go to jail for not paying child support. Me and my fiancé have been paying what we could for his child support. But I am the only one that is working and we have 3 other children that I’m caring for.

  • jEMIMA Oct 2, 2012 @ 15:30

    ok SO TO MAKE THIS SHORT. mY EX WORKS UNDER THE TABLE(CASH) AND FOR A WHILE COLLECTED UNEMPLOYEMENT. HE KEEPS LOWERING THE AMOUNT TO BE PAID. HE IS SUPPOSED TO PAY FOR HALF THE DAYCARE AND MEDICAL AND DENTAL EYE COSTS ACCURED. WHEN WE WENT TO COURT HE REFUTED THE CHARGES AND WANT THE LOWER HIS AMOUNT EVEN MORE FROM THE 80 A WEEK AND SUPSPEND ALL PAYMENT TILL HE GETS A FULL TIME JOB. WHICH COULD BE NEVER! WHAT A M I TO DO. HIS PARENTS GOT HIM LAWYER AND I CANT AFFORD ALOT OUT SIDE OF WHAT I ALREADY HAVE.

  • Chris Oct 3, 2012 @ 8:05

    Mr. Wolkowitz, I am in the middle of divorce proceedings where the judge has ordered joint physical, legal, and residential custody and set out a parenting schedule that results in my having my three children 37% of the time. My wife and I have nearly identical incomes with a less than 3% difference. The judge in the case has recommended that I pay 63% of the normal child support amount. Unfortunately, even this reduced amount would cause me to be unable to make the mortgage payments on my home after daycare and educational expenses are included. With the similarity in incomes and the parenting time, is there any argument that can be made to further reduce the support payment as there is no financial need on my wife’s part?

    • From what you tell me the judge has already ordered regarding child support. When a judge issues an order, a party can file a motion to reconsider – and the judge might change his or her mind (but does not normally do so). Or, an decision can be appealed (but success would be unlikely there as well). Support can be adjusted if there is what is called a “change in circumstances” such as a reduction in income without fault of the payor. I couldn’t help you more without being retained and representing you. You can contact me, Chicago divorce lawyer David Wolkowitz, online through this form, or you may call Three-One-Two-554-5433.

  • Richard Oct 5, 2012 @ 14:08

    Mr. Wolkowitz, I have a 7 yr old daughter from a previous non-married relationship. Iv’e paid child support to her mother with out getting courts involved for the last 6 years 200 a month. She has always refused to be fair with visitations and holidays and transportation for pick up and drop offs. Two months ago we got into a dispute about transportation, she then called the cops and picked up my daughter she followed with an order of protection that was dropped because it was all fabricated by her and she missed court. Now I received a letter from the department of child support.I now have 2 boys from my current relationship. My questions is Will they consider that I’m the head of household and i have 2 other children who do live with me to determine what I will pay her? and will I need and attorney to get whats fair for me as far as visitations?

  • Jen Oct 21, 2012 @ 12:23

    My child support amount was settled thru our divorce 6 mths ago. I agreed to LESS than 28% of what my Ex husband makes, just so we could settle and move on with our lives. My ex is self-employed and owns an LLC. Am I able to request an increase (the real 28% of income stated on his tax returns)? Since it was settled 6 mths ago on these tax returns, I am not sure if I need to wait until next years taxes?

    • AS you know, the court can deviate from the statutory child support guidelines. When parties have agreed to a deviation from statutory guidelines, an order of child support may be modified if the payee (you, in this case) shows that there has been a “change in circumstances“. The change in circumstances must have occurred since the time of the previous order. However, if there was some type of deception involved when the deviation was agreed to, the court may be able to revisit the matter without a change in circumstances. A simple increase in the payor’s income does not mean there should be an increase in child support.

      A child support attorney in Illinois, such as myself, may be able to help you make the best argument you can. You can contact me, Chicago divorce lawyer David Wolkowitz, online through this form, or you may call Three-One-Two-554-5433.

  • Jen Oct 21, 2012 @ 16:01

    Thanks David. Do any of the following qualify for “change of circumstance” to increase child support in Illinois:
    1) I filed for bankruptcy since our agreed order
    2) I have added expenses of private health insurance for myself
    I believe I have settled on 15% for 2 children. And not sure if I am stuck with this now.

  • Keenan Oct 26, 2012 @ 14:48

    I was wondering what does child support cover? I am currently paying 80.00 a week. The mother of my child calls me and giving me orders to get insurance for our son who she lied to me about for three years until the state ordered her to find the father of her child or they would take her benefits. Do I have to pay for insurance or does my child support help with that. I feel like she is having her cake and eating it.

    • Keenan:

      A payor of child support in Illinois, such as yourself, only needs to pay what was ordered. Since I have not seen all your orders, I cannot say what you have to pay. However, as a general rule, a person who pays child support must also pay half of the health insurance premium and other out-of-pocket healthcare costs.

      Your instincts may be right – she may be trying to scam you. She may be trying to make you pay something for insurance and simply pocketing the money. That’s why you just pay what is ordered.

      You can contact me, Chicago divorce lawyer David Wolkowitz, online through this form, or you may call Three-One-Two-554-5433.

  • John Nov 3, 2012 @ 12:08

    I have a Illinois, Lake County Modified Uniform Order for Support that expired / terminated on 7/6/12 when my daughter turned age 18. This order was entered 6/17/11. Even though Illinois law allows until age 19 if still in high school, it was uncertain she would complete high school due to poor attendance/grades and the termination date was entered as 7/6/12 which was when she was to turn 18. This order expired and almost 3 months later her mother files a petition to start support again seeking retroactive support of more than $3,000 back to 7/6/12 (my daughter’s 18th birthday) stating my daughter is still in school. Can the support be retroactive or only starting from the date of new petition with the court per 750 ILCS 5/510 ?
    Regards,
    John W.

    • John,

      I clearly haven’t read your uniform support order, or anything else, so I cannot provide you legal advice. However, I can tell you that a child support payor, such as yourself, will essentially always have to pay support until a child graduates high school. Further, there is a chance that if retroactive support is due, one can negotiate a payment plan. However, not having been retained by you, I do not have enough detail to determine exactly what you should do.

      A child support attorney in Chicago, Illinois, such as myself, may be able to help you handle the issue you are currently facing. You can contact me, Chicago divorce lawyer David Wolkowitz, online through this form, or you may call Three-One-Two-554-5433.

      Regards,
      Chicago child support attorney David Wolkowitz

  • Jesse Nov 8, 2012 @ 19:34

    Mr. Wolkowitz, Last year I was “duped” by a woman who I then found out later had a history of attempting to entrap other men in a similar situation. She claimed she could not get pregnant intially and when she notified me she was pregnant she promised me that she would raise the child on her own and not expect financial support from me. One month after the child was born I was served with the order to pay child support. In your humble opinion is there the chance of the judge deviating from the standard child support guidelines if it is proven that she was deceptive in entrapping and now abusing the system by providing witnesses to testify on my behalf of her character and past?

    • As an Chicago child support lawyer, I know your situation seems unfair. Unfortunately, there is almost nothing you can do about it.

      The woman who lied to you is scum, that’s all there is to it. What she did is wrong to you, and more importantly, the child who she produced as part of a con. However, for the benefit of the child, you should try to be the best dad you can be.

      One thing I found interesting is that you say you were served with an order to pay child support. Child support should be calculated according to a formula, via information you provide. You should have a chance to respond to her request for support, and you also are due a hearing.

      So while there is no real chance of reducing your support because of the mom’s unethical revenue-generating activities, you may be able to reduce it via another method. You might want to see my article “Illinois child support: the basics.”

      You can contact me at Three-One-Two-554-5433. Or, contact me via my online contact form.

  • Lorelei Nov 18, 2012 @ 15:54

    My husband is currently paying child support for his son, who is with us every other weekend and alternating holidays. Starting in March his mother is going to be a flight attendant and he will live with us for a lot more time, which we are very excited about. Due to the circumstance would he be eligible for a modification in the amount he pays in child support? We will be responsible for getting him to/from school which is about 30 minutes away from us and also our expenses will go up due to him spending a lot more time with us.

    • Sounds like he would have a decent chance of being granted a reduction of child support. However, I cannot say for sure because 1) I don’t know all the facts, and 2) judges have a lot of discretion. Judge can take all kinds of factors into consideration. For example, even if your husband will have the child much more, if the your husband makes $1 million a year, and the mom makes $40 thousand, it’s not too likely that he will be granted a deduction.

      You can contact me at Three-One-Two-554-5433. Or, contact me via my online contact form.

      • Kelley Nov 30, 2012 @ 20:41

        I am wondering in my case of the court awarding me the sole custodial parent of all 4 kids if I can modify the support order to where the non-custodial parent is deemed by the court to pay half of kids activities such as dancing, piano lessons, Boy Scouts, camp, school activities and sports. I get $500 bi-wkly. court went out of the guidelines back in 2007 and awarded me $750 bi-wkly. He fell on his pay or appear in arreareges of around $9,000. The judge was having him continue to pay then got tired of it and retroacted about 1.5 to a lesser amount to where he only was liable to a around $3,000 . Meanwhile, I was working a full time and two part time jobs . I have been pro we for 8 years now, while I bust my butt with our children doing all I can while he has a lawyer here and there. It was made to $500 bi-wkly since he was ordered to obtain a job and his his income working for himself. With his new employment he was able to obtain health ins. Which wallows my half and his half deducted from support. He since went on unemployment for two years and $17,500 is the current total that was still being subtracted after the health ins. Was no longer active. I found out in court Monday he is tryin to get support substantially lowered to 40% instead of the guidelines we went by since 2007. I have always worked since we separated but with inflation and activities, I’m barely doing it. Does sole custody keep other parent being liable for said activities as his lawyer advised me of.

  • Amarie Mason Nov 30, 2012 @ 21:58

    Had a baby with a man whom I dated for 6 years. When we split up, I became pregnant. I just learned 2 weeks ago another lady did as well and she has been receiving child support for her child for a year now. I plan to pursue child support payments as well as he has been delayed in minimal support to my child due to his current order along with personal expenses. In Illinois, at 28% total net. How does the percentage get divided?

    • I think you are saying that you know that a child support payor pays 28% of net income for two kids – but that is when it is two kids by the same woman. Here, he has two kids (that you know of) by two different women.

      One child is entitled to 20% of the payor’s net income for child support. The definition of “net income” is important. At it’s most basic, it is the payor’s take-home pay, minus certain other expenses, including prior obligation of child support. In a case such as yours, the child associated with the first child support case would receive 20% of the payor’s net income as support, then the second child (your’s) would receive approximately 20% of the payor’s net income (after his first obligation of support is subtracted).

      Instead of wondering about what support might be, you could get started with actually getting support.

      You can contact me at Three-One-Two-554-5433. Or, contact me via my online contact form.

  • Cathy Dec 6, 2012 @ 15:39

    I have custody of my sister-in-laws kids ages 2 and 3. I make decent money; however, can not afford day care. Do I qualify for any kind of help? This is not a DCFS case?

    Thank you

  • Lynn Dec 6, 2012 @ 22:30

    Hello,
    I have a question regarding state guidelines. I am currently a resident of Indiana with my daughter but I would like to file support on her father by way Illinois. I have resided in Illinois all my life and under circumstances now reside in indiana temporarily. My daughter was born in illinois and her father resides in illinois as well. Is there any law stating Im required to file in the state I currently reside or must I wait to move back.
    Thank you for you’re input

  • lynn Dec 10, 2012 @ 12:30

    I was wondering if child support has to be included in the the divorce settlement? Can the parties involved setup child support arrangements on their own without a set amount being stated in the divorce agreement?

    • The issue of child support in Illinois can be “reserved,” meaning support need not be specified in a marital settlement agreement (“MSA”). However, the judge does not need to approve of every MSA. Further, if support is being pad outside of court, the the payor stops, it will not be possible to enforce the promise to pay since it was not included in a court order. Long story short, people can make deals to pay support outside of court, but there are risks.

      If you would like a child support and visitation consultation, you’d have to retain me as your attorney.

      Contact me at Three-One-Two-554-5433. Or, contact me via my online contact form.

  • Jessica Dec 12, 2012 @ 16:16

    My husband had full custody of his 2 kids where at the time she was unfit to have them. She remarried and he gave her joint custody and wanted to be fair with her also he thought that she got her life together and what not. She is now going through another divorce and now has 4 kids all together and she can not support all 4 kids and she does not live with the kids or the second husband. To make a long story short she can not care for the kids so she is sending the 2 older kids to her parents. Her parents do not want my husband to see his kids and they control when and when not to see the kids. What can he do?

    • In Illinois, “change in circumstances” is required to modify a custody or visitation order. It sounds like there has possibly been a change in circumstances in the children’s lives. Therefore, you husband may be able to file a motion to modify custody and visitation.

      If your husband would like a consultation, you’d have to retain me as your attorney.

      Contact me at Three-One-Two-554-5433. Or, contact me via my online contact form.

  • Joel Dec 19, 2012 @ 0:36

    I pay child support on 4 children 2 with one mom and 2 with other mom 1 set get 28% then 2nd set get 28% of what’s left from the first set. I’m left with about $780 a month to live on – not much in this day and age . The oldest of the first 2 is going to be 18 and graduating high school. Also I do pay an arrearage for first 2 kids because I got behind from losing a gob do to injury at work. So is it possible to get that child support dropped for the 18 year old?

    • One can file a petition to modify child support in order to have child support reduced, or stopped. Child support can be stopped when a child turns 18 or graduates high school, whichever comes later.

  • Osvaldo Dec 20, 2012 @ 15:16

    I’m giving $250 per month for child support to my ex, is the amount good enough? He is almost 5 years old.

  • Chris Dec 30, 2012 @ 11:15

    My ex and I live 2 miles apart. She has full custody of our 16 yr old son who spends any amount of time with me that he wants. His older brother and sister (21 & 20) live with and are supported by me. I pay child support to what the law allows plus insurance ($680.00 / 124.00). On top of the Support, I also pay for his private education which he’s been in his entire life…his mom was going to send him to a public school. Now with all of the monies I pay out for my son, my ex essentially has the same monthly income as I do. In the divorce papers she is responsible for 50% of the two older kids college life to which she’s paid what amounts to zero….and offers no other financial support to them. So add that to my 16yr olds payments, I have next to nothing in money every month. Would the court consider a reduction in Child Support to help a father who is fully involved with his son on a daily basis even though he lives with his mother. It was suppose to be a freindly, consensual divorce but once she realized her rights, she used the law to her full advantage.

    • I’m getting the impression you think your ex is greedy. In fact, she may have one of the worse traits in human nature – greed to take all that is possible despite it being the morally bankrupt thing to do.

      Unfortunately, I cannot possibly accurately gauge your ability to modify support without reviewing all the documents. And for that, you’d have to have a consultation and perhaps retain me for representation.

      Contact me at Three-One-Two-554-5433. Or, contact me via my online contact form.

  • omar saurez Dec 30, 2012 @ 19:04

    i got a letter from family court stating that i need to $300 a week for child support. Apparently they said i never showed up to a hearing and they set it up by default. After reading through the documents, its says the mother provided info from my work history or something of that sort. It says that i make $1500 a week net pay. Im not sure what kind of documentation was provided, but I make nowhere near that amount per week. I dont’ even make that amount of money per week with my gross pay. The payment is suppose to start Jan 25th 2013. How fast could they get me in to modify this new support order??

    • If your child’d mother is lying to get more support from you, she is swine – but it wouldn’t be the first time.

      You are rightfully concerned that the child support you are ordered to pay is too high. When one files a motion to modify child support, the hearing on the matter might not be until weeks later. However, the court can order the support be modified retroactive to the date of the filing of the petition. Therefore, it can benefit a person to file a motion to modify child support as soon as possible.

      If you want me to help you with this, you’d have to retain me as your attorney.

      Contact me at Three-One-Two-554-5433. Or, contact me via my online contact form.

  • Linda Dec 30, 2012 @ 22:09

    Hi!
    I was thrilled when HFS finally suspended my ex’s drivers license after owing $10,000 in child support. A payment arrangement was made (via the phone by my ex and HFS) and ultimately the DL wasn’t suspended. I received one payment of $210 and one payment of $150 (ordered amount is $97/wk). Now 2 weeks later I have received nothing and he is still driving. I called HFS and they said the payment plan was CONFIDENTIAL!! huh??
    I’m confused. Dont I have a right to know the payment plan?? Did he only have to make 2 payments to avoid suspension!!

    • What HFS does about back child support is one thing, and what the court does is another. In some situations like yours, I have filed a petition asking the court to hold a someone who owes back support in contempt of court. The court can enforce a different payment plan.

      The purpose of this site is to provide information, not instruction or advice. I can only provide advice to people who retain me to represent them.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • April Jan 8, 2013 @ 18:00

    My husband pays $660 a month to his ex in child support for their 7 year old daughter. In their divorce agreement, he agreed to pay half of daycare expenses because his ex was in school at the time. Now that she is out of school and has a much higher paying job, he has set a court date to modify the agreement so he will no loner be paying half in daycare expenses. She has retained a lawyer and intends to fight it. What can he do? Is it a law in Illinois that the payor also has to pay for daycare expenses in addition to child support?

  • Jeremy Jan 10, 2013 @ 15:47

    My child turns 18 this year. How do I put in a motion to dismiss the support. Is this done automatically in the system or do I have to submit something to a website or do I have to get a lawyer to put in this motion to dismiss? When does one put in this dismissal motion before or after the 18th birthday?

    • If you pay through the State Disbursement Unit (SDU), then your support order might state an ending date. In that case, the support could end automatically. If it does not, a motion can be filed to stop support. If you do not pay through SDU, then the support could continue until you file a motion to stop it.

      You should also be aware that support should continue until the child turns 18 or graduates high school – whichever is LATER.

      I’d have to review your order to advise you of the best approach.

      The purpose of this site is to provide information, not instruction or advice. I can only provide advice to people who retain me to represent them.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Deb Jan 13, 2013 @ 17:13

    Here’s a mess.My husband was divorced in 1993.He was ordered to pay $81.00 a week in child support. He worked and it was withheld from his paycheck until 1998.He started receiving SSDI in 1998.When he applied in 1997 he told SSA he had 1 minor child not living with him…2 living with him. He informed child support and his ex.He never was told he was in arrears. The child is now 24.His ex claims she did not file for the SSDI for the child until 2002. SSDI paid $28.000.00 more than the order but now she says he owes her $14,489.00 and wants him to be in contempt or pay her.

  • Noelle Jan 15, 2013 @ 14:31

    I have a strange case. My ex & I lived together for 4 years. We have two children together. He’s never paid child support. While living together we co-signed for each others cars. His was repossesed shortly after but I kept mine. But I did accumulate parking tickets. I tried keeping up with them but couldn’t afford to on my own. He’s never helped me financially wiht the children. He has now sued me for the tickets which are being garnished from my wages. I’ve been waiting since June for the state to just give me a court date & when our court date came, he didn’t show up. Resulting in the judge continuing our case until May 2013. Meanwhile, he sucks nearly $600 a month from his childrens mouths for parking tickets. What’s really funny is that, he’s not working & I’m sure I’ll only get a fraction of what I’m paying him while his children suffer. Due to this, I’ve been strugging with the bills & now we are being evictived from our home because I can’t afford rent & paying him without any help with my kids. Is there anything I can do to to keep my children off of the streets?

  • Ashley Jan 22, 2013 @ 10:22

    My sons dad pays me 100 dollars a week. I recently started a new job and my son now has to go to daycare. I asked my sons dad to help with daycare costs and he refuses, even though he works full-time as well. I have been going through the state to do everything. He is telling me if he has to pay more than 100 dollars a week he will get to claim my son on his taxes every year. I dont think this is right, he hardly ever has him. Four nights a month. Is this correct?

    • Ashley,

      Your husband is wrong. One who is the residential parent has the right to claim a child as a dependent – absent court order to the contrary. Child support follows statutory guidelines for the most part, with some exceptions. Further, childcare costs are often paid in addition to child support, not as part of it. In any case, you will likely keep all tax deductions associated with your child.

      You can contact me at Three-One-Two-554-5433. Or, contact me via my online contact form.

      Regards,
      David Wolkowitz

  • Amanda Jan 25, 2013 @ 12:03

    I have a question. My husband is paying $750 a month in child support for one child. This order was given in Missouri. He is in the Military.His ex wife now lives in Illinois and is now working full time as a nurse and makes a good living. I know because I am a nurse also, and they are not hurting for money. She has no other children and is getting remarried. The first child support payment was based on her working part time for $8.00 a hour. This obviously is not the case anymore. He is also responsible for all healthcare insurance, dental insurance, and travel expenses to and from where we are living now. He has two biological children with me and two step children with me. How can we get his child support decreased in Il? Do we have to go through MO because the original order was placed there or do we have to go through IL since she now lives there? Thanks!

  • Georgann Jan 25, 2013 @ 15:35

    My ex was incarcerated back in October for domestic battery. He has not paid child support since then. I just received in the mail a notice of motion that he wants to lower his child support payments. Can he do this? He is incarcerated but on work release and is scheduled to be released in the end of February. Can I file a response to his motion or do I need to show up in person on the court date?

    • Yes, he can file a motion to lower his Illinois child support payments – he already has. The question is whether he will be successful in lowering his child support payments. And he might be – child support is normally set according to statutory guidelines. If his income is lower than before, then the judge might order that his support is lowered.

      However, it sounds like he owes you some back support.

      When one party files a motion, the other party always has a chance to respond by filing a response. But filing a response does not mean you are freed from going to court. If a person does not show up on a court date the judge could impose various consequences on the party who was not present.

      You can contact me at Three-One-Two-554-5433. Or, contact me via my online contact form.

      Regards,
      David Wolkowitz

  • Liz Jan 30, 2013 @ 21:29

    Hello~ I have the state working on getting child support for my children by my ex.. Now my ex is claiming that he is going to file modification for back support. Can this be done?

  • Mike Jan 31, 2013 @ 11:34

    I recently began paying child support for my son, to a woman to whom I was never married to, but we lived together for 3 years. I have always provided for my son as his father in everyway even before the support order. There has been joint physical / legal custody agreement between myself and his mom for the last 4+ years. My question is… since custody has not been established by the courts, does the fact that I now pay child support automatically give her sole custody of our son?

  • Yaya Jan 31, 2013 @ 14:46

    Who gets more child support the one who files first or the first born? One dad 2 kids 2 moms.

    • You didn’t tell me who is paying the support, the mom or the dad.

      I’ll assume the dad is paying support to the two moms.

      The mom who files first will get a certain percentage of the dad’s net income. The mom who files second will get a percentage of the dad’s net income, which which include a deduction for the amount he is paying the mom who filed first. Therefore, the mom who filed first would generally get more support.

      For a very simplified example that is much more simple than the true formula:

      Dad’s take home pay: $200 monthly
      Child support to Child 1 of mom who filed first: $40 monthly (20% of $200)
      Child support to Child 2 of mom who filed second: $32 monthly (20% of $160)

      Child 2 may have in fact been born first, but because Child 1’s mom filed for child support after Child 2’s mom, Child 1 gets 25% more support than Child 2.

      Does that seem fair? No. Is the child support system fair? No. It is even rational? Hardly. But that’s the law (with exceptions and more detail, of course).

      You can contact me at Three-One-Two-554-5433. Or, contact me via my online contact form.

      Regards,
      David Wolkowitz

  • DD Jan 31, 2013 @ 15:11

    Is it typical for a mofidication reveiw to take almost a year? I requested a modification review in March of 2012. The child support that my ex-husband was paying was based on part-time employment. Has been working full time for a year and a half now. I turned in the required paperwork for the review, he did not. Every time I call for an update (the toll free call center) I am told that there is no update, that the case is still being reviewed. Originally I was told it could take up to 60 days, then I was told up to 6 months. Now finally in October i was told there is no time frame. I am honestly not sure how to get this resolved. Is it normal for this to be so difficult? What are my options to get this resolved?

  • vicki Feb 3, 2013 @ 22:21

    I am getting child support for my twin 6 year olds. Their father has been married to another woman for 25 years. She does not work and they are know getting a divorce. I am quite sure she is going to file for maintenance. How does that work because he can not afford both plus he has several health issues and is sick all the time. I have a full time job and she is very able to work she is just lazy and wants a free ride. He told me they were seperated when we met, that they just lived together because he could not afford to leave. What will happen? Could I lose my child support or does the kids come before the adult.

  • Jamie Feb 4, 2013 @ 19:59

    can child support be levied for any reason? My ex husband was suspended from work for a year and a half. He hired an atty in order to fight to get his job back and back pay from being wrongfully suspended. He was successful and did get reinstated and back pay. He is supposed to pay 28% of his income to the children.The judge wants to use part of the childrens 28% (child support) to help pay for his atty fees. She said the children wouldn’t have the back pay unless he paid an atty to get it.Why should the children pay his bills?

  • Tom L. Feb 13, 2013 @ 20:06

    In Illinois, can a court order you to pay maintenance even if your Affidavit 11.02, shows there is no money left to pay out -0- or your at a negitive balance….. If yes, where do they expect you to get it from? Thanks! David.

    Tom
    Waukegan, IL.

    • Tom,

      You refer to maintenance, so it seems yo you are referring to spousal maintenance, not child support.

      The judge has wide discretion to to order maintenance. If the judge thinks you should pay something, you have to come up with the money. I don’t know where judges expect people to get money from in every case. Sometimes, they might expense someone to work more, spend less money, sell their stash of gold bars – it could be anything.

      One might focus on trying to avoid spousal maintenance (formerly “alimony”), or minimizing payments.

      The purpose of this site is to provide information, not instruction or advice. I can only provide advice to people who retain me to represent them.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Erica Feb 17, 2013 @ 18:47

    Is it legal for a judge in Illinois to order one pay 50% of his unemployment for child support? I was a single mother fought in court for child support, understand what is reasonable and what is just unreasonable. I have watched my brother in-law get dragged through a court system in a small town where his ex was raised and have seen the most shadiest of shady things happen over the last five years. He can no longer hire another attorney because he is out of money, his retainer he puts down covers 3 hrs. of bickering in one court case and he is done. His last attorney had all the records to prove a case of out of control spending on extra-curricular activities never capped and never approved by him but yet because no representation this woman will not stop. They know they have him, her husband is a police officer and I see no way out. They do not let him speak nor state his case. She keeps the kids from him and not sure at this point after 5 years what he can much do, he is at a loss. He pays support, he carries insurance but she just will not stop. Is he entitled to any releif? He is beyond beside himself. Just because we all know life is not fair we tell him to deal with it , we all get screwed as I have but this is just ridiculous. Any ideas or websites you can refer us to. Your help would be greatly appreciated.

  • melly Feb 19, 2013 @ 10:45

    I’m a bit confuse about my situstion,I have a baby and at the time of her birth i was married so now she currently has my husbands last name but i want her biological father to pay child support can i still file or do i need to change her last name/birth certificate?

  • Joan Feb 21, 2013 @ 15:36

    Hello,
    My husbands lawyer told him yesterday 2/20 that he had until 2/22 to file a response for a petition to modify child support. The lawyer had this petition every since 1/25 but never notified him that he would need to respond. My husband has decided to ask the attorney to withdraw and file the response himself but doesn’t know how to do this. What would he need to do to file a response? My husband pays more than 20% in child support, the ex wife is only doing this because my husband took her to court for violation of visitation twice which doesn’t matter because she still has not let him see his son.

    Thank you

  • Brennan Feb 25, 2013 @ 20:36

    I have a case where I have a Notice Of Default Order set on my case for $407.00 monthly. I can hardly pay for this monthly payment since I’ve switched employment. I was also not consulted about the payment issue since the hearing dates were held when I was away at Fort Jackson, SC. How do I get this type of order reviewed and modified?

    • Brennan,

      When you say you were away at Ft. Jackson, perhaps that means you were in the military. If you ex did not provide you proper notice, then the order she received can potentially be reversed. Further, if you make less money now, your support could be adjusted as a result.

      I can’t possibly explain how you would do that on your own.

      The purpose of this site is to provide information, not instruction or advice. I can only provide advice to people who retain me to represent them.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Jill Feb 26, 2013 @ 20:50

    I have a question. I have sole custody of my two kids. my ex does not work and lives off his wifes 6 figure salary. in illinois, can child support be computed from her income? they have no other children at all, together or apart.

  • Jill Feb 27, 2013 @ 0:03

    I keep hearing different answers to my question…My ex has an order to pay $313 per month for my two children since our divorce, During the last five years, he has held three jobs, and has been unemployed for at least one full year and another stint of about nine months. He moved out of state for the first two years and lived off of his second wife. After his return to my area, he failed to pay child support for several months, and is still $950 in arrears, before interest, for that time. He has just lost another job, and has moved to Boston to live with his girlfriend. She pays 100% of the living expenses, in fact, my ex mother in law has told me that she is paying his child support as well. She does not like children, and he has recently approached me, asking if my fiancee would adopt them ( they are aged 11 & 12, and saw him fairly often in the last few years). Of course, I denied this request, but it made me curious, for the reason he gave is that she wants to marry him, but makes $80,000-100,000 yearly salary and does not want her income to count for child support. My question is this- in Illinois, if my ex is not working, and has no plans to do so for several years, can i take them to court and use their household income to modify child support? It doesn’t seem right that my fiancee pays $900 for his one child (on a $3500 per month salary), and my ex pays about $150 for each child. They are buying Harleys and vacationing in the Hamptons, while we get foodstamps. Would it make a difference if they were married? There are no other children between them. I am not greedy, but he spent about 8 hours a month with them, in between moves. I am close to his parents, and let the kids visit them whenever they can. He states that he does not want them, he wasn’t meant to have kids, he needs to be free to live his life…now I want to make him financially support them as much as possible.

  • Jera Feb 28, 2013 @ 11:36

    I am baffled at the case that my boyfriend, who lives with me is going through. My question, although I have many, is how, or when is it deemed fit, to consider my income regarding his child support. Just because we live together? He has not contributed to 1 household bill in over a year unless it was borrowed money. He was paying 33%no of his income, which the jidge just lowered to 29%, in light of the fact that his household includes my income. The childs mother has worked lessened than 3 months in 4 years. Please, any info would be appreciated.

    • A judge can impute income to a child support payor whom the judge does not feel is trying to earn sufficient income. A case cannot be planned out online, a party has to file motions and make arguments. Online I cannot provide the arguments your boyfriend may use to succeed.

      The purpose of this site is to provide information, not instruction or advice. I can only provide advice to people who retain me to represent them.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Joel Mar 4, 2013 @ 13:57

    I have a child that will be 18 at end of the month she has graduated from Highschool early and is going to a local collage she lives with her mother the mother is angry at me becaus I want to stop her child Suportt and she wants me to continue paying wile she is in collage I only have 150 a week left after multiple Suportt orders for other children thay take 56% altogether would a Judge really make me continue paying or contribute to her collage exspencis also she would be abalone to get financial aid do to my and moms low income .

  • Dan Mar 4, 2013 @ 20:24

    Hello Mr. Wolkowitz. When calculating my net income for child support each year, what documents am I required (if any) to provide to my ex spouse to support my calculation. Reading the Illinois Child Support statute I don’t see any requirement to provide my ex spouse with my tax return or any any other tax documents. Last year I did supply her with my return and the supporting tax docs that were used in doing the return. I think this a bit excessive and have not read anywhere that it’s required. Can you shed some light on this please? Thank you kindly.

    • You are required to provide the documents ordered by the court. If you make certain claims, the other party can force you to prove them. Keep that in mind when you attempt to support your honest calculation.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

      • Dan Mar 4, 2013 @ 20:47

        Thanks for this. The court only stipulated in the MSA that I pay her 20% of my net income. There was no statement about providing documentation in the agreement. However, to establish good will I do send my tax return to my former spouse. I would think that is sufficient documentation as I have it prepared and filed by a CPA.

  • Brian Sanders Mar 8, 2013 @ 9:56

    Good Morning Mr. Wolkwitz,
    I currently owe 32,000.00 in child support. I entered in to a payment plan in which they wanted me to pay $500 a month, when I havent had a job in years. I also entered a modification to changed that because there was no way i could pay that amount. Now my license is suspended for default and Child support will not let me enter into another payment plan to get my license back, with a more reasonable payment, they want me to pay the entire balance before I can get my license reinstated. I need my license for work, what should I do?

  • ruby Mar 8, 2013 @ 19:36

    My sons father says he can’t come see his son because he is working all the time. I did file for child support and sent a remodification letter but I haven’t gotten a reply. Its been three years he is backed on child support. I want to know what I can do to get child support if its true that he is working.

  • Lisa Mar 12, 2013 @ 15:21

    After a little over 14 yrs. of searching for my daughter’s father, I finally got support (April 2012). In July 2012 she went to Georgia to visit him for the summer. It ended up being an “extended” visit and I transferred her schools. We were going to revisit everything in December 2012, but in August they came and moved her belongings and he brought papers he claimed he need me to sign to file with the court for her school. Little did I know that the visit was becoming a permanent thing. He got the child support payments stopped which I am in agreement with, but there is still the matter of the back child support. It is only 1 yr. and not very much. He wanted me to contact the states attorney and stop it. I didn’t and have recently received a letter stating he has filed an appeal for the back child support. I have been searching for information on this and can’t find anything. What are the chances he can get the back payments dropped?

  • Alesha Mar 13, 2013 @ 0:08

    I have a question about having a child support order changed. When my child support was ordered, I was not working. Now I need to obtain employment and cannot cover the cost of rent, utilities, necessities for my two year old son, etc and cannot afford childcare even with the original amount of the support order. Can child care be added so that the non-custodial parent is required to pay?

  • Maddison Mar 14, 2013 @ 7:30

    My husband has two children and one is going to move in with us soon. Will he still have to pay childsupport if one still lives with his ex?

  • Jeff Mar 15, 2013 @ 11:09

    I currently have 3 children I am still paying child support for. However one of the children has moved in with me. I am going to change the custody agreement in court. However I don’t know how the child support should be modified. I currently pay 32% which will drop to 28%. However will I be able to recieve 25% from the child’s Mother for support of the child that is living with me? Or is it just 28% and that’s it?

    • I can help someone terminate support by filing a motion to terminate support. I can help someone obtain child support by filing a motion for child support. A parent who has residential custody of a child can ask for support from the other parent, regardless of that other parent having residential custody of other children.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Trish Mar 15, 2013 @ 11:44

    How often can child support be modified by the father? I’ve heard the “significant change” answer but I’m very unclear what that means. Can it be modified(lowered) after one pay cycle, 1 month, 6 months, etc?? My husband had his child support increased due to overtime, but now he’s not working nearly as much OT and his income has lowered each pay.
    Thank you!

  • Danielle Mar 18, 2013 @ 10:41

    Currently my ex owes me $19,000 in back child support..he has never had his license suspended been arrested or anything. He also has 2 other kids 1 with his current wife and one with his other ex…pig right?…My question is since he is currently on unemployment he will still have to file taxes and if he does it with his wife will i still recieve what ever they would get as a refund or would i not et it since her name would be on it too…plus if he owed the other ex back child support..which im sure he does..would that be split between us both??

    Thank you!

    • I can’t answer any of your questions because I don’t have enough facts. I’d have to view your court order, and more. You need an in-depth consultation. You can try to file a motion with the court if you think there is a problem with the support you are receiving, or you can hire an attorney.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Bobbie Mar 20, 2013 @ 13:06

    My question is, my fiancee is in the army and he was not made aware that there was an alteration being done on his child support amount. So now it went up $200 from what it was before. He didn’t submit his pay information because he didn’t know that there was a hearing and he is not able to even go home. We do have a joint bank account, would they have included my income when figuring out the amount of child support to be paid? Or is he really paying 36% before anything is taken out for one child?

    • The amount of child support one pays is based on his/her own net income. It does not matter if the child support payor puts income in a joint account.

      I cannot answer your question in regards to the 35% because I have not seen the child support order. However, I can tell you that for three children, the statutory percentage for child support in Illinois is 32% (not 36%).

      For a greater understanding of the child support calculation, see the online child support calculator I created.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Natalie Mar 25, 2013 @ 5:30

    I have been divorced since June 21, 2011. My ex only paid child support for 3 weeks. Since then, he has not paid child support nor told me where he lives. We have joint custody and he only saw kids when he came to Chicago last spring. I had no knowledge where he was living when he lived in Florida and only learned from kids that he is now living in Belgrade, Serbia. He will not return to Chicago because I am attempting to serve him to go back to court. I would like to amend the divorce and believe I can’t without him. What should I do?

    • Natalie,

      There are rules for serving someone outside of the country, and for serving someone that cannot be located. If those rules are complied with, one can obtain new orders in court. For example, custody and visitation could be modified, and action could be taken in regards to child support.

      I do not give advice via this forum, and could do so adequately even if I wanted to. It sounds like you need to retain an attorney to represent you in domestic relations court in Chicago.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Candy Mar 27, 2013 @ 19:51

    If the custodial parent makes $110,000/year and the non custodial parent makes$50,000/year does this income difference alone justify deviating from the statutory 28% for 2 kids? If so would the court consider the step parents’ incomes in determining whether to deviate or not?

  • Jennifer Mar 28, 2013 @ 10:02

    My husband owes some back child support. In September we got full custody of his son and his ex was denied visitation. She doesn’t work, so is there anyway she would owe him child support? or in her case maybe offset some of his arrears due to her not paying child support?

  • Rick Mar 30, 2013 @ 19:33

    In Illinois 9% is tacked on to child support arrearages. Who gets that money?

    • In Illinois, 9% is the statutory interest rate applied to monies due via judgement, such as child support. The 9% interest would be payable to whomever you owe the child support. If that’s to your ex, she’s getting a return she probably won’t get anywhere else. Illinois has terrible child support laws, and this is an example of that. It makes no sense for someone to get an interest rate on back child support that is about 10 times what one receives on a savings account in a bank. Write to your state representative if you don’t like this law.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Jake Apr 1, 2013 @ 9:16

    The court just ordered to pay child support for my 3 kids with my ex-spouse. I am having another kid with my girlfriend. Just in case something goes wrong, I want to know how child support would be divided among multiple mothers. Thanks

    • First, the ex-spouse will get what was ordered by the court – a certain percentage of your net income. If you end up paying child support for the child with your now-girlfriend, the court will likely order you to pay the statutory percentage of the “net income” you have left over after paying support to the first mom. I address the issue of paying support to two different parents elsewhere in these comments.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Lidia Apr 5, 2013 @ 20:43

    Mr. Wolkowitz

    I have a couple of questions, I filed for child support with illinois child support, i used to receive $212 every week for 2 children.My ex got fired from his job for being late all the time…he filed for a midification so now i get $0 and its been like that for the past 2 years. I’ve been thinking of taking him to court but i dont have money to waste, would i be able to get anything for those 2 years he was unemployed, he recently started working and im filing a midification. during the past 2 yrs it was very hard for me financially i had to reduce my hours to go back to school and i never received any type of help from his. What do you suggest i should do?

  • Patty Apr 9, 2013 @ 10:04

    Hello,

    I have a 2 year old and have not received any child support from his father. The father insists that if I take him to court the judge will not be able to prove any income. He is wealthy and his attorney always helps him to hide all of his income. He has one previous child and I know that he is not paying child support for him either. Will the judge order him to pay child support without any proof of income? I’m desperate and barely keeping up with my bills.

    Thank you for your time.

    • A judge can impute income to a person, and that might be done to the father in your case. There is discovery – evidence gathering – that can be done to uncover his income and net worth. What the father is trying to do is not a new trick. You need a lawyer.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Kiara Apr 10, 2013 @ 14:31

    My question is if the father of my child has never had a job and doesn’t plan on getting one will he still be put on child support ? We were never married and the child isn’t born yet so I’m not sure if the birth certificate will be signed.

    • You can establish your ex as the father by a paternity test, it doesn’t matter at all if he did not sign the birth certificate. There are ways a judge can make him pay support even if he doesn’t have a job, but I cannot get into detail without more facts.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Dawn Ruehl Apr 11, 2013 @ 15:00

    Hello,
    We were informed that my daughter, now age 20, could apply for back child support from her biological father who did not resurface until 2009. In 2010 his paternity was established and on April 8, 2011 he was ordered by Missouri (where I live and where I filed) to pay beginning 9/15/2010 and going forward until she turns 23 if still in school or terminating if she no longer attends school. He was also ordered to maintain medical insurance on her, which of course he hasn’t. He lived in Illinois until just recently an we were wondering if she could apply for back support from Jan 12, 1993 – Sept 14, 2010. She has also incurred a large amount of medical bills since she turned 18, due to his lack of maintaining coverage on her. Is there any help available here?

  • Jesse Apr 11, 2013 @ 17:20

    My girl and I will be getting married this year. She has 4 children. Two of them live with there biological father whom of which has full custody but has not claimed or requested any child support but she is not able to do so due to being disabled. The court did not order her to pay. If at some point he made a request for child support and was granted it and we were married if she was still not able to work and not getting disability could they garnish my wadges for the two boys? I have very little contact with these 2 boys they stay with us for 2 days twice a month. Could he be granted money from the money I make that is for my family?

    • The judge could not garnish your wages, but could order her to pay, and to keep her from getting into trouble, you might pay for her.

      If I was the judge, I’d wonder why she is not getting disability, if she isn’t. If she is getting disability, she can pay child support from that.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Mel Apr 19, 2013 @ 16:17

    Hi Mr. Wolkowitz,

    I currently have a temporary Child Support Order in Place. My Ex is paying me 28% of his net income for our two boys. We have gone to court multiple times and each time it is continued. We are set to go to Hearing in May and my question is he is not paying towards daycare or healthcares expenses. I was told that I may not get anything towards that because the net amount he would be paying me is more than 50% of his gross income. Is that correct? Because I choose to go to college and get a good job and he didn’t I will have to be 100% responsbile for daycare and healthcare expenses. HE has told the courts multiple times that he has no money to contribute, but the few times he does come over to see the kids he has brand new shoes and brand new jackets.

  • Jennifer Apr 22, 2013 @ 8:50

    Me and the childrens father have been in a court case for about 11 years now. I am the residential parent and we have joint custody. I have asked for an increase in child support since I have not asked for one for about 5 years and I know the fathers income went up. We have two children. Instead of getting an increase the judge gave a decrease and the father only pays 14%. It was said because the children spend half the time with me and half the time with him. Is this correct? The father also makes about $50,000 more than me a year.

    • Jennifer,

      In my opinion, you are lucking you are getting 14% of his net income. You could end up with nothing, if the judge so chooses. The trap for people that receive child support is that they feel it is income to them, instead of for the children. Be glad your children’s dad spends so much time with them.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • micaela Apr 22, 2013 @ 11:12

    My childs father has been giving me 200$ a month for the last 6 years we dont have a child support order. my child is going to be 7 and i have to pay child care, lunch, and all the extra things she needs the older she gets the more i have to spend on her. also we live an hour away her father will never come here to pick her up if i dont meet him half way he just willnt see her. alot of times i have to pay people to drop her off and pick her up because i have school or work which cost me more money. is it to late to file child support and can i ask that he picks her up and drops her off ?

  • DYCHEA JOHNSON May 2, 2013 @ 9:45

    Hello, I was getting child support from my children’s father through the state,meaning it came directly from his pay. The child support stopped when my sons turned 18. My question is can I sue him to continue support while my sons are in college once he child support stopped he has not given then anything,he wouldn’t even help with moving his child to Virginia for school? I live in Chicago and one of my sons attends the University of Virginia, the other attends Chicago State. Their father has not helped at all with their expenses while their in college. I was told that I could sue him for child support until my sons are 23 or finishes their college education which ever comes first.

  • leeanne May 6, 2013 @ 14:27

    Once a persons liscense has been suspended for non-payment, how can it be re-enstated?

  • Jen Miller May 8, 2013 @ 14:36

    My question is my husband was ordered to pay 134.00 a week in child support plus half of child care, provide insurance and pay half of what isnt covered. She lives at her mothers, doesn’t pay rent, utilities or any major bills like a car payment. She pays a cell phone, car insurance, gas and child care. All equaling about $400.00. Can we get a modification on the grounds that he is now married and had another child to take care of, also her getting another job making more? Does her income or expenses ever get considered when extra payment outside of child support is considered? Like dance, swim lessons, child care?

  • Adam May 12, 2013 @ 2:46

    My ex wife and I got divorced and she has custody of both of our children (2). We worked out child support payments in our divorce papers,( not going through the state). Nothing was mention on schooling (unless college) or daycare in our papers. She now is telling me I need to pay for 100% of the “school fees” which comes to $1000 dollars (so Im told). Is there any obligation for me to pay for this? This wouldn’t be the first time shes screwed me over. She only follows the divorce papers when convenient for her. I.E. not meeting me half way for the pick ups and drop offs, not getting my full time when they come to visit. Oh how the list goes on.

    • In regards to your ext not following the court order regarding transportation, it’s ultimately your fault if you are not doing anything about it. Here’s a news flash assuming what you have told me is true: she will screw you every chance she gets. You should read my article titled “Court Orders: Get them enforced.”

      In terms of the school fees, before advising you, you would have to retain me and I would have to review your judgement for dissolution and any marital settlement agreement (MSA) or parenting agreement (JPA).

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Raven May 17, 2013 @ 23:26

    I have a situation. I have a son who is 15 months old and I am currently pregnant again and they have the same father. Their father has another child by a different woman, but my son was born first, then the other child was born and now I’m pregnant again. The other child’s mother has just filed to put him on child support and I’m going to file to put him on child support too. I wanted to know if because she filed first will her child get more money than my children? How will the court determine how much i will get?

    • There is normally a benefit to having filed first for child support when one man has children with two different women.

      The court will determine how much you get by considering the father’s income and other information.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • louise May 25, 2013 @ 7:35

    My ex has had physical custody of our daughter for the last 16 years, she is graduating high school this week and has already tuned 19 years old, she is currently pregnant lives in Illinois with her dad. I live in Germany with my new husband and 3 other children (biological). My ex has never sought child support nor has there ever been a custody battle we just decided among ourselves he could better provide for her when she was little and when she became of age she chose to stay living with him, he is no longer working and on disability due to a work injury, and now says he wants me to start helping support her and our soon to be grandson. Legally am I obligated to pay back child-support if there was never a court order and can he at this stage take me to court for child support?

  • Dawn May 29, 2013 @ 11:21

    My husband is being taken to court for child support, after the mother hid paternity of the child his whole life. The child will be 20 in July 2013. Child born in 1993 and mother didn’t release name to Illinos til 2009. Then, when IL asked my husband to do dna in 2009, he did and then the mther refused to have her and child tested though IL told her to. Then, husband did 2nd dna in 2011 cause they finally got the mother to do one and the child after he turned 18. Now the mother is asking support all the way back…what is my husband to do when this happens?? (It was a one night stand that the child was conceived from)

    • The mother you refer to sounds like a terrible person. I guess she though her child didn’t need a dad. And she’s greedy after years of alienation, apparently. What a jerk.

      In any case, I can’t advise regarding your husband’s specific situation. However, I can tell you that for the most part, one can only receive support back to the date which the petition seeking support was filed.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Travis Jun 14, 2013 @ 4:04

    I am currently paying child support on my oldest daughter of what was then 20% and she is fine with that amount even though I make more money now. I will be soon paying child support for my second child I had from a different relationship and from what I read she will be entitled to 20% what my net. Now a 3rd woman claims I am the father of her twin babies (still not determined) if it is proven to be true would she be entitled to 28% of my remaining net income? That would be a total of 68% of my net income. Or is the maximum I am obligated to pay all 3 women no more than 50% of my net income?

  • Annie Hew Jun 20, 2013 @ 8:40

    My ex has been working for cash for about three years now. He owes over $10,000 in child support. Thanks to my employer shutting his doors, I can not afford a lawyer. I can’t even afford to put our child in sports this year. After pretty much stalking the state of Illinois, they are finally setting up a court date to hold my ex in contempt.

    I know they are not going to say anything about him working. I have given them the info about the company numerous times. All they have done is send a form to his boss, and of course his boss denies my ex works for him. Why would he want to get arrested for income tax evasion? However, my ex talks about work on his Facebook page, and even has pictures of his work truck on there. Can I point that out to the state lawyer, or is that considered stalking? I was told I need a P.I. for those kinds of things, but I if I can’t afford softball for my child, I certainly can’t afford a P.I.!

    Thanks in advance.

  • Britney Jun 23, 2013 @ 11:00

    I have a question about my friend. He recently had a child with his ex but he did not sign the birth certificate because she didn’t want him part of their lives. So her fiancé signed the birth certificate and he does now know its not his child. Now she wants child support from my friend. Can she get child support if his name is not on the birth certificate? They did a DNA test before the baby was born and he is the father.

  • Vionka Jun 27, 2013 @ 8:21

    The father of my child is not working. He has only agreed to pay $200 a month in child support. Daycare alone is $700 a month. After he gets a job he told me he will not compensate for the extra money that he should have been supplying. If I put him on child support I feel like I would get nothing at all because he isn’t working and what is 20% of a $0 income. How does back pay work for a father who wasn’t working once he actually gets a job? Thank you for your help!

  • robert Jul 10, 2013 @ 22:33

    my children have graduated from college and are employed, what do I have to do to quit paying child support here in illinois

  • Anthony Jul 11, 2013 @ 16:48

    Hi,

    My name is Anthony. Im located in Illinois. I have a 13 year old daughter. I am ordered to pay 50$ a week in support as well as maintain health insurance. I have maintained my support unless switching jobs. My support is taken directly out of my check. So it always starts up after I have been at my new job for a little while. I work in health care and after I graduated and started a good job she filled for an increase. which I sent in all the necessary paper work and she never did so they left it where it is.

    Now I have been with my current girl friend for 5 years. we have a 2 year old son and no order for support. We are separating and she will be moving 4 hours away still in IL. Question. My mother has my older daughter 80% of the time. Takes her to school picks her up and has her most weekends. Does that play into my support payments to her mother? I noticed that you said 20% to the first and 20% to the second. If my second child mother files for support will the first child support go up? or stay at the set amount? should I try to just keep this out of court?

    • Illinois child support lawyer Jul 14, 2013 @ 18:15

      If your mom is caring for your eldest daughter, and not your ex, then that alone may support a modification of support. Whether or not Mom #2 files for support has little or nothing to do with the support you pay to Mom #1 (only in rare/extreme cases would one impact the other).

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Jamie Jul 16, 2013 @ 19:55

    My soon to be husband has two children, by two different women. I do not mind helping with his children when they are in our care, but I do not want to support their mothers. They have no child-support or custody arrangement as of now, but I want to be prepared. They are jealous and I know will pursue money as soon as we are married. He has a good job, as do I, and these women do not work. In Illinois, can a step-parents income be used in determining how much child support must be paid? How do I protect my money? Shouldn’t he have equal custody of the children and can that be determined at the same time as child-support?

  • Brandy Jul 24, 2013 @ 14:41

    MY husband has 2 sons from 2 different marriages before me and pays around $1300 a month in CS. We have a 3 year old daughter together. I just found out that he cheated and the other woman is pregnant. I don’t know yet if we are going to work on things or divorce but what I am wondering is will my daughter be considered if we are not divorced before this baby comes I know if we were divorced that she would get 20% before this new baby, but if we were to stay and work on things does that mean he will pay more to this other child and my daughter and our home will loose more money to that child.

  • Sarah Jul 24, 2013 @ 17:00

    I have never went to court for child support but do allow my child to go every other weekend. He “owns” his own business and has 3 other children from a previous marriage. I was wondering in Illinois what the percentage is after him paying for his other three children and if I do let the state go after him, by law do I have to let her go see him every other weekend and once a week or are custody rights totally separate? I have heard two different stories from different lawyers and not getting anywhere. Also would the state look into how much money he really makes because I know for a fact that he claims that he makes little to no money so that his previous ex wife doesn’t get as much and therefore leaves me with nothing. Help!

  • Julie Jul 30, 2013 @ 12:57

    I have the first 2 kids from a relationship; we split up and he had a 3rd child with another woman. The father and I are currently living together to make ends meet. Could she really receive 1st child support because of our living arrangements? The girl doesn’t even hold a full time job and receives state aid. Seems a little shady…

  • Liz Jul 30, 2013 @ 14:23

    My ex has not pay any type of child support for our son who is now 7months. I filed for it n we go to court for the first time in August. The question I have is that he has no income. I believe he might get a ssi check but that’s it. He do however just received an huge settlement check. Even though he does not have an income am I entitled to recieve anything from his settlement for child support. He keeps waving it around my head saying I want get a dime of his settlement money and the most I will get is like 100 a month. I personally think its unfair for him to ride around with luxury cars and fancy things and all he has to give me is 100 bucks for his son.

  • Jerry Aug 1, 2013 @ 19:33

    I have kept on my child support for some years. I am for the first time, eligible for health insurance and my place of employment has received an order for me to have health insurance for my son. However, the insurance is terrible and it will cost me $110 a week when I am already paying $56 a week in support. I have another son who I pay no support for as I have him every other week and I just had twins last week. This $110 a week cost will cause me to possibly lose my current life style to the degree of selling my car or losing my house as I am already just squeaking by. Is there anything I can do to avoid this high cost, or at least lower it. Seems wrong they should be able to require me to have this insurance at such a high cost.

  • KristiP Aug 6, 2013 @ 19:08

    My ex husband and father of my 3 children owes me $14,000+ in back child support. He started a new job 6 weeks ago and so far I’ve gotten 1 check for 31% (not 32% of his income), less 1/2 of his babysitting expenses for the time that my kids were with him while he was working), and no arrearage payments. How do I get his job to start garnishing his wages for the current child support owed (since he keeps “forgetting” to give me checks), and also, what is the typical calculation for arrearage payments? My divorce attorney said the arrearage is usually 32% of the 32% of his net income that he pays for child support. (so if a paycheck were $2000, he’d owe $640 in child support plus $204.80 in arrearage) Is this correct? My ex seems to think he shouldn’t have to pay that much in arrearage, but even so, it’ll take him over 3 years to pay it off, plus at 9% APR, he’s accruing around $100/month in interest!

    Is there a law dictating how much he needs to pay per paycheck for arrearage?

  • Jennie Wilson Aug 9, 2013 @ 23:29

    Hi-
    I had a quick question about child support. I live in central Illinois and I am currently ordered to pay my ex child support for our daughter. In Feb of this year, I had to quit my job to finish my last semester of nursing school. I filed to modify support at that time and now that I’ve obtained a nursing job, they will be basing support off my current salary. My question is: since my ex and my daughter have been living with his current girlfriend for the last 2 years and their combined household income is more than twice my annual income, does the standard 20% apply or is this something I could have negotiated? I understand that her income is probably not factored in to his needs, but he still makes more than enough to support our daughter without an extra ($600/mo, I’m estimating given my current salary) I am still in the process of financially stabilizing myself after being unemployed for 6 months and living off of student loans, which are going to require payment very soon. I also regularly have my daughter at my own residence, most of the summer in fact, and frequently during the school year. I may have to retain an attorney for our hearing, but wanted to see if a deviation in child support was even applicable in the case. Thank you.

    Jennie

  • chris Aug 11, 2013 @ 17:53

    Hi, I have a 17 year old that will turn 18 in a few weeks..his father and I have never went to court but had an agreement between us for the past 12.5 years to each pay half of all expenses like sports, school, clothes any medical expenses not covered by my insurance thru my sons step father and and any extras inwhich has been working great for us up untill a fewyears ago.Now my son will be going to college and still resideing with me so I am thinking on starting a child support case ..do u I have time sence he will be 18 soon? Thanks for your help

  • Amy Aug 19, 2013 @ 0:48

    My X is a child support scoundrel – he despises when giving me a dime. In late 2010, he announce he was going into early retirement and I was on my own to support me daughter. We were divorced since 2003, and we have a 12 year old daughter.

    In February 2011, X purposely got himself fired to collect long term unemployment (still unemployed) fixed up his home and put on the market to live off the proceeds. His plan is to move to Florida and live off the $550K in a small fishing retirement town until he becomes 62 year to collect social security. This declaration came immediately after he lost a 2 year court ordeal for residential custody on our daughter. He secretly bought a house and land in Cape Corral Florida.

    Can my daughter receive 20% from the sell of his home? He has millions in his retirement account. He then claims he will get a job at Home Depot or Costco and Madeline can receive 20% from the part-time / 10 hour per week paycheck.

    He has tried EVERYTHING to avoid supporting his daughter. She is super smart and he told her recently don’t go to a good school, I will only pay for a 2 year community college….He is horrible! He has been unemployed at the very least 1/3 of her 12 year life. What can I do? We are broke and I need more that $164. bi-weekly-from twice that amount (unemployment). He is getting direction from someone that is co-signing his b.s. and assisting him to give his daughter nothing!

    He refuses to provide his 2012 Tax return- He has money hoarded and seems to be living very well.

    Please advise.
    Amy

  • Tami Aug 19, 2013 @ 21:50

    I’ve been separated from my husband for over a year and a half. I was a stay at home mom of a 3 year old when I left. I want to start the divorce proceedings but don’t have the money to pay for it yet. My ex was giving me $600 per month we agreed upon this amount outside of court ($300 each for school and support). This year he decided to stop giving me the support but is still paying for her education. Regardless of how i feel about him, i know that my daughter needs her father and agreed for joint custody. I have had a few odd jobs and am currently unemployed. Once he stopped paying, I filed for Child Support. He says that since i don’t have an income i am not her primary care giver and he does not have to help me when she is in my care. I have a couple of questions.

    1. If we have joint custody, will I be able to get any child support? He definitely lives better than I do. I live with family who has been helping me this whole time.

    2. She has been going to private school for a couple of years now and he wants his address to be her primary residence. He is threatening to not pay her tuition and send her to public school if I don’t chance the address. If school records are under his address, will that stop me from getting any child support?

    • Illinois Child Support Lawyer Sep 6, 2013 @ 18:53

      Tami,

      If your child lives primarily with you, it is almost a certainty that you will receive child support. Joint custody has nothing to do with child support, nor does it have anything to do with how much time your child spends with your soon-to-be-ex husband.

      If you child has been attending private school, it is quite possible for a judge to order that your husband continue to pay for private school tuition.

      It sounds like your husband is trying to intimidate you with BS.

      You need a lawyer. It is possible that he may be ordered to pay for your lawyer. You are not trapped.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • sherry Aug 26, 2013 @ 22:29

    What if the parent receiving child support is using that money for cigarettes & their own needs, letting the grandparents provide the true needs of the child? In IL there are no grandparent rights! This is wrong. The dad paying the child support has his fingers in his ears & doesn’t want to hear the truth – because he doesn’t want to split up his happy situation with the new girlfriend! Sad situation!

  • Jessica long Sep 4, 2013 @ 13:53

    I know child support stops when my son turns 18 in march. What I’m wondering is what happens to the 65000.00+ that is owed in back support at that time?

  • Anthony Sep 5, 2013 @ 13:30

    I have been married twice. the judge gave my first wife 28% plus I pay insurance. the judge gave my second wife 20% plus I pay insurance. That is 49% of my income is this legal. I am on unemployment do to my coal mine closing and not even getting much to began with.

    • You are most likely not paying 49 percent of your net income, since your first wife gets 28 percent of your net income, then your second wife gets 20 percent of your net income when it was already reduce by the amount of child support you are paying to your first wife.

      But I get your point. Child support is expensive, and has only a theoretical relationship to the needs of the child. The child support laws are severely flawed. However, given they are laws, and your judge seemed to follow the law, it is legal.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Sandra Sep 7, 2013 @ 14:00

    I have a question my brother has been married for about two years or so they have one child together who is currently 4, his wife had two previous daughters. If divorced does he have to pay child support for his step children? One has already turned 18 the other one is currently 15.

    • Sandra,

      A person only has to pay for child support of children for which he or she has been established as the legal parent. You’ve not told me anything that would leave me to believe that your brother has been established as the parent of the stepchildren. Therefore, he should not have to pay support. If the stepchildren’s father is alive, he should be paying.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Rose Sep 14, 2013 @ 7:04

    My kids father started a new job in July. Since his transition, I haven’t received any child support. He keeps telling me he is working on it, but it’s been almost 3 months with the same response. What do you advise I do?

    • admin Sep 14, 2013 @ 9:11

      Rose,

      I can’t advise you via this website. However, you can retain me to represent you. If a person owes child support, he or she can be made to pay – or face harsh consequences. If you retain me, the good news is that child support can be fairly routine and simple – and once he realize you are taking action you might start seeing payments fairly soon.

      Contact me to get started.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Joe Sep 14, 2013 @ 17:55

    David,

    Thanks for all your helpful comments on this page. I hope you can answer a couple questions which I don’t believe have been covered here before.

    I was court ordered to provide health insurance through my employer and pay 50% what isn’t reimbursed. The cost to add on a child tripled my premiums as it’s the same price for unlimited extra children. The insurance is pricey as the benefits are high: no co-pays for doctor visits and $1 per month generic prescriptions. I found out she can get the same kind of insurance through her employer for 35% less (if you factor out the base cost of each of our own employee costs for insurance). However, there would be some copays – typically $25 (to be split). The savings would be near $800 a year before any copays. The child has no health issues at the moment. Would it be reasonable to request we use her plan instead to cover the child instead? I’ve also read that if it’s on the custodial parent’s plan, courts typically split the premiums 50/50 as opposed to simply deducting the premiums from my income for support (20% [for one child] vs 50% liability for premiums) – is this true?

    I see several references in regards to paying a portion of daycare costs. From what I’ve read, typical is splitting the costs 50/50. When would courts deviate from this in Illinois? Between base support and health insurance premiums, if I added $400 in child care (out of $800 total) I’d be paying about 38% of my after tax income for just one child which is close to double the guidelines.

    Is it common for a court order to include a stipulation to alternate claiming a child on taxes?

    Is it common for the court to order life insurance for the non-custodial parent?

    • Illinois child support lawyer David Wolkowitz Sep 16, 2013 @ 0:33

      Joe, It really doesn’t matter what is typical for health insurance for kids in Illinois. You were ordered to pay what you were for some reason; however, I don’t know what that reason was for the judge in your case. All cases are different, and all judges are different. If I told you it was typical for parents to share the cost of health insurance for kids, that wouldn’t be meaningful. Your case might not be the typical case, and your judge might not be the typical judge. Furthermore, even if your case was an odd one, and even if your judge was an odd one, I cannot say what can be done about your situation without reviewing your judgment and possibly other material.

  • Sandy Sep 20, 2013 @ 14:08

    Hi David, Can one file a petition to modify child support if the support itself is causing financial hardship for the payor?

    My boyfriend has child support and childcare expenses deducted from his wages automatically. With what remains of his check, he can barely support himself. On top of what is taken automatically he is supposed to pay his ex-wife 50% of medical expenses, school expenses, daycare etc. Her spending on the extras are way beyond what he can afford to pay. She recently took him to court because he has not been able to pay her on those extras. The judge ordered him to pay what is in arrears. He doesn’t make enough to pay for that in the first place and her demands for more and more money will continue. Can filing a petition to modify child support help him in this situation? Thank you for your time.

    • admin Sep 20, 2013 @ 14:38

      For judge to modify child support there must be a change in circumstances. In other words, the payor must have suffered a loss in income or job, or something else major must have happened. People cannot ask for modifications of support whenever they want, if they could, they would be doing it all the time. I cannot say what your boyfriend to do without knowing more about the situation. And I cannot give advice online

  • Andrew Sep 20, 2013 @ 14:55

    I’m currently trying to figure out how my daughter’s mother thinks I’m supposed to be paying (possibly) 22% of my income. I’ve read all over the place is that it’s supposed to be 20%. I’m also in the military so how would I calculate how much I should be paying her since I live in government housing and receive free medical coverage. I currently also have my daughter with me and still paying money to her mother for her. I don’t understand why I should be paying anything since before I left myself and her mother both signed a copy of me getting custody of her while I’m in another country, and it was officially notarized. If you could please let me know I would greatly appreciate it.

    • admin Sep 20, 2013 @ 15:05

      If your daughter is residing with you, then it seems you are the one who should be receiving child support. As you have picked up from your wife, people usually want as much money as they can get, no matter the morality of it. Long story short, you need a lawyer to protect your rights. If your cases in Illinois, you can contact me to represent you.

  • Yenn Sep 25, 2013 @ 22:47

    Hi Mr. Wolkowitz I had a question . I have a son and his dad is only paying 100 dollars a month. I think that is nothing comparing what other people give a month. Also we lived together till my son turned 1 year old and he was not working . I was thinking of going to court for child support. Would he also give for the time he wasnt giving me money since my son was born? Would i get more than just $100 a month? He must make 300 a week. Thanks.

    • Yenn,

      The statutory guideline for child support for one child is 20 percent of the payor’s net income. Net income has a specific definition. Determine the father’s net income, then you will be able to estimate the support you will receive.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Michelle Rodriguez Oct 2, 2013 @ 12:33

    Hello,
    I have a question and I’m doing this on behalf of my boyfriend because he is stubborn to ask himself,
    He has been paying child support for a year now but recently got promoted in July. His ex has not noticed his promotion and he has not told her either. But we feel she is getting suspicious of his raise. What can he do to prevent possible back pay since it is now October ? Please help

  • david Oct 5, 2013 @ 6:43

    I’m currently under child support I was paying 208 bi weekly but had to quit my old job for a new one.now I’m getting payed weekly ,my question is will they be deducting the same amount,and will they take 208 by weekly or divide the amount to 104 weekly?

  • Jessica Oct 8, 2013 @ 5:23

    My husband and I are still married we have 3 kids together he is having an affair and I’ve worked in an off through our marriage but for the most part it didn’t work I currently don’t work and he feels that he shouldn’t have to pay for somewhere for me and the kids to live that the kids could live with him until I get a job and have a place for them I really don’t think my kids would ever leave my side. I don’t know what to do? What are my options? I am also an immigrant in the process of getting my work permit but I can’t work until I get approved I’m stuck!!!! Hope you can help

    • Jessica,

      The kids will most likely stay with the primary caregiver – and that seems to be you. If you move out and leave the kids with him, he will gain a valuable advantage. Also, what you husband feels is somewhat besides the point. What matters is what a judge will feel.

      Contact me if you want to look into starting a case.

      Regards,
      David Wolkowitz
      Three-One-Two-554-5433
      Contact Attorney Wolkowitz online

  • Tammy Oct 8, 2013 @ 10:18

    My divorce was finalized last March and the child support was calculated by the amount he received at that time from his unemployment plus part of health insurance coverage. My ex paid until the unemployment ran out and has not worked since. With not working, am I still able to technically receive the stated child support in the papers? I am currently filing for child services support assistance but I am afraid I may not be entitled to anything since he doesn’t work and really has no plan to work.

  • scynt2006 Oct 20, 2013 @ 11:31

    I am about to have a baby next month with a man with multiple kids, all by different women, two of which are receiving child support. Will him paying child support impact how much my child receives? He makes $2,100.00 a week gross and takes home around $1,400 after child support and taxes.

  • Lydia Oct 21, 2013 @ 17:46

    What age does the ex have to stop paying for medical expenses? My oldest is 18 but I can keep them on my insurance until she is 26 and she is in College. I think I let my ex off the hook buy paying 800 p/m for both and then 1/2 my insurance now that is cut in half and I’m struggling financially

  • Scott Oct 23, 2013 @ 22:29

    Hi, I have two kids, 14 and 10. When my oldest turns 18, will my child support payments automatically drop from 28% to 22% or will I have to go to court to have this adjusted. Some say it happens automatically and others say you have to have this adjusted in court. I have child support automatically deducted from my paycheck. The order/notice to withhold income for child support says $1300 per monthly in current support child support starting 06/01/2012 ending 06/01/2022. I thought my attorney had said that you have to go to court to get the amount reduced when my oldest turns 18 and often most people will let it slide since it can cost about that amounts difference to drag it back to court. Thank You!

  • Tiffany Oct 24, 2013 @ 17:19

    I was wondering if if matters that I have a child older than the child I pay child support for. I support him by myself. I also now have a joint custody agreement and we share time fairly equally. I never go to the store and buy for one son without buying for the other and I’m always sending things to his fathers house. Do any of these factors matter?

  • Charlotte Oct 28, 2013 @ 17:40

    My ex boyfriend cheated on me and got another girl pregnant. He did not tell me about her or this other child until the other woman decided to file child support. My son was born first and i saw that you posted it doesnt matter who was born first but is there anyway to change that? I had no clue about this other childuntil it was too late. Is there anyway a judge can change the order or can i ask my ex to ask for the other order to be ammended? Oh by the way i still havnt had my court date yet. The child support system lost all my paper work and after 1 year and 4 months i finally have a court date

  • Tracy Oct 29, 2013 @ 12:07

    i am wondering my ex husband owes me close to 19,000 back child support what can i do he finds work that pays him cash so there is no way of knowing he is working and there are times he had a job and as soon as child support found him he quit he says he dont pay because i dont allow him to see the kids well my 14 year old would like to see him which is fine but my 9 year old refuses to see him so im wondering first off can i get in trouble for not sending my 9year old to see him because he wants nothing to do with him and 2 what can i have done with my ex being far behind and not paying

  • Candi Nov 4, 2013 @ 9:32

    I have recently left my husband of 22 years, I have 3 children ages 20, 18 and 15 who decided to live with me. It has only been a month. I am currently working part time as a caregiver and get paid cash and make a little over 200 a week. My husband who works full time and makes a lot more money than I do has not given me a penny and is telling me I need to give him money to help pay the bills cause he can”t afford to stay in our house. I do not want to get divorced at this time for health insurance reasons and was wondering if I could still get child support for my youngest and have him ordered to help pay for our other children’s college tuition?

  • Deb Nov 6, 2013 @ 16:08

    Do you cover Mclean County?

  • Kari Cozad Nov 12, 2013 @ 17:42

    My brother had not been paying his support. The state put a hold on his bank account and there is over $1000 sitting at the bank waiting for the state to retrieve the money. This hold that has been placed on the account has froze his account so that he cannot use his debit card. This amount will take care of his child support to current. After 2 wks he checked with the state and the bank to see why the hold has not been lifted on his account. The bank blames the state. The state blames the bank. He received a letter today that his license will be suspended in January due to the fact hat they have not yet received the money. He has talked to both the bank and the state but was told that this money could sit there for up to 3 years. So who is collecting the interest? My brother has to pay interest on it as long as it is in arrears. Is this the way that the child support system works?? My husband and I dealt with the system for 15 years and I know what a nightmare it was. I cannot believe that the flaws have yet been worked out. I am so glad that we are out of it but in the meantime I am having a hard time thinking that someone so close to me has to endure this. What can he do? The fact that a person has to sit on a phone on hold for 1 hour to talk to a person and then given a different number to call to then sit on hold another hour is also insane. I guess that nobody else in the world has anything better to do!! What can he do to get this money released to the state quickly??

  • Terence Foster Nov 14, 2013 @ 16:23

    Hello David I have a case that I was threatened to sign a birth certificate, after 8 years and me having dna results claiming that I was never the father can a judge still make me pay child support even if I never did anything for the child

  • Kat Nov 15, 2013 @ 9:49

    Hello,
    I am trying to determine if mandatory contributions to a health savings account are subtracted from a non-custodial parent’s income for determining child support payments. The parent can use the account for qualified medical expenses only once they retire. The parent is required to contribute a set amount, however they have investment options. Additionally, the money may be withdrawn for any reason after age 65 with no penalty. Are you familiar with such plans? Does it get subtracted from their “income” similar to their pension deduction?
    Many thanks in advance,
    Kat

  • Pam Nov 20, 2013 @ 7:57

    My divorce was final May ’06. I never had a problem with the Ex paying child support. My question is, he got in some trouble back in ’10 and did 6 months in jail. Is he to be held accountable for the child support he was not paying at that time? Does he owe that to the child or is it excused due to his circumstances? And if so, who would I contact to receive those funds? There has always been a court order for child support in place. We have modified it twice since the divorce. I have been trusting him to make the payment himself to the Illinois State Disbursement Unit. My only complaint is I never get it the same time or same amount. It is always bouncing around. Do I need to have it modified again to where it is automatically removed from his paycheck? Thank you for your time.

    • admin Nov 24, 2013 @ 7:53

      I cannot answer all those questions via email. If you would like, contact me and retain me to handle your case. It is generally possible to have your support paid through the state disbursement unit. However you asked numerous other questions.

  • Ash Nov 22, 2013 @ 9:25

    I have sole custody of my 13 year old son. His father has paid maybe $1400 in total for child support. He has never seen him till earlier this year. He was very good to my son at first but then starting pushing him off and not calling when he promised and then nothing for a month or two and then calling and asking if he can have my son for the weekend. I know he loves my son and my son loves him but he is causing a lot of hurt towards my son. I recently told him that I feel it’s in the best interest of my son to not go to his house or take his phone calls. I have my son in counseling for this and other things. His father is very upset and said he’ll see me in court and that he will be seeing his child even if he doesn’t financially support my son. Can he really do that? Do I have the right to decide if my son should or should not be around this man even if he has just come into my son’s life and he is his father?
    Thank you.

  • K.M. Nov 29, 2013 @ 20:58

    My sons father employer currently switched payroll systems causing for the support to stop. I haven’t received support since the middle of October, also during that time there was a modification which was sent 11/13/13. I read that in Illinois that the new support order must go into effect within 14 days. It has not what can be done?

  • Tammy Dec 5, 2013 @ 11:08

    I used the+1
    I have been trying to get child support revisited since May 2013. I have a court order of $200.00 a month that is garnished then back in 2004 I found out he was making more money and we revised child support and received an addition $200 on the 15th of the month, never filed anything with the courts.. We had are visitation modified in May and it was written in the agreement that child support will be revisited and that it is 20% of each others pay that is what it has been since 2001. He makes twice has much as me and I have to pay for 1/2 of everything. He stopped paying me the $200 on the 15th since June. Every court date as been postponed they keep requesting my paystub now they want to wait until the end of the year to get a year end salary. I have had to file for bankruptcy since he stopped paying me. We both work for the federal government and I haven’t received a raise in 2 years so he should know. I don’t understand how he can keep this up it is getting old that it is taking this so long. I hope you have some insight for me. I am getting so frustrated. Thanks.

    • Tammy,

      That sounds like a bad situation, I’m sorry to hear you are having such a hard time. A person who violates an order can be held in contempt. If you have a lawyer, your lawyer should be moving the ball forward. I am not sure why that is not happening. If the correct steps are not followed, then nothing will happen. Unfortunately, I cannot tell you what steps to take without reviewing your file.

  • Michele Dec 11, 2013 @ 15:23

    I have 2 children. I have been receiving child support for 3 years but the amount has been based off of the father’s unemployment wages. He is constantly being laid off and then put back to work because he is a carpenter. He is a Union Carpenter so he makes pretty good money. I put in for a modification because he has been working steady for a few months now. He was making approximately $950 every two weeks from unemployment He had received a slight increase from IDES right before he went back to work. He now makes $42+ an hour. so his gross is around $1680+. His net is about a little over $1000 (after paying taxes and insurance). He volunteered this information to me. Child support has his job information. He didn’t submit the paperwork with his new income when asked by the Child Support office and so I believe I am getting a new amount based off of his old net income from IDES. I am only getting a $30 increase a wk. $196 a week now, before it was $162. Child support is giving me the run around. Is there anythinng I can do? Child supports reps just keep telling me that I’m getting the amount based off of the non-custodial parent’s net income…nothing more.

    • admin Dec 19, 2013 @ 22:44

      I cannot address every question. Please click the Google +1 button on on the article page, and that will increase the chances I can address your question.

  • diamond Dec 14, 2013 @ 3:28

    i was wondering im 23 and I just ran back into my father after divorcing with my mom at the age of 12 I never receive any child support but now im in contact with him can I or my mom have him pay back child support due to the missing child hood exposure that would have increase my chances in life to further myself

    • admin Dec 19, 2013 @ 22:43

      I cannot address every question. Please click the Google +1 button, and that will increase the chances I can address your question.

  • Jarred Dec 14, 2013 @ 15:22

    Dear Sir:
    I found your article on google and +1’d it. My ex-fiancé and I had a daughter almost 13 years a go, but we split before the child was born. She broke off all contact and I was not even aware of the birthdate of my daughter for 8 years. The mother did not put my name on the birth certificate. After 8 years I found a way to contact her and was able to re-establish contact. Shortly afterward I offered to sign the Voluntary Paternity form to be put on to the BC, help out when needed, etc. She refused and said she did not want me to have any control. She let me see my daughter on various occasions over the last 4.5 years. I would buy my daughter clothes and such when the mother made me aware they were needed, but only if I asked and said I was going to buy stuff either way.

    In September of this year I took a new job with a ministry and relocated to another country and took a pay cut. Without any notice I have received a court date with an order to do a DNA test, and I cannot make it back to the US by the court date. I have been told this is happening because the state is requiring me to cover my daughter with insurance. Is this because my ex is likely receiving state aid now? I have again offered to do the voluntary form and have no problem paying the child support. I have heard the State may come after me once I am on the birth certificate for the monies the State may have paid in previous benefits. Is this true? Can the State, and mother come after me now for past child support for 13 years, etc? Even though she refused me contact and did not add me to the birth certificate? Any money I have is also needed to establish residency in my current country, can they come after that if it is in a bank account?

    Thank you for your time.

    • admin Dec 19, 2013 @ 22:41

      Jarred,

      Your situation is a complicated one. Yes, the state can come after a dad for public aid paid to the mom – even if you never knew about your child. It seems wrong, but it’s true. If you are not in the Chicago area, I suggest contacting Land of Lincoln legal aid; there site is:http://lollaf.org/. They might be able to help.

      I recommend communicating with the state’s attorney and others in writing, and trying to work out a settlement.

  • Stephanie Dec 20, 2013 @ 10:00

    Hello,

    My husband is paying child support for his daughter from a previous marriage he was also paying health insurnace for the child as order by court. Just this summer his job was bought out by a different owner and they removed the health care insurance from all employees. He just recieved a letter in the mail regarding the health insurance and has a court date for the beginning of next year. My concern is since we are legally married and have 2 children together and I have my own expenses, can the courts go after me to put his child on my insurance through my job? This concerns me cause again I have 2 children with my husband and a previous child from another relationship so I have alot on my plate. I don’t know what the law is in Illinois but since we are married and the child does need health insurance I just hope they don’t come after me to put his child who I did not create I don’t feel it’s fair that I should be responsible for her. Any guidance you can give me on this would be very greatly appreciated.

    • admin Dec 24, 2013 @ 9:00

      I cannot address every question. Please click the Google +1 button on on the article page, and that will increase the chances I can address your question.

  • RC Dec 23, 2013 @ 11:47

    My daughter is turning 18 in a few days and is not attending a high school in Illinois. She is “attending” an on-line diploma mill called “Penn Foster High School” out of Scranton, PA. As far as I can determine, she is no longer welcome in the public school system, due to some behavioral and criminal issues. (She is just ending a probation period and doing some community service.) I just received notification in the mail that her mother is trying to get support extended thru her 19th birthday, and court is set for 8:30 AM on 1/2/14 in Wheaton. (I live in Ohio now.)

    What is the IL law regarding the definition of “attending high school” and unsupervised for-profit distance “learning?” Is there a case to be made here for partial or full emancipation, based on the fact that it’s not a real school? Is there any case law in IL corresponding to this class of school, or even Penn Foster itself?

    Thank you.

    • admin Dec 24, 2013 @ 9:00

      I cannot address every question. Please click the Google +1 button on on the article page, and that will increase the chances I can address your question.

  • Stefanie Dec 26, 2013 @ 14:52

    I was just issued paperwork that was filed for me to appear in court for CS. My ex and I have a 14 year old daughter and he has recently gained residential custody. I am confused on how much I will have to pay for CS. I do not mind paying, but I am married and have a 10 year old son… and want to know if the judge will take that into consideration. Do I need to appear in court? If I do not appear in court will the judge just grant my ex the CS and have it taken out of my bi-weekly pay? And will the highest percentage be 20%? I am ok with that. I cannot afford to take off work as I have taken many days off this year for all the custody court dates. If I fail to appear in court will there be another court day appointed? Can I call to reschedule the appointment?

    • Chicago divorce lawyer Dec 29, 2013 @ 17:31

      I cannot address every question. Please click the Google +1 button on on the article page, and that will increase the chances I can address your question.

  • Steven Jan 3, 2014 @ 11:39

    I used the +1 button……I have an open administrative child support case for my oldest daughter (her mom is the custodial parent). The child support payments are deducted from my pay 2x/month for nearly $800 ($400 per pay period). My daughter is now 5 years old and I am married to another woman. Lately because of her dislike of my marriage, my daughter’s mother has been inconsistent in allowing me visitation with my daughter and she refuses to allow me to file my daughter on my tax return (I’ve never filed her in the past 5 years). How do I go about filing for joint custody in Illinois so there can be some consistency in visitation and finances?

    • Steven,

      You bring up many issues that cannot be solved online.

      1) Visitation problems: They have nothing to do with child support or anything else. If mom is not allowing court-ordered visitation, she could be held in contempt.

      2) Tax deduction: There might be a court order that says who can claim your child as a dependent in order to get the tax deduction. That order should be followed. If there is no order, by default the parent who is with the child 50% of the time or more has the right to claim the child.

      3) Joint custody: I cannot possibly tell you how to file for joint custody. You need a lawyer. But if there is already a custody order, it is very hard to get that changed. I am unclear whether there is an existing custody order, or not.

      You need lawyer.

      Regards,
      David Wolkowitz
      312-554-5433
      Contact Attorney Wolkowitz online

  • Amanda Jan 20, 2014 @ 11:03

    I used the +1 button. I have a question. My son’s father has a support order out for him to pay me child support. for a long time he was not paying and or not working. He hardly ever called his son and did not spend any time with him. This has been going on for years. Now that me and my husband has moved to another state and child support is now being taken from him, now he’s saying he want joint custody, but i have never denied him his child he just never spent time with him nor did he try to contact him on the regular. Can he sue me for joint custody now that i’m dwelling in another state?

    • Amanda,

      I don’t know all the facts, but consider the following:

      1) One of the most important factors in child custody determinations is the status quo – what has historically happened. It would be very unusual for a person who has had almost no contact with a child to gain custody.
      2) One is supposed to have “leave of court” to take a child out of the state of Illinois. One who simply removes a child from the state without the court’s permission could face some consequences.

      If you husband takes you to court in Illinois, you could face challenges, and expense. You should retain an attorney to try to prevent those problems.

      Regards,
      David Wolkowitz
      312-554-5433
      Contact Attorney Wolkowitz online

  • jessica H Jan 29, 2014 @ 14:45

    hi I have a few questions .
    me and my ex has a 7 year old daughter and we have a written agreement since she she was a baby till august of last year when I went and filed for childsupport . he lives in mo and I live in Illinois. he gets her every other weekend unless he has to work or has drill duty with military he also has dental and medical and vison on her also what I want to know is that will he have have to pay back when he owes and will they count when he has given me . he pays me 450 a month via the written agreement Illinois is saying they can claim the pay as a gift because its not court ordered and will the agreement go toward what he owes or no and they are saying that we have agreement in mo also but I closed 2006 but they are saying it might still be open im just confused on what might happen. if u can help me that would be great thank you

  • Jennifer Duffy Feb 7, 2014 @ 23:51

    Hi there I am the custodial parent of 1 child. Is it true that by Illinois law I request, once a year without court order, proof of income from non custodial parent? I have requested this but he refuses because its not on our divorce papers.

  • Julie Feb 10, 2014 @ 9:29

    My husband has paid regular child support in IL for the past 9 years. His 2 daughters (twins) will graduate high school in May of 2017. My husband and I live in South Carolina. My question is – does the State automatically terminate the withholding order when they graduate high school? Or do we need to file a petition so he does not continue to have it withheld? We have reviewed the order, and there is no termination date. It simply shows the chidrens names and birth dates.

  • Julie Feb 10, 2014 @ 9:32

    Does IL automatically terminate an income withholding order? My husband and I live in SC and his twin daughters will graduate in May 2017, however there is no termination date on the IWO, just shows names and birthdates. It has been that way for 9 years

  • Gabby Feb 11, 2014 @ 10:15

    I used the +1 button. My son’s father only pays me $40 a week. I take 18 credit hours at a local college and work part time, so my son is in daycare full time. I get a little help with the state for daycare assistance but with $40 a week, that does not cover much. Is there anyway to go through the state and not use a lawyer to get half of daycare expenses and half of medical bills?
    Thank you

  • R. Milam Feb 16, 2014 @ 15:34

    If you are paying child support to another parent that is unemployed. In Illinois is there any legal way for making the other parent have to get a job to provide income for that child?? Right now the only income is that of my 20% child support. However the other parent is living at home with her parents.

  • Robin Friday Feb 25, 2014 @ 9:08

    My GF and I lived together for 5 years and had 2 children. We recently split up and I continued to see my kids 50% of the time and purchased a home for them and myself. The mother now agrees to 50% of time a both houses but wants 28% child support. Is this something I can fight as they reside with me 50% of the time. I have the same expenses that she has and she makes 3 times what I make…

  • Donna Hofer Feb 28, 2014 @ 9:30

    My middle son just turned 18 and will be graduating high in June. I re-read the divorce decree and it states my ex-husband has to pay child support until he graduates college or age 23. Does that sound right? I just need to be sure this isn’t unusual

  • Keith Mar 6, 2014 @ 4:27

    What is the form I need to have my ex wife an the kids sing off of my past due child support?? Kids are all in there 20 an 30’s and my ex would sign off an now. I was told what the form was years ago but not sure I still have it anymore Thank you

  • Amy Mar 7, 2014 @ 15:40

    Good afternoon David,
    I recently filed for child support for my 16 year old son who has severe Cerebral Palsey.I filed years ago through the DHS office and they never pursued the case. The biological knew of my pregnancy and at one point I tracked him down to sign parental papers for treatment at the Shriners hospital. I also learned that he had another child after my son. He did sign the papers as the father.He never tried to contact me again after that. I went on with my life.I later married and my husband took my son on as his own including any financial burdens. I just received the Notice of Hearing could you please tell me the next steps I can expect, considering this is a different case that I am filing again 15 years later and that I am asking for back pay.
    Thank you in advance

  • Mr.Young Apr 6, 2014 @ 13:52

    I am trying to see if the mother goes with me to child support can I get my drivers license back

  • Marlee Apr 29, 2014 @ 3:07

    Dear Mr. Wolkowitz,
    My boyfriend of three years and I just had a baby, he’s 3 months old. He also has 9 year old daughter who’s mother has never filed for child support, but since she found out we were having a baby she filed. We think she is going to go after the back child support for the last 9 years. Is she entitled to it even though it’s her fault that she never took him to court before? What’s the best way to go about handling a situation like this? Thank you.

    • David Wolkowitz Apr 29, 2014 @ 7:00

      Marlee,

      Please click the Google +1 button on the front page of Wolkowitz.com.

      The judge has a lot of discretion in terms of back support awarded. However, I would not expect it to extend past the date the mom filed her motion or petition for child support. I can’t explain how to handle a case online – that’s what people hire me to do in person.

      Regards,
      David Wolkowitz
      312-554-5433
      Contact Attorney Wolkowitz online

  • K.M. Apr 29, 2014 @ 13:11

    A modification was completed for my son’s support. The support increased from $205.00 weekly to $1,100.00 bi weekly with the information that was received directly from my sons father’s employer. Once the new amount kicked in my son’s father did a modification supplying a copy of his “check stubs” and the amount was lowered to $299.00 bi weekly how is this poss? I filled an appeal because he had to provide them with made up check stubs. How long does the appeal take and what do you think I should do?

  • April B. Apr 29, 2014 @ 16:34

    My ex-husband and I have been divorced since 2004. The judge saw that we were civil with each other that instead of going through child support division he would give the child support directly to me. Things went well for a few years…then about 3-4 years ago, he got married. He still was paying our daughter’s support, but then there would be times where he would say ‘I’ll bring the money on Friday when I pick her up.’ But, he would bring no money. This happened numerous times and I wouldn’t see any support for her for a month and then he would drop the money off. Sometimes he would say that he already paid a month when he didn’t but was just behind a month…good thing I keep good records. That marriage dissolved. He got married again last year I believe. When I found that out I went down to child support and filed for them to take it out of his check because I didn’t want to deal with him not giving me her support for a month when it was really needed. To shorten the story down, he was going to school and had a job… his job let him go for something he didn’t do (and that resulted in him losing his unemployment; which he won the unemployment hearing on), also the child support system has him in the system for owing $25,000 back when he doesn’t (they counted from the day our daughter was born). He and I have gone down to Illinois child support office to tell them know that was incorrect and to do whatever we could to say he was up to date. Obviously they weren’t any help…so this situation has kept him out of college and his chance of getting picked through Chicago Police Dept. So, I have done what I could to help him. But, I am frustrated again. Since, we got divorced I just got married last year. My ex-husband and his wife and I are on good terms, but this recent situation has me left not knowing what to do. My daughter was receiving child support from his unemployment for $115 which is a good $145 less than original support order, but whatever. At the end of Jan 2014 or early Feb 2014, I wound up not receiving any child support for her, but I knew of a few times it was late before but showed due to the govt shutdown for example. By the end of Feb still nothing. So, i asked him what’s up are you still getting unemployment he finally tells me no. I ask for how long he said Jan was the last for him. So that made me angrier. To shorten this story even more….he decides to file a motion to modify the child support order but yet my child still has not seen any child support…she’s 13 (which means she’s growing more and my husband and I will have to spend more money out of pocket) so I leave it up to her if she wants to go with him for the weekend or not (sometimes she goes and sometimes she doesn’t). But, he tells me to meet him at the court house so that I can tell the judge to cancel the whole child support order. 0_o I wound up not going because I was sick. He has rescheduled the court date for a time that I have a prior engagement and won’t be able to make it. He said he had to tell them I was coming in order for them to reschedule. I told him what happens if I cancel it..since she still hasn’t gotten child support in awhile. He told me we can arrange something….wtf. She’s been without support for almost 4 months and you want me to cancel the order and you will possibly arrange something. Is he crazy? And then he text me 3 weeks ago asking me did I get any child support for our daughter because they took his whole income tax. I had to tell him again end of Jan this year was the last we saw anything. What should I do? I’m not sure if I should file a motion against him or whatever or him and his wife. But, also his wife works and she hasn’t volunteered any monies. And what did happen with his income tax because it didn’t come to us? when we really need it

  • Antonio Washington Apr 29, 2014 @ 19:11

    I owe $10,000 in child support and my license was suspended. But I had a CDL license? What can I do? Because I need the license to work

  • Thomas Gabriel Apr 30, 2014 @ 2:33

    Hi my ex wife was ordered to pay me support in our divorce decree. It was ordered on january 2nd 2014. I have not received any payments for support or for half of the childrens medical bills she was also ordered to pay. My ex wife has been working as a prostitute and has not been working a taxable job. Is it possible to have child support back dated to the date I was granted an order of protection? And will the courts do anything to enforce making payments?

  • Dina Apr 30, 2014 @ 7:03

    I would like to get my child support order modified. My oldest son will be turning 18 in june. There is nothing in the child support order that says that the support will decrease from 28% to 20%. Also, my ex husband who makes almost $20, 000 dollars more then I do is now living in his girlfriends house. The original order was for when he was paying rent and two school tuitions. My youngest son got a scholarship for highschool that will lower his tuition to almost half. I know I have to pay support, but its insulting to pay $1400 dollars a month to someone who makes way more money then I do. I’m struggling to make my bills. And now he is living rent free under his girlfriend. I’m going to wait till after my oldest son turns 18 then I’m going to do the modifications thing with the illinois disbursement. I can’t afford a lawyer. My question is will the court look at all things?? Including him living in his girlfriends house and the decrease to 20%????

  • Natalie May 15, 2014 @ 15:54

    My son just turned a year old. My son’s father and I just recently broke up and I’m currently living with my uncle, his wife and 2 children. I’m in the process of looking for a job and since I’m not working I can’t buy my son the things he needs like food, clothes, laundry detergent etc.. Every time I ask my son’s father for those things he gives an attitude and slacks off on getting them. It’s bad enough my uncle brought my son and I into his home when he has bills to pay and has to put food on the table and now has 2 more mouths to feed. My question is, Will I receive child support even though I’m not working at the moment. I plan on filing.

  • Taylor May 20, 2014 @ 15:56

    I used the +1 button. I have a question. My ex was ordered to pay child support begining only at the start of his new job even though he had been working all last year the state did not help me go after him for it. Or daycare. It seems as though our “advocate” Lauren volanti, is more of an advocate for dead beat dads. I cannot get through to the child support hotline as it hangs up on me for receiving too many calls. He is now 13 weeks behind and counting. I haven’t received one payment and I need hell with daycare. In Stephenson county they make everyone go to child support court at the same time and you stand in line for hours and hours before even seeing worthless Lauren. They do not tell u u have an option of seeing a judge and even so you can’t until you see her first. She is most unhelpful and really doesn’t care at all. I have supported my daughter alone for coming on four years now. I am breaking myself trying to pay for everything alone. What can I do???

  • Audrey Jun 6, 2014 @ 12:33

    I used the +1 button. My husband bought a restaurant last year. He is refusing to pay a percentage of his business income in child support, even though it’s included in our financial agreement that he must do so. He has told me to my face that he refuses, unless I let him put it into a trust for the kids (a trust he would be sole trustee of). Before I take him to court for violating our agreement, do you have any other suggestions?

    • Audrey,

      I do not have any suggestions for you. You could retain a lawyer and get the money you are ordered to receive. Your husband is apparently violating an order, and he seems to be imposing conditions on you. I guess he thinks he is the judge. When you file something in court, you will show him he isn’t. Or, you can keep letting him pretend he makes the rules. The most simple truth is that you can file something in court to change things, or don’t file anything and accept the status quo.

      Regards,
      David Wolkowitz
      312-554-5433
      Contact Attorney Wolkowitz online

  • Florida dad Jun 14, 2014 @ 11:51

    I owe 33,000 in arrears because I failed to make child support aware that my children are emancipated for three years now. My youngest was recently adopted by my ex wife’s husband . I offered to settle with her for half thinking its a fair number. My ex wife agreed she wouldn’t mind settling and call it a life but she said she would have to talk to her attorney . After she did so she responded to me by saying the court date was moved. What court date? My ex can be sneaky and im wondering if shes up to something. What can I do?

  • Julynn Oct 16, 2014 @ 14:01

    I have a friend that is going through the divorce process. They have a 4 yr old and a 5 month old child. He currently pays 1400.00 rent, utilities, cell phone, car insurance and gives her an additional 1000.00 cash a month. Also, he pays for the health care of the children. He and a friend are in business together, but it is a small business with yearly earnings of maybe 250,000, before business expenses and payroll. He makes approximately 50,000 a year, She claims that she can’t live on 1000 a month. She went back to work full time and not claiming the contribution he makes to her, has her children in free State Paid All Day, Day Care at no cost to her. What recommendation to you think I should give my friend as I think he’s being taken advantage of?

  • Gerald Feb 5, 2015 @ 10:37

    My wife is reciting at our marital property. This property is under foreclosure so she’s not paying any mortgage or rent. We currently have a temporary order for joint custody almost 50-50 for our three children and child support. She also quit her full-time job in order to have an advantage (she believes) as far as court deciding residential parent. I am currently paying her almost $1,800 a month for child support. My question is, while this is only temporary, should I be paying less child support since she’s not paying rent or mortgage at our marital property?