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  • retroactive child support-IL Illinois

    Finally have an answer. Thank you.
    Last edited by mother of 2; 12-01-2006, 07:00 AM.

  • #2
    I don't think the fact that she may have been deceptive in any way will make a difference. He was dating her, they had sex, she got pregnant. He should have requested a paternity test once the child was born. But hindsight is always 20/20.

    As far as what to expect, court in my Illinois county (not Cook) is fairly laid back, and the judge was understanding and patient with people who went pro se. You shouldn't be terrified, as long as your husband doesn't drag his feet. Asking that he NOT pay support would not be a good idea. But as far as what to expect, the judge doesn't want to hear any he said/she said. Your husband is the father of this child. You can expect that support will be ordered, including back support. The judge doesn't want to hear her excuses either, but that's not the point. The point is, they are parents of this child, they are both responsible.

    Are you also planning to set up a visitation schedule? If so, this means that your husband will be able to be a real father to this child, not just a check. And you will have the opportunity to be a step-mother, which can be a really great thing for the little one.

    Best of Luck.

    Comment


    • #3
      Originally posted by MomofBoys View Post
      I don't think the fact that she may have been deceptive in any way will make a difference. He was dating her, they had sex, she got pregnant. He should have requested a paternity test once the child was born. But hindsight is always 20/20.

      As far as what to expect, court in my Illinois county (not Cook) is fairly laid back, and the judge was understanding and patient with people who went pro se. You shouldn't be terrified, as long as your husband doesn't drag his feet. Asking that he NOT pay support would not be a good idea. But as far as what to expect, the judge doesn't want to hear any he said/she said. Your husband is the father of this child. You can expect that support will be ordered, including back support. The judge doesn't want to hear her excuses either, but that's not the point. The point is, they are parents of this child, they are both responsible.

      Are you also planning to set up a visitation schedule? If so, this means that your husband will be able to be a real father to this child, not just a check. And you will have the opportunity to be a step-mother, which can be a really great thing for the little one.

      Best of Luck.
      Unfortunately, this is not a little one, it's a 12 year old...

      I haven't seen these cases in IL, in TN they are very limited to the amount of back support they can go after. Good luck!

      Comment


      • #4
        Sorry -- I was under the impression that the child was younger. That said, a 12 year old can still benefit from a relationship with your husband and yourself as a step-mother. I would still seek visitation.

        Your husband will still be liable for some back support, and I think at least going back 18 months since he was served would be reasonable. Why did almost a year pass between the time he was served and the time he had a paternity test performed? And why have you already spent so much on an attorney? Has your husband been fighting the case? The 11 months since he found out the child was possibly his and the actual paternity test could pose a minor problem if your judge sees that as your husband dragging his feet.

        I guess what I'm saying is, don't put up an unreasonable fight. The judge will not reduce child support or back pay just because his mom is a jerk, because it's about the child, not the parent. The judge will follow the guidelines for back support.

        Comment


        • #5
          If I am reading Illinois law correctly, then the mother can only sue for back support going back to the time when your husband was first informed that he was the possible father (you said is was April 2005), so I would expect that (about a year and a half worth).

          Don't worry yourself into an ulcer. Often the fear of going to court can get your worked up and angry. But the system, imperfect as it is, is there for the child. Judges can be overworked, but in my experience, the judge was very reasonable and made me feel comfortable. Also, you will be amazed at how quickly the entire proceeding goes.

          But, if at any time you feel like you just can't compete with her attorney or they are tring to deceive you, you will need to retain one of your own. Can the military help? Otherwise, flipping through the phone book and making a lot of calls can really help out.

          Comment


          • #6
            one more thing

            And remeber, the judge in NO WAY OR FORM wants to hear her story about thinking your husband was sterile, either. She had a responsibility to inform your husband when she got pregnant, and the judge will know this. He won't order 3 years of back support if the guidelines forbid it.

            Comment


            • #7
              Originally posted by MomofBoys View Post
              If I am reading Illinois law correctly, then the mother can only sue for back support going back to the time when your husband was first informed that he was the possible father (you said is was April 2005), so I would expect that (about a year and a half worth).
              Does this mean that a paternity test did not have to be performed. Say you have a father that has not paid anything for his 7 yr old child since he was born. His name is on the birth certificate so he has acknowledged he is the father. Can you go back for back child support? He has not called, wrote, visited or paid any money. I am sure this falls under abandonment but would like to know if someone could get him to pay back child support. He has been in and out of jail for assult, drugs and other things a real prize winner. (Illinois)

              Comment


              • #8
                In Illinois, there is no maximum time limit that retroactive support may be ordered. However, at the same time, a court is not required to order retroactive support. In determining if RCS should be ordered a court will look at a number of things, including the past behavior of both parents, the effect RCS will have on the parent who is ordered to pay, if the non paying parent has been actively avoiding paying support, and how long and why it took so long to file for child support.

                In other words, it in the judge's discretion.
                HOOK 'EM HORNS!!!
                How do you catch a very rare rabbit?
                (unique up on him)
                How do catch an ordinary rabbit?
                (same way)

                Comment


                • #9
                  Originally posted by mommyof4 View Post
                  In Illinois, there is no maximum time limit that retroactive support may be ordered. However, at the same time, a court is not required to order retroactive support. In determining if RCS should be ordered a court will look at a number of things, including the past behavior of both parents, the effect RCS will have on the parent who is ordered to pay, if the non paying parent has been actively avoiding paying support, and how long and why it took so long to file for child support.

                  In other words, it in the judge's discretion.
                  Hello mommyof4,

                  What is RCS Retroactive Child Support? Ok I do understand your point above it is at discretion of judge and his findings with all the stuff listed above thanks.

                  If I wanted to adopt this child that no paternity test has been performed and he has not called, wrote, visited or paid any money. Do I need to even worry about getting his consent since there is no legal bond or ties to him even being the father? If I do should I file for child abandonment? Or what should my next step be? Sorry that I got off topic to original post this is just next set of questions to your answer above.

                  Comment


                  • #10
                    Originally posted by iamtgo3 View Post
                    Hello mommyof4,

                    What is RCS Retroactive Child Support? Ok I do understand your point above it is at discretion of judge and his findings with all the stuff listed above thanks.

                    If I wanted to adopt this child that no paternity test has been performed and he has not called, wrote, visited or paid any money. Do I need to even worry about getting his consent since there is no legal bond or ties to him even being the father? If I do should I file for child abandonment? Or what should my next step be? Sorry that I got off topic to original post this is just next set of questions to your answer above.
                    Is this the same child that was referred to in your other thread? The one with a CS order?

                    If so, then the father will have to be notified, give his permission or it will have to go to court for a court to terminate rights and allow adoption.

                    Comment


                    • #11
                      Originally posted by xena View Post
                      Is this the same child that was referred to in your other thread? The one with a CS order?

                      If so, then the father will have to be notified, give his permission or it will have to go to court for a court to terminate rights and allow adoption.
                      xena

                      No this is actually another child different father.

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