-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Donald Erwin Ray's Answers
- 111 Legal Answers
- 1 Legal Guide
1
Attorney answers:
Under IL child support laws, when does child support payments stop
There is a difference between court ordered child support and an order to pay for post majority expenses. Current child support by operation of law, 750 ILCS 5/505 terminates when the child turns 18. When the court order which set support was entered a date was required to be listed as to when support was to stop. This date can be extended as a post majority expense and likely will be extended if the child now adult is still attending high school at the age of 18, and will continue until...
20 people marked this answer as helpful
2
Attorney answers:
Requirement to pay child support if collecting unemployment in IL
I assume that you are currently ordered to pay child support and that such order was entered based upon a previous work history. You are required to comply with the order regardless of any personal situation you are in until there is a new order either reducing, abating or terminating your obligation to pay current support. When you filed for unemployment you should have informed the office that you have a child support order and in turn you would be awarded an additional dependent allotment...
6 people marked this answer as helpful
1
Attorney answers:
Non-custodial parent moves out of state
There is no bright line test or statute which provides factors as to who is responsible for such travel costs. The court would hope that the parties would be able to negotiate a compromise but as in most cases this does not occur. If this issue was brought before the court it is likely that the Judge would order each party to mediation which in turn has a cost associated with each session. That cost may be a basis to just reach an agreement without the mediation. If mediation is attended...
5 people marked this answer as helpful
1
Attorney answers:
Child support after 18 years old
No. Child support stops at 18 unless the now adult child is completing high school. The adult child or her mother can file a petition asking for post majority expenses ( college) pursuant to state law 750 ILCS 5/513. This determination is different that child support and is not required like child support is.
4 people marked this answer as helpful
2
Attorney answers:
IL child support laws, retro active child support
The response to your question depends on what you mean by "retroactive child support". In Illinois a party can file a petition seking child support and request that the court consider awrading retroactive support back to the child's birth. The court must coinsider the factors of state law 750 ILCS 45/14. The court is NOT required to order that youay for the period of time prior to the petition being filed asking for the support in the first place. However the court MUST order that you are...
3 people marked this answer as helpful
3
Attorney answers:
Is an inheritance received prior to divorce considered community property in state of IL
inhertited property is non marital in Illinois...in short it is all hers if she keeps it separate.
3 people marked this answer as helpful
3
Attorney answers:
Reduction of child support in lieu of new order
In reality much of what will eventually happen depends upon the Judge and how tough he/she may be in the event the amount he is paying is less than what any new modification may produce. Due to the timing of the issue and the possible tax refund already being used you may consider filing a motion to have any refund he may have received be held in trust until a final determination of the support amount is ordered. If the State of Illinois has been involved I suggest you send a copy of the...
1 lawyer agreed with this answer
2
Attorney answers:
Do you have to get a divorce in the same county where you were married
No. You can get a divorce in any county in Illinois. If a battle of counties becomes an issue the county that will likely control is where the marital residence is and or where the children reside.
2 people marked this answer as helpful
2
Attorney answers:
Can child support enforcement take federal student loan money to pay past due child support
Yes. The state can and will put liens on bank accounts. The fact that such funds were given by the federal government to pay for college will not stop the lein. I suggest you file for an hearing under the administrative hearing process as fast as possible. My thought is that you will not win though.
2 people marked this answer as helpful
1
Attorney answers:
Is a parent responsible for child support after child begins college under IL child custody laws
Child support terminates by operation of law at age 18. If the adult child is still attending high school the court would likely grant that the amount as ordered for current support continue to the age of 19 or finish high school which ever occurs first. If your child is now 19 stop paying support unless there is a court order requiring you to do so to a specific date in the future.
2 people marked this answer as helpful