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Can I get retroactive child support if my ex has been paying me child support checks of court ordered amount but it is not 20%?

Lostant, IL |

Divorced in 2002 in IL, divorce papers say payment of $100 wk based on $500 mo. income. He will not provide me with his yearly income and child support has not been modified previously. I know he is not paying me 20% but haven't went to court due to trying to keep peace and our son out of it. He has threatening to sue me for custody if I go to court for more support. My son is now 16 and does not want to live with my ex and change high schools.

Attorney Answers 3

  1. No you cannot get retroactive child support. You can take him to court to pay any arrearages. The arrears would be any amounts less than the court ordered amount of $100.00 per week. If he is current you cannot take him to court for retroactive increases. You can only ask for increases prospectively .

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  2. You can only get retroactive child support back to the date that your petition for modification of support is served upon your ex. If you knew you were not receiving the correct amount, you should not have excepted it 10 years ago.

    Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.

  3. The general answer is no. Retroactive child support can be ordered back to the date of filing requesting a modification. If he has not been ordered to provide you with income information on a yearly or other basis, he has no obligation to do so.
    You should seek out the services of a family law attorney in your area.

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