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If I already have a child support case can I go back and get retroactive child support?

Rockford, IL |

I have had a case for about 2 months and I never went after the ncp for retroactive child support, after finding out he lied about his income (he was paid in cash) I feel it's only necessary. He recently got a legit job but when changing employer information they don't ask about your new income status (which was a lot more). To top it all off he just got laid off! Everyone I have talked to that has cases of their own say not to bother because nothing will change but after a year and a half without pay and with what is going on (changing jobs and layoffs) something needs to be done

Attorney Answers 3


  1. Apparently everyone you talked to did not include any lawyers You have a child support order. It is in effect until there is a change. You cannot seek a modification retroactively. If you feel the father earns more money, you should seek an increase. Now he is unemployed so this is not a good time to seek a modification. As soon as your child's father is re-employed, seek a modification. Child support can be modified only bask to the date of service of the petition to modify. Stop listening to others who collect child support and listen only to a lawyer who handles such cases on a regular basis.


  2. You're absolutely right: something needs to be done. Specifically, you need to hire a lawyer. It sounds like you're getting legal advice from friends and using the State's Administrative agency for the legal (administrative) proceedings. That's nice, because it's free. It also can be frustratingly ineffective . . . as you're discovering. The frustration goes away when you hire a private lawyer to get the job done.


  3. Nothing to add here but you get what you pay for so hire a private lawyer and get this on the right track. Do not listen to non lawyers either.

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