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My daughter is now 18 but over the past several years I have requested a modification to child support thru IL. Child Support

Urbana, IL |

Enforcement because she has gotten the same amount since she was 3yrs old. They have never modified it. My daughter was his first child but I have recently found out that his other children which have different mothers have been receiving considerably more support over the years even know we all have gone thru the same IL Child Support system. My question is how is it possible for those children to receive more support and my modifications to be denied even when my daughter had growing medical expenses? He is about $4000 behind currently I have requested they do a current job search but they say they won't because he currently pays $20 a week thru one employer which is a very limited part time job he keeps so they will not touch his other income. Can they do that, what can i do?

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Attorney answers 3

Posted

we cannot tell you why your previous petitions to modify child support were denied. they were. that is unfortunately the end of it.

if she is now 18 and out of high school, you are not entitled to any more support. but, if you have a petition pending, the court could go back to modify the support from the date of notice of that petition until the attaining of age 18 and high school graduation.

if he is $4000 behind, he owes you that plus interest on the back support at 9% from the end of the month each payment was due until paid in full. i suggest you hire a lawyer on a contingent fee basis to collect the arrearage and the interest. he could also be held in contempt even tho you daughter is now 18. the statute says so.

Mary Katherine Brown

Mary Katherine Brown

Posted

Again, the highest regard should be given to the information provided by the attorneys from your same state.

Judy A. Goldstein

Judy A. Goldstein

Posted

And as usual, the attorney from New York contributes nothing to the Illinois request.

Posted

You mentioned "they" several times but we do not know who "they" is. If you daughter has attained the age of majority, there is little you can do. You should have hired a good lawyer as much as 15 years ago. You can hire one now to go after back child support plus interest. If your daughter is going to college, you are entitled to ask for contribution to child support too. It is very unfortunate that you relied on someone who did little for you but part of that is your fault for not being a little more aggressive over the years.

Asker

Posted

When I referred to they I was talking about the Illinois State Child Support Enforcement Division which is who handles going after the non custodial parent and obtaining the child support order.

Asker

Posted

I was always referred to go there and fill out modification papers so their dept could handle them.

Mary Katherine Brown

Mary Katherine Brown

Posted

The attorneys from your same state are the best source of guidance and up-to-date information. Good luck!

Gary L. Schlesinger

Gary L. Schlesinger

Posted

if that is true, why do you post to illinois questions?

Judy A. Goldstein

Judy A. Goldstein

Posted

gs - This is an old post that was resurrected because a troll posted something. Her messages were removed. Ms. Brown has not posted to an Illinois inquiry in quite some time.

Asker

Posted

Mrs. Goldstein, I am not a troll, but another avvo user and our names don't show up. Ms. Brown's posts are always the same and all over avvo. Merry Christmas to you!

Judy A. Goldstein

Judy A. Goldstein

Posted

You have misunderstood. I requested removal of a message earlier today for abuse of Ms. Brown. Apparently you did not see the messages.

Posted

I agree withe previous answers. You cannot go back now to request modifications since your daughter is emanicpated (unless she still has a senior year of high school), then you may be able to request an increase, but depending on the length of time the increase would be and his earnings, it may not make economic sense. As suggested before, you should get an aggressive attorney to go after his arrearages and the interest you are owed. Best of luck.

Any answers or information provided is for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the legal issues. This is not intended to create a attorney-client relationship. Each individual's situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state for specific information.

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