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Retroactive child support

Streamwood, IL |

I came from Ukraine in 1996. I divorced my wife there and right after has moved to USA. I live in Illinois. My ex-wife moved to NY, where she lives right now. We have a daughter who lives with her mother(my -ex). Ex always hid her location and I was not able to reach her. She never filed for child support since she came here 13 years ago. Now 13 years later my ex is trying to get me to sign an agreement for my daughter to travel oversees and she is treathening me with filing retroactive child support. Can she do that? If yeas, how many years back in Illinois and NY she can go? What can I do about it.? I'm citizen of US. I know she was going trough 2 courts already to establish custody over the child, but court did not approved it. Thank you

Attorney Answers 2


Retroactive child support in Illinois can be sought retroactive to date of birth. Visitation and child support are unrelated; however, you are not immediately subject to retroactive support. A number of factors will determine that at a hearing.

If she has filed a case here in Illinois, you'll want to retain an attorney to assist you in establishing your parental rights, obtaining a visitation order, possibly fighting for custody, and ensuring that the court fairly calculates any child support obligation.

James Rowe is an attorney with The Law Firm of Rowe & Associates in Illinois. He can be reached at (312) 345-1357.

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I respectfully disagree with my above colleague on this issue to the extent of "when" support can be backdated.

Although it is "theoretically" possible for her to seek backdated support, it's almost impossible to get. 99.9999% of the time it's backdated to the date the petition was filed.

Either way, talk to an attorney in your area. Contact the local bar for a list that fit your needs, and best of luck!

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