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What are the odds a Cook County Judge will order me to pay child support+daycare expenses PRIOR to the date the case was filed?

Chicago, IL |

The mother was married at the time of the child's conception . They divorced 2 months prior to the baby being born . The child is now 27 months old . Shortly after the baby was born she told me it was not mine it was the x - husbands . We broke up and I did not hear from her again till I was served in August 2012 to appear for child support . I filed pro - SE and I requested a DNA test . Results are I am the father . Went back to court last week and I agree with the DNA test and agreed to 20s of net pay . So temp order to pay 80 . a week . My other child 15 receives 85 . a week . My net income is $ 400 per week . The two amounts above I can do . I can't afford daycare costs in addition to these amounts . I am also willing to watch the child days as I work nights . Joint custody possible ?

I can't survive on less than the $235 a week I now have left over after both child support orders. She does not comprehend this? Also I feel If she wants daycare instead of me raising the child during the day then that's an unnecessary luxury that she should pay for? I raised my 15 year old for the first five years during the day while mom worked and she is a straight student in accelerated classes, well rounded, and looking forward to Stanford. As opposed to the daycare which mom told me "Every week he comes home with either a scratch, a bruise, a cut, a illness, or this time a bite mark." Wow really? She thinks he needs to be there? I don't get it? Makes me wonder if shes just trying to get a daycare money judgement and then send the child to her moms and pocket the money? Is there any attorney that could work with me on a payment plan or an affordable rate that I could reasonable request help from friends and relatives to pay for?

Attorney Answers 3

Posted

Keep looking for an attorney. You can click on the Find a Lawyer tab above for many lawyers in your area. Call Prairie State Legal Services. Call your local bar association. Call law clinics at the local law schools.

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Posted

Joint custody is possible. You also may be able to watch the child during the days and that would go a long way toward minimizing your support obligation. There are a couple of cases that cna be used to put that argument together.

One question: if you work nights and watch the child during the day, when would you sleep and get things done (shopping, cooking, cleaning, laundry, paying bills, etc.)?

Anyway, there is a way out of this mess and you can probably avoid past due support with a well-crafted argument. You'll almost certainly need an attorney.

Questions? Call -- 312-987-9999 -- no charge, no obligation.

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Posted

It is extremely unlikely any reduction in support would be achieved. Your financial situation is dire, but so is the situation of the children.

You have taken the DNA and it confirms the child is yours. I would recommend you preserve your limited funds and avoid litigation.

The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.

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1 comment

Luke D. Kazmar

Luke D. Kazmar

Posted

Furthermore, the odds that the Parentage Court will have you pay for child support and child care are significant--however, a complete answer cannot be given upon the facts you provide. But the bottom line is you filed a parentage action, wherein retroactive support expenses are ordered where appropriate.

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