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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.

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Attorney answers 3

Posted

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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Posted

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.

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Asker

Posted

What if I now believe he lied about the initial amount he said he was making in 2002 to the lawyer? I do not have proof of what he was making at the time as we were separated for quite awhile before we filed. In addition, he has never provided me with proof of income when I have asked.

Asker

Posted

Can he be made to provide the proof of income now?

Judy A. Goldstein

Judy A. Goldstein

Posted

Yes, he can be made to provide proof of his current income.

Judy A. Goldstein

Judy A. Goldstein

Posted

You should have had a lawyer then and you should have a lawyer now. You are doing yourself no service.

Asker

Posted

Actually what I did then was try to be a good mother who did not want to make things difficult for her son. I tried to be the bigger person so my son could learn that divorced parents do not always have to fight with each other. Because I did not want to constantly go back and forth to court against my ex fighting over money, my ex and I have gotten along the best we could to show my son that he is loved by both parents. I have seen too many divorced parents constantly fighting and it has a huge impact on the children. Both my ex and I are remarried. Unfortunately my husband now has some serious health issues and money is now an issue for us. I am going to go to a lawyer now to increase child support so that I can continue to provide my son with what he needs. I was hoping to get some of the back support not to be vindictive but to be able to pay my lawyer fees. So yes, I may have sacrificed child support income over the years but I believe what I gave to my son was ultimately more important.

Posted

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.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

It is actually the date of serving notice not filing.

Roger William Stelk

Roger William Stelk

Posted

Right. Assumption being notice is given upon filing.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

Ok that is true with the new electronic filing. But again the statute no longer reads filing but notice.

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