We will be married July 1 of this year. My fiancé child's mother now wants to take him to child support. He has always taken care of his son financially and medically, giving her cash payments every two weeks when he gets paid. He has bank statements showing his withdrawals but no receipts proving he has paid her. He buys all of his clothes and shoes, toys, pays doctors bills, and school bus service outside of putting cash in her hands. She's now taking him because of his upcoming marriage to me. She said she will tell the court that he has never taken care of their son and wants support for the past 11 years. They went to court when he was a baby and she told the court to drop the order because he was taking care of him. What legal recourse can he take to make sure there is no retro pay?
She cannot get retroactive support unless a child support order was entered. If an order was entered and he failed to pay that is a whole different situation and he most definitely can be prosecuted for nonpayment of child support for the past eleven years.
IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.
Child support is not owed until there is a court order for support. A change in child support can only be retroactive to date of fling/.service of a motion for modification.. Your husband - not you - needs to ask all the questions of an attorney in person. He should bring all his paperwork with him. Too many facts are missing and this is not really a good place to get all the advice needed.
if it is a parentage case, the parents were never married, the court could order retroactive child support. 750 ilcs 45/14b. given the facts you state, this is highly unlikely. one problem is that the dad paid cash. probably he did not get receipts. do not ever ever pay cash without getting a receipt.
have the new husband go see a lawyer.
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