I started a child support case in December on an individual through HFS. After the DNA testing was completed a hearing was set for 3/1. This person has two other children with another woman whose last hearing was Feb. 2016, where the order stated child support was abated/disallowed. I complied months worth of evidence to show the defendants income and gave it to the Atty gen office/ lawyer handling my case several weeks ago. Now out of no where less than a week ago, a DHS petition was filed for the other woman and we both have a hearing today. I believe they are using the evidence I gave them for MY case for her. Is that legal?
As stated in the statute, the lawyer for the State is not your attorney. The information sheet on the child support program provided at the time someone requests assistance states:
"Your case may go to court. If it does, the Department will be represented by attorneys from either the Illinois Attorney General’s Office or the county State’s Attorney’s office. These attorneys represent the Department only and do not represent you, your children, or any other party. There is no attorney-client relationship and any discussions between attorneys and you or any other party will not be considered confidential or privileged under Illinois law. When your case is being prepared for court, you will be asked to read and sign a disclosure statement which more fully explains the role of the attorneys used in child support matters for the State of Illinois.
If you want legal representation, you should consult a private attorney. If you are already working with a private attorney on your child support needs, signing up for HFS child support services could provide additional services to you and your family. You can work with your attorney and HFS at the same time."
The Attorney General's office represents the State, not you. Information obtained by the State about the father may be used however the State determines.
Your real question is why should 1st mom get more child support as a result of your work, when the result to you will be reduced support. On one level, each mom should get what she is entitled to keeping in mind that first kids come first. On a different level, mom's have adverse positions, and had states attorney known from the beginning that they represented the first mom, they should not have taken your case and you would need to hire your own attorney. At this point, you can either ask the state's attorney to withdraw as your attorney, withdraw as attorney for both mom's or do nothing.
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