Legal Question in Family Law in Illinois

Hello my name is Camilla

I need all the help I can get legally.....I have a 13year old son and a 11 year old daughter. Since 2000 there has been a child support case for payments against there Dad. For years he hasn't paid any child support and just recently since 2009 I have been getting child support payment amount around $100-110.00.

In 2006 I ask for a readjust in payments through the courts.....I received a letter in the mail from child support enforcement in May saying they would readjust payment. The letters were sent to both parent to come I show the dad no show. So the court adjust my payments accordingly to his unemployement so I started receiving around payments of $326.00 in July.

We had another court appearance in July 7 the Dad show up this time saying that he couldn't afford $326.00 every two weeks but only $100 a month due to his mortgage. The hearing officer said no that way to low amount but give him and adjust to $316.00 every two weeks and for the Dad and I to come back to court in September with all of our work income.

So the dad tells the judge that I dont allow him to see the children which isn't true I have never told him that he couldn't get the kids . So the hearing officers advised him if he wants joint custody he must file a motion.

This was in July after that the Dad has came and got the kids every other weekend no problems until almost 2 weeks ago. The Dad calls and say my other children have came from out of town to visit me can I come get the kids until monday I replied sure no problem. He calls back and say I have and appoint I'll come saturday and get them replied again ok no problem. He gets the kids and the forget to get some extra clothing. Monday comes I call to check on the kids he tells me oh I'm going to take the swimming and they are going to stop by to pick up clothes etc.. No problem. Tuesday I call to ask when was he going to bring the children back he replied maybe on wednesday I tell him that my mother who watchs my children during week need to know the time and date he said the same thing.

So I let my mother know what going on and give her the dad phone number, she calls and then he tells her since I'm the father I'm going to keep the for 2 weeks and hangs up. I let thing be becuz I don't want to argue...I begin to call 2 or 3 days to check on my kids leaving voice messages on his phone to have the kids give me a call back. This goes the fine until this Sunday I call like usual leave a message they call back I talk to them for about 2-3 min this time while i was on the phone my sister was next to me and she want to say hi she does and then ask my daugther you need to know you dad addresss always know your suroundings she says good bye and hangs up..

Five mintues later the Father calls be angry and tells me Do I Have to put a harrassement suite against you.. You dont need to know where I live and beside my other 2 kids are afraid of you because 2-3 years ago you left us in Indiana Beach....

I let him know that i didn't ask for his address but he went on and on so conversation end

I call again today while this morning becuz I honestly do miss my children and left a voice message ask for them to give me a call back.. He call me back saying why are u being difficult they are sleep what do u want I say well when they wake up have them give me a call back, He return say that I'm hindering his bond with his kids and that my kids said why is mommie calling all we want to do is have fun with my brother and sister. I ask again for my kids to call me back and he starts fussing so conversation ended..

What am I doing wrong!!?


Asked on 8/11/10, 10:54 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

If he is not returning the kids, then go to the police or file an emergency motion for the return of the kids.

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Answered on 8/17/10, 10:10 am


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