Legal Question in Family Law in Illinois
Child support arrearage
What discreation does the court have to award relief for the period during which one was incarcerated (1979 to 1999).
I was incarcerated 20 years. Divorced with 2 children ages 4 and 6. I had no means to make support payments. I was recently released. Now the Department of Public Aid is pursuing the delequent child support.
1 Answer from Attorneys
Re: Child support arrearage
My understanding is that the Missouri court has no authority to give you any relief. At the time of your incarceration you could have obtained legal counsel to file a motion to modify the child support order under the circumstances, and you child support obligation probably would have been significantly lessened. The fact that you were incarcerated does not mean the your children do not deserve child support.
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