Legal Question in Family Law in Illinois
Child Support Collection
I have been divorced for 8 years. My ex huband has not kept up his payment for the children as outlined in our divorce decree. He makes payment when he can afford it and for what ever amount he decides. I can not afford an attourney nor am I willing to pay 33% to an agency. I am interested in finding out what my rights are. Have I waited too long to try to collect? Can I ask for the total amount due for the past 8 years. Do I have to retain a lawyer or can I complete this process AND more importanly collect back owed money as well as ensure future payments via payroll deduction? Thank you for your time. I look forward to your response
2 Answers from Attorneys
Re: Child Support Collection
If he has a job, some attorneys will work and collect their fees from him. You have not waited too long if there is a Court Order for child support. If there is not an order, you should get one immediately.
Do not go to the agencies that charge 33%, I have never seen where they actually do anything except cash your checks when he pays on his own.
If your divorce is in Cook County, feel free to call me and I can give you more specific advice based on your particular circumstances.
Re: Child Support Collection
No. Yes. No and yes! You have not waited too long. You can ask for back child support. You can get a wage garnishment to ensure future payments and some attorneys, like me, will take the case and accept fees later if he has a solid background that one can be sure of finding reward in! Otherwise you must go into court and file the petition and other paperwork. Some courthouses have people who can help you witht his task. You don't have to have an attorney for anything. However, in some cases, it may be advisable. Often, in emotional cases such as this one, it is wise so that you don't have to deal with the other party directly.
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