Legal Question in Family Law in Illinois

child support when custody changes

my daughter is 14, her father has custody on paper only - she has never lived with him, she has always lived with me and would never want to live with her father (we had joint custody up until a year ago when he wanted it changed on paper) I agreed to it because I didn't want to go to court over it, since nothing has changed. he does not pay me child support and owes me back support of $8,000 that he promised to pay me by signing a non-legal document that we agreed to. is there anything I can do about getting my money?


Asked on 12/08/04, 12:15 pm

2 Answers from Attorneys

Kevin Plachta The Law Office of Kevin F. Plachta

Re: child support when custody changes

What does your divorce decree/settlement say regarding child support? If is says that he is responsible for child support and has not paid then you need to take action to collect the past due amount and future payments.

There are several places you can turn to for help. You can contact the clerk of the court of the county you live in and they can provide you with answers or you can go to www.ilchildsupport.com. This website is to the Illinois Dept of Public Aid (although they help anyone regardless of income)and you can apply for them to help you.

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Answered on 12/08/04, 1:54 pm
Michael Perez Law Office of Michael A. Perez

Re: child support when custody changes

You can go back to court and ask for a rule to show cause against the ex. This process asks the court to hold him in contempt of court for failure to pay. If found guilty he could be ordered to jail, ordered to pay the amount in a specific period of time or over a short period of time. The court can allocate attorney's fees and can add up to 20% as a one time penalty. i can help you in this case. I charge $250 per hour and would need a retainer of $950 to begin this matter. Please call me at your earliest opportunity so we can discuss this matter.

Michael

773 772-8989

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Answered on 12/08/04, 1:57 pm


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