Legal Question in Family Law in Illinois
Child Support Deduction
My daughter lives with her father (my ex). He does not work and is trying to get disability. I pay child support each month and on time. My daughter sees none of the support - I buy clothes, shoes, coats, etc. for her. He owes me his 1/2 share for medical, dental, and optical expenses incurred over 5 months ago (the amount is just a little over one month's support). My question is can I legally ''deduct'' this from the child support I pay until it is paid in full? If not, how do I get blood out of a turnip? Thank you.
1 Answer from Attorneys
Re: Child Support Deduction
Carefully read the Final Judgment portion dealing with child support. If your withholding of part of the child support because you have not been compensated for his share of the medical expenses is consistent with the Final Judgment, you should take that action. Since the obligation is part of support and has not been paid for 5 months, your action is justified. Explain your action in writing to him. If he threatens to take you to court (unlikely), you have a good defense for your action. You are advised to consult with a local family law attorney if the issue goes to court.
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