Legal Question in Family Law in Illinois
child support
I have been divorsed 16years and have not raised my support much over that time. I have been very generous in paying for many extra items. One child is 20 and is in college the other turns 18 and graduates from high school this year. My decree states I pay for minor children so I assume I am finished paying after my youngest graduates. Can my ''X'' have me back pay since she allowed me to pay less than the percentage that is required, she knew I wasn't paying as much as I should but since I payed so many extras she didn't care.
3 Answers from Attorneys
Re: child support
Hello. Based upon the information that you provided in your posting, I am of the opinion that your ex spouse
cannot take you back to court because you were paying "below guidelines" child support. Both your children will be emancipated and now child support will no longer be an issue. Your ex may attempt to take you back to court, but the law is on your side, as I see it. Will be happy to discuss this further and in more detail.
Re: child support
Hello. Based upon the information that you provided in your posting, I am of the opinion that your ex spouse
cannot take you back to court because you were paying "below guidelines" child support. Both your children will be emancipated and now child support will no longer be an issue. Your ex may attempt to take you back to court, but the law is on your side, as I see it. Will be happy to discuss this further and in more detail.
Re: child support
You have to only pay what the court ordered. She can try to take you to court and have the amount changed going forward, but its unlikely. If she can prove you committed fraud, and lied to her about income, the court may order you to pay some more, but that is also unlikely. I think you are in pretty good shape.
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