Legal Question in Family Law in Illinois

Re: child support

It appears that you are currently in a very difficult situation. To proceed and have your husband start owning up to his responsiblities as a father, you will first need to prepare a Petition for Dissolution of Marriage. Once that is prepared and properly filed, you will then be able to proceed with acquiring support for yourself and your child. Further, depending on your circumstances, he may HAVE to move out of the marital residence.

Hopefully this helps in your cause. Should you need any further assistance, please contact my office and we can schedule a meeting. (847-489-2248)

Michael Przybylski

Attorney at Law

Child and spousal support

Yes, you CAN get support from your husband. After the divorce action is filed but before it is completed, you may be able to receive temporary child support and/or maintenance (i.e., alimony). Certainly, after a divorce is concluded (if you are awarded custody) he would have to pay child support to you. You might also qualify for maintenance.

Illinois also has a law which makes it a crime to neglect to support one�s family (�Non-Support of Spouse and Children Act�; 750 ILCS 15/1, et seq.), and it applies even in situations where no divorce action has been filed. The enforcement of the provisions of the Act is handled by the State�s Attorney for the county where you live, or by the Illinois Attorney General).

Your husband is also liable for the payment of any credit extended to you or your children which are for family expenses (life necessities and education of minor children) (you are also liable), under Section 15 of the Rights of Married Persons Act, 750 ILCS 60/1, et seq.

Once you have a court order for support in place: You may be able to have the support automatically withheld from your husband�s paycheck. If he obtains money from non-paycheck sources, you can usually attach that income stream too. His house, car, and other possessions can be seized and sold to pay support. A judge can throw him in jail for failure to pay. He can have his drivers� license suspended for failing to pay.

You have the right to support if you need it. Your children have a right to support. See your local State�s Attorney or consult a lawyer for advice.