Legal Question in Family Law in Illinois
Child Support on a non-guardianship child
My son is incarcerated. My husband and I have legal guardianship of our granddaughter. He just received papers stating he was being sued for child support and health insurance. We are paying her health insurance, child care, etc., as she lives with us and visits with her mom. Can the mother do this? We would like to go to court against this. Can we represent our son? Should we get an attorney?
1 Answer from Attorneys
Re: Child Support on a non-guardianship child
Hello. Your grandchild's mother is taking
advantage of you. You definitely need a lawyer.
Since your grandchild is living with you and dad
is incarcerated, mom should be paying you child
support. However, chances are the court that issued the order for child support will never know the truth, until you obtain a lawyer and go
to court to reverse this grave injustice. In Illinois there is great emphasis on what is in the best interest of children. Certainly, it is
not in the best interest of your grandchild for
resources to be diverted away from your home to
mom who does not primarily care for her. If you have any additional questions, I will be more
than happy to answer them.