Legal Question in Family Law in Illinois

Child Support

My son moved in with me in October 08. Filed petition to modify residential parent and child support with the court March 09. Ex now wants the ''back'' support from the months of Nov, Dec, Jan, Feb, March while my son was living with me. She and I had a verbal agreement that I would not pay child support for obvious reasons. Since my filing the petitions she is renging on our agreement and is demanding the back child support. This is so unfair and unjust. Can I use ''unjust enrichment'' as a defense to not pay her. My son was not even living with her the months she is demanding.


Asked on 6/01/09, 7:10 pm

2 Answers from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Re: Child Support

Technically, you owe your ex child support up until the court says you no longer owe her support. OTOH, since your son was living with you and you were providing support for the child during those months, it is unlikely that the court will order you to pay her support for those months. Were I representing you, I would allege the oral agreement, your non-payment in light of your son living with you, and unjust enrichment since support is for the benefit of the minor child and not for the benefit of the other parent. Most likely she is now demanding those months because you've filed a petition asking for support. It is always better to get this agreements in writing to avoid consequences such as these.

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Answered on 6/01/09, 7:22 pm
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Re: Child Support

Technically, you owe your ex child support up until the court says you no longer owe her support. OTOH, since your son was living with you and you were providing support for the child during those months, it is unlikely that the court will order you to pay her support for those months. Were I representing you, I would allege the oral agreement, your non-payment in light of your son living with you, and unjust enrichment since support is for the benefit of the minor child and not for the benefit of the other parent. Most likely she is now demanding those months because you've filed a petition asking for support. It is always better to get this agreements in writing to avoid consequences such as these.

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Answered on 6/01/09, 7:23 pm


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