Legal Question in Family Law in Illinois
i have custody of my children, recently they went for visit to father and have decided to stay living with father, nothing has been changed on the divorce papers and child support is still being deducted from fathers payroll, am i allowed to keeep this child support until he makes changes to custody and divorce papers?
Asked on 12/07/10, 8:56 am
1 Answer from Attorneys
Jonathan Shimberg
Shimberg and Crohn, P.C.
In theory yes, but you leaving the children with him may give a basis for arguing against the money being due under what is known as an estoppel theory.If it comes out of his check and does nothing he is not entitled to a refund.
Answered on 12/13/10, 5:52 pm