Legal Question in Family Law in Illinois

My ex-wife declined child support during the divorce process 3 years ago. I still give her money for them, buy lots of needs/wants, and am involved in their lives heavily. Ex-wife refuses to work so receives government assistance. When ex gets mad however, she threatens to take me back to court to get child support. Can she do this? Divorce decree says any changes need to go through a mediator. Would this be included?


Asked on 3/04/14, 1:41 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Your ex-wife can take you back in at anytime to get an order for regular child support. It sounds like you got a joint custody agreement for your child(ren) and issues of visitation, schooling, etc., would need to go through a mediator, generally financial issues such as child support do not need to go to mediation. If you want "free" of this conflict, you may want to take her back to court and get an order for a set amount of child support that is based on the number of children involved. Also, if your wife receives assistance, there is nothing preventing the "government" from coming after you for reimbursement for the monies provided to her for the support of your children.

Bottom line is that you need to consult a lawyer as soon as possible before this situation gets really out of hand.

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Answered on 4/13/14, 4:25 am


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