Legal Question in Family Law in Illinois

My ex husband returned to work in January of 2012 from 2 years of workmans comp. I would like to request having my child support back dated to the proper amount. I have a court date on May 17 scheduled, however, my attorney says I can only get back pay from the time I filed the motion. Why is this?


Asked on 5/03/12, 8:06 am

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

The statute only allows retroactive support to the date you filed your petition for an increase in support. You should have filed while he was on WC if you wanted to receive support based on what he was receiving at that time.

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Answered on 5/03/12, 8:10 am


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