Legal Question in Family Law in Illinois

i'am divorced from my husband but we have been back together for 14 years.If we were to split up i have two children 15 and 19 the 19 year old is in college.Would he still have to pay child support for the 19 year old since she is in school?Also can i get him for any alomony because i have lived in a certain life style and if i leave i will not be able to afford the life style i live in now,it will be a financial struggle if i leave.


Asked on 11/10/10, 11:58 am

1 Answer from Attorneys

1. Whose children are they?

2. Are you remarried or just living together?

3. What did the original divorce decree say about child support?

Illinois does NOT recognize "common law" marriages (i.e. people just living together, no matter how long). It does recognize business partnerships, however, but because the public policy is so strong you can't get "divorce" style relief from a non-marriage situation. So first you need to look at your divorce decree and see what he was legally responsible for. If he's lived up to it to date that's a good thing; if he hasn't you or your children may have recourse. Ditto if any of the obligations were yours.....Time to see a divorce attorney ---- again???

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/16/10, 7:28 am


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