Legal Question in Family Law in Illinois

I went through the Illinois child support to get support for my daughter last year. She was 16 at the time. She is now 17 and a senior in high school. I did not ask for child support for all of those years because her father and I had an agreement that he would pay for her college. Now he is not holding up to his end of the deal. Can I go for back child support now? Will the Illinois Child Support agency(attorney general's offfice) do this for me? I don't have the money for an attorney.


Asked on 2/25/10, 12:28 am

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

Assuming yu have never filed a paternity action prior to this one, you are entitled to support back to the dtae he is served with summons. The Court has the power to enter support retroactive to the date of birth, but it is an extraordinary remedy that is not given in every case. You have to show you did not know where Daddy was living, so that you could not pursue support, Your oral agreement that he would pay for college is worth the paper it is written on, but the law does allow you to seek college contribution from him. I do not think the state will represent you in a college support petition (It is not child support).

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Answered on 3/02/10, 3:54 am


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