Legal Question in Family Law in Illinois
illinois child support overage
Since 2000 I have been paying my mother's daughter 20% of
my income (including bonuses) adjusting it to the correct
amount whenever I have recieved a raise. I have also paid for
medical, extra-cirricular activities, clothing and the like. My ex
asked me to give her the checks directly as the court took too
long to disperse them. The original court order was to pay her
121.00 bi-monthly and I am currently paying 410.00 bi-
monthly. She has taken me back to court and is claiming that
I have not been paying (I have documentation of my checks
to her) and is also trying to sue me for college expenses
among other things (our daughter is 18). My question is can I
be held in arrears by the court or would the court view me as
overpaying?
1 Answer from Attorneys
Re: illinois child support overage
Anything you have paid over the amount ordered is considered a gift. I seriously doubt that you will be adjudged in arrears. You will have to pay for a portion of college for your daughter. That is based upon ability to pay. Your ex will also have to pay a portion. My advice is to hire an attorney.
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