Legal Question in Family Law in Illinois
I live in IL, I have a 9 year old son with my ex. We broke up 5 years ago and since then I have been paying her child support on a montly basis, mostly in cash. We do not have a child support order and were never married. I am now trying to regain visitation with my son as well as obtaining a child support order. My one concern is that she may claim I havent paid over the last 5 years because I have paid cash for the most part and there is not much of a paper trail. Is it possible for her to try and collect retroactive child support considering we do not have a child support agreement and we were never married?
2 Answers from Attorneys
File first, attach an affidavit stating what you've done. No guarantee, but it'll help you case. Better yet, get a lawyer to handle this for you.
The law allows retroactive support in a parentage case, back to birth. You are at risk. If she claims you have paid nothing, you have no proof. No more cash - get receipts.