Legal Question in Family Law in Illinois

I have been paying child support since my child was born 14 years ago. It is not court ordered but a verbal agreement between the mother and me. The mother is the legal guardian. I'm about to suspend the support since my child has entered rehab and will not be living with the mother. My question is if the mother states to a judge that I have not paid for 14 years do I have the legal right to subpoena her bank records to prove to a court that support has been paid?


Asked on 9/26/12, 6:05 am

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

The fact that your child is going into Rehab does not mean that Mother is no longer supporting him. In fact, his expenses will be greater because Rehap is not cheap. Mother has every right to go back after you for 14 years of unpaid support. Whatever you were paying her was probably less than the court would say that she was entitled to and parentage cases can go back to the date of birth whenever they are brought.

You do not have a legal right to subpoena her bank records. You should be able to use your own records to prove that you have been paying her something over the years. What you are asking for is proof of what she has done with the money. Something which you are not entitled to.

I strongly recommend that you do not terminate or suspend support for this reason.

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Answered on 9/26/12, 6:16 am


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