Legal Question in Family Law in Illinois
Am I still able to get retroactive child support?
My husband and I were seperated for 6 months, during that time I dated another man and became pregnant. We ended up getting back together when I was a few months along. My husband was aware of the situation, and the biological father knew my son was his. However, my husbands name is the one on the birh certificate. We were hoping he would just stay out of the picture, but he has since set up visitation and child support through court. Curious if I can still get retroactive child support dating back the four months to my sons birth. The biological father is saying I can only get him for support from the time he established paternity (when my son was 4 months)
2 Answers from Attorneys
Re: Am I still able to get retroactive child support?
It is possible because the statute says so. However it is unlikely because your time to seek such retroactive support would have been with your responsive pleadings which led to the court order establishing support.
Re: Am I still able to get retroactive child support?
First, I find it a bit unseemly that you are actively looking to get 4 lousy months of child support from the bio father, given the situation you have placed everyone in. It is pretty clear you are doing this to get back at the bio father for wanting to see his child. Since he is the biological father, he has a right to see his son, and you should promote that bonding, as required by IL law. That being said, you can ask for retroactive child support form the court, and it will base its decision on several factors. The money needed to pursue it is probably not worth it, although you may, as you state, "get him for support". I wish the poor child the best of luck. Relatedly, these legal problems are best avoided by married women using protection while sleeping with men other than one's husband.
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