Legal Question in Family Law in Illinois

I have shared custody of my son w/my ex. We spent 2 years in court after I became unemployed and I attempted to have my child support adjusted. In the end, after he lied in court, it was determined that he made an overpayment to me and he doesn't have to pay me child support until that overpayment is paid back. My son lives with me 99% of the time & my new husband supports him. We got married a month ago & now my ex wants the overpayment in full. Is my new husband responsible to pay it? I only work part time and don't make much.


Asked on 11/04/12, 11:30 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Your new husband's income and assets are not touchable. If the court already made a determination of how the overpayment was to be repaid, by not paying you current support, then that is what controls.

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Answered on 11/05/12, 4:12 am


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