Legal Question in Family Law in Illinois

My son is going to be twenty five, born here and his ex girl friend is here since 2005 illegal and they have a daughter who will be three in September, she wont let us see her, now she is living with a chicago cop, and wont answer her phone or text messages or tell us what apartment she lives in, we know the building, and where its at. Can you give legal advice? He would like to start paying child support since he just started a job a couple of weeks ago.She does work cleaning houses, but gets payed cash and has friends cash her checks for her.


Asked on 4/12/13, 11:03 am

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

Is he on the birth certificate? Did he sign a VAP? If the answer is no to both, then he must file an action to be declared the father and seek either custody or visitation. If the answer to both is yes, he still has to file a Petition seeking custody or visitation. He may be liable for child support back to eh date of birth, but will be responsible for support back to the date he files anything. So he should be putting 20% of his net income away for the support of the child. Her income is really not relevant unless he gets custody and is seeking support from her.

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Answered on 4/12/13, 2:29 pm


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