Legal Question in Family Law in Illinois

Can I be sued?

My ex-husband is suing me for child support paid during which time our 17-year old son was enrolled in the Job Corp. He contends that since our son was away from home (San Marcos, Texas) that he should be reimbursed child support for the months he was enrolled. It was a mutual decision to send him to Job Corp. because he was flunking out of regular high school and had only earned enough credits to qualify him as a freshman although he was in his third year. We had a verbal agreement regarding this plan (although he is denying this, hence this lawsuit) and that it was in his best interest. Can I be sued because he was not technically residing with me? If so, what legal remedies do I have at my disposal?

Secondly, when our son was dismissed from the Job Corp., he made the decision to live with a friend because my house rules were too rigid. Am I responsible because he ran away? Our Divorce Settlement Agreement provides that emancipation is deemed to have occurred if the child no longer resides with the custodial parent. Although he was away from home for a period of about four months, he is back at home now. Does the child have to be gone for a specified period of time to be considered emancipated?

Houston, TX


Asked on 12/07/05, 10:22 pm

1 Answer from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Can I be sued?

Child support is to reimburse you for the money you put out as well as direct support for the child. If he is away at school, your ex-husband must still pay child support. Your son is not emancipated, since he still lives with you. Please call for an appointment.

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Answered on 12/08/05, 9:32 am


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