Legal Question in Family Law in Illinois

Today I received a call from my 22 year old daughter, stating that her father wanted her to call me and tell me about his bankruptcy case. Apparently, while trying to file for bankruptcy the attorney told him that I owed him $29,000 in child support arrearage. Neither of us were aware of this, I have never received notice of this. I was ordered to pay child support at first, then our custody situation changed. We shared the kids, our middle son did not visit his father at all nor did his father pay any of his expenses. Our daughter and oldest son stayed with both of us. We decided that there would be no child support. I hadn't worked for about 5 years due to illness and we were both supporting the children. Now,he has to serve me with papers. I don't understand how or where his bankruptcy attorney is getting this information and if I owe this money why I've never been contacted, nor my taxes kept. It is not him saying I owe the money, it's the attorney, they are telling him that this debt that I owe him is considered an asset to him, so he needs to get it cleared up. We have been divorced since 2001, our children are 26, 23 & 22. We have both raised our granddaughter while our daughter was in school. How is this possible? How am I able to continue to renew my Illinois licenses both professional and drivers? How am I still able to qualify for grants, WIA, etc. if I owe this money? What can I do?


Asked on 3/29/13, 8:23 pm

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

There was a court order for support. As one was entered, the two of you can not simply agree that there won't be support - there must be a court order modifying the prior order. You may be entitled to a set off for times the kid(s) lived with you. If your ex did not received state aid, then he has the ability to compromise the arrearage. But once he files a bankruptcy that asset may pass tot he trustee, which puts more layers of difficulty into the mix.

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Answered on 4/01/13, 1:14 pm


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