Legal Question in Wills and Trusts in Illinois

Enforcing a Child support orders

My parents divorced in 1980. In the divorce decree my father was granted custody of myself and my brother. There was a child support order in place as of 1980. Between the divorce and the day of my fathers Death on April 16, 1987, there was no child support paid to my father. The question there are a couple of questions that I have to ask. 1. Can I being a child during this time can sue the parent for the back child support payments? 2. Is there any probate issues that must be addressed? Once these questions are answered I would like to know where I should take these concerns?


Asked on 5/30/06, 12:06 pm

1 Answer from Attorneys
Amy DeLaney DeLaney Law Offices, Ltd.

Re: Enforcing a Child support orders

You should definitely see an elder law / probate estate attorney to determine whether you can make a claim against your parent's estate. It is likely that you may be able to; however, you have a very limited time in Illinois within which to do so. It is probable that the elder law / probate estate attorney will have to consult with a family law attorney to ensure your claim is valid, but since the elder law / probate estate attorney will be assisting you in making the claim, it is advisable to commence your efforts with an elder law / probate estate attorney.

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Answered on 5/31/06, 5:03 pm


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