- November 5, 2023
- Posted by: legaleseblogger
- Category: Related News
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Doubling the original content length:
Heading: Filing for Parentage in Illinois and the Concerns Surrounding Child Support Payments
I am currently in the process of filing for parentage in the state of Illinois, fully aware of my responsibilities regarding child support. Over the past weeks, I have been voluntarily sending my ex-partner the appropriate amount of financial support for our child. However, the situation has become complicated as my ex is upset that I want to handle the matter legally by filing for parentage. In response, I have explained that legal documentation is crucial to safeguarding myself in case any unforeseen circumstances arise. Despite my attempts to reason, she has threatened to sue me for backdated payments since our child’s birth. It is important to note that during the first two years of our son’s life, we were together, and I assumed full financial responsibility for the household expenses, including rent, utilities, and medical insurance for our child. We had an agreement in place that stated she would take care of purchasing toys and clothes for our son, while I would provide half of the expenses whenever she made such purchases.
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****** just grabbed a
Keep good records of how you pay her, bank transfer or checks, not cash apps
In most cases, retroactive applies to the date it was filed with the court.
When I filed for child support (AZ) I requested back pay & it added up to 28k for two kids but they ask you how much you contribute & take that into account & lessen the back pay amount. I feel as long as you have proof of what you paid or if she agrees to what you say you paid then you should be fine but it depends on the judge and state laws. I ended up waiving the back child support but itÔÇÖs up to the judge if you guys cannot agree.
In North Carolina, retroactive support is up to three years prior to date of filing. But, if you were living as an intact family for some of that time, I’d say that’s a decent defense. Keep all your receipts and other documentation!
I just went through my case in Illinois; and the judge awarded her FIVE years of retroactive, prior to the date of filing, despite her never having even attempted to file, or even request more from me. I was sole provider of the child for 8+ years, but we were never married and no order was ever set. I had to stop working for three years due to having cancer, and then moved for a new job. The judge did not care about my medical debt, or any of the life circumstances. Her and her lawyer requested five years of back pay, and they got it; and I received five years of arrears overnight, and also paid $14k in legal fees along the way, all of which should have just gone to the child. They whole thing can become a circus, and none of it is impossible.
Just be prepared, respectful and organized. But ultimately the judge can do whatever they want, regardless of what any lawyer says on the matter.
Most states will not allow retroactive support to go that far back unless there are extenuating circumstances. A common guideline is that support cannot go farther back than 6 months prior to the date the petition was filed. There are exceptions to every rule, but based off what you said it is doubtful she would be able to get that much back support.
Usually when you file, the courts send a letter saying DONT send any money directly to the other parent. I advise you donÔÇÖt send her anything and just directly buy what you want to contribute because it wonÔÇÖt be counted since itÔÇÖs not through the courts
Get your proof ready though.
Look up your State Law , in Michigan the Child Support will be backed dated to the date the other party filed .