Back Child Support In Illinois

Child support in Illinois is always owed from one parent to another when they are no longer parenting together or haven’t come to some kind of agreement that waives child support. When does the obligation of child support begin and how does the obligor parent pay the back child support owed? Back child support (also known as retroactive child support) can be a thing whether an existing Illinois child support order exists or not. If a child support order already exists, it is easy to calculate the back child support owed:  Compare what was supposed to be paid to what actually got paid. The difference is the back child support owed. Note that while it is presumed that the father did at least something for the child (ex: bought diapers, paid rent) before the motion for child support was filed. These contributions are nice but they don’t count towards back child support. “The general rule is no credit is given for voluntary overpayments of child support, even if made under the mistaken belief that they are legally required. ” In re Marriage of Tollison, 208 Ill. App. 3d 17, 19-20 (Ill. App. Ct. 1991)  To calculate back child support in a fresh divorce or parentage case is a more complicated endeavor that a court is empowered to order…to an extent. “The decision to award retroactive child support rests within the sound discretion of the trial court.” In re Marriage of Sawicki, 806 NE 2d 701 – Ill: Appellate Court, 3rd Dist. 2004 “Retroactive allowance of support in a dissolution proceeding is within the discretionary power of the trial court if such allowance is deemed fit, reasonable and just.” In re Marriage of Rogliano, 198 Ill. App. 3d 404, 410 (Ill. App. Ct. 1990) Back Child Support When The Parents Are Not Married. No one has ever filed for child support before the child was born.  Yet, the child needed to be fed, clothed, and housed before a child support order was ever entered.  Whose responsibility was it to provide for the child before the matter got to court? It was both parents’ responsibility. The Illinois statute recognizes this mutual responsibility in both the present and the past for unmarried parents. The Illinois Parentage Act of 2015 handles issues between parents who are unmarried.  While the Illinois Parentage Act points unmarried parents to the exact same laws for calculating child […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/back-child-support-in-illinois/