Legal Question in Family Law in Illinois

There was a divorce decree in Illinois from 1970 that was never enforced or paid by the father. Can his adult children sue him for unpaid child support now, 43 years later? The mother has passed away.

Asked on 8/20/13, 7:18 pm

1 Answer from Attorneys

Chen Kasher Chen Kasher
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It's very possible. As a general rule, child support has no statute of limitations -- the Illinois legislature regards parenthood as a "lifelong endeavor". Even though your mother died, you may be entitled to bring suit on behalf of her estate for the unpaid support.

I say general because there are exceptions to this rule, but I cannot comment without a lot more details.

The prime question you should be asking is whether you can collect against your father. A judgment is worthless if he has no assets, or only "exempt" assets (such as a small house and the clothes on his back).

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Disclaimer: this general knowledge may not be relevant to your factual situation, and I am not your attorney at this time.

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Answered on 8/20/13, 10:19 pm

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