Legal Question in Family Law in Illinois

My son and his girlfriend had a baby last year. Neither one of them was working and had no place to stay. I allowed them to stay in my house together for a year. They had an argument last week and the girlfriend moved out. She apparently was receiving $300 per month from the state and now the state wants him to pay child support. The baby is at our house more than with his mom. My husband and I have bought many items for this adorable baby. Is the mom entitled to child support? She did spend much money on cigarettes and likes to smoke pot. What to do?


Asked on 10/07/14, 12:47 am

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

It is your son's problem. Is he on the birth certificate? If he is, it is a defacto award of custody to Mom, making her entitled to child support. He may be ordered to pay something for support, even if had custody of the child. There are many factors which go into that calculation. If he wants to minimize the chance of being ordered to pay support, he needs to seek custody of the child. Absent that a support order will be entered against him.

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Answered on 10/07/14, 3:55 am


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