Legal Question in Family Law in Illinois

I have custody of my 2 children during the last year my son would go to his mothers when he didnt like what I said. but he never stayed there permantley . At the time I told my X if you feel that you shouldnt be paying child support for the time he was at your house then take me to court but she never did. Now hes 19 and in College and she wants a credit for any time he was at her house. I feel that shes not entitled to get anything back because she should of went to court back then if she felt she shouldnt be paying.. Thats just like I cant go back and get a child support increase for 2 years ago . Can you tell me what the Law is?

Sincerely ,

Dino V Saracco, Sr.

Asked on 2/18/11, 1:38 pm

1 Answer from Attorneys

Andrew Pavlinski Pavlinski & Elkins

Mr. Saracco,

It sounds like you have a support order in place covering the time in question. If that is the case, she really cannot go back and seek a retroactive modification. That doesn't mean that she cannot try. In the event she does, I strongly encourage you to discuss your options with an attorney. Also, I am glad to hear that your son is continuing his egucation. Keep in mind that under Illinois law, both parents are responsible for costs related to education. If you are paying for his expenses, it is possible to have the court order her to contribute. If you have any questions, feel free to contact me at [email protected]

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Answered on 2/18/11, 1:50 pm

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