Legal Question in Family Law in Illinois

can i dismiss or set aside a 1996 default order of support?at that time i believe the court lacked personal jurisdiction[ court placed me under jurisdiction in 2004 when i motion case to court].dcfs i s still calculating arrears from 1996 order that was set at 200% of net income whice has left a huge arrearage.

Asked on 4/25/13, 1:19 pm

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.

You submitted to the court's jurisdiction in 2004 according to your statement. While the lack of personal jurisdiction can not be waived, you waiting 8 years to raise the issue may bar you from raising it now. The calculation of the support is not a basis for objection. If you were properly served, the issue is done, If you were not, if it is a parentage case, they may be entitled to a retroactive order to birth.. So while you may win a battle , you could lose the war.

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Answered on 4/25/13, 1:48 pm

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