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Six Factors Courts Consider for Awarding Back Child Support in Illinois

 Posted on December 23, 2021 in Child Support

IL family lawyerIf you are a parent who is divorced or never married, you know how impossible it can feel to afford a decent standard of living for yourself and your child without any financial support from your child’s other parent. The rising cost of living and inflation in Illinois can make paying for food, shelter, clothing, and educational costs very difficult.

Child support orders are an important legal tool for getting the financial help you need. However, it can take some time between when a parent asks for child support and when a child support order is put in place. When this happens, Illinois courts can award child support retroactively to cover the period between when the child support request was filed and when child support payments began.

Establishing Paternity and Child Support

Establishing paternity is especially important for parents who have never been married because Illinois cannot order a man to pay child support if he is not the child’s legal father. Mothers who need child support may want to involve the Illinois Department of Healthcare and Family Services to get help establishing paternity. Paternity can also be established through a court order.

If a father has been served paternity paperwork, he may be ordered to pay retroactive child support from the time he first received notice of paternity. For married parents, retroactive child support may be awarded if little or no child support was paid between when a motion for child support was filed and when it was approved by a judge.

How do Illinois Courts Decide Whether to Award Back Child Support?

Judges in Illinois family courts have discretion when deciding whether to award retroactive child support. They will consider many factors, including, but not limited to, the following:

  • The Illinois Marriage and Dissolution of Marriage Act’s child support formulas
  • The child’s best interests
  • Whether the paying parent knew they had an obligation to make child support payments
  • Whether the receiving parent tried to inform the paying parent about the child and his or her needs
  • The paying parent’s ability and willingness to make child support payments
  • Why child support payments were not requested sooner

Meet with a Naperville, IL Child Support Lawyer

If you are trying to pursue back child support and want the support of an experienced DuPage County child support attorney, the Pesce Law Group, P.C. may be able to help you. We will work hard to fight for your child’s right to be financially supported by both parents and for you to get the help you need. Contact us to schedule a free consultation today by calling our offices at 630-352-2240.



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