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IL Legal Question *** HOW TO GET FULL VERSION OF THIS DIGEST? ***
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IL Legal QuestionModification of child support
Child Support
Hello. Can an existing child support award be modified when the non custodial parent re marries and has another child?

IL Legal Questionwhat age can child decide?
Child Custody & Visitation
At what age can a child decide which parent they want to live with in Illinois?

IL Legal QuestionTemporary Sole Custody
Child Custody & Visitation
What is the name of your state (only U.S. law)? IL

Hello. My Sons mother and I are getting ready to fight it out in Court, I am looking for Joint Physical and Legal Custody, she is looking for Sole Custody. Our Son is 11 months old. Her attorney has filed a motion for Temporary Sole Custody on the grounds that
1). I am a new parent and do not have the required experience in parenting and
2). That Temporary Sole custody should naturally go to the child's mother.

My Son currently lives with his mother, we have been separated since January of 2008, I filed for an annulment in January of 2008 after five weeks of marriage. Our Son was born in August of 2008. I have a court order for Professional Supervised visitation once per week for three hours. Both our names are on his Birth Certificate, custody has never been addressed in court.

My question is as follows - will an award of Temporary Sole Custody set a precedent which will be hard to break when the judge makes her decision as to the final custody award? I am trying to get behind their motive.

Thank you.

IL Legal QuestionFl MoM trying to relocate
Child Custody & Visitation
FL

I am divorced and I have a 4 year old daughter. Currently her father takes her every other weekend. He doesn't do the holiday visitation cause he has to work. He is now remarried to his 1st wife, they have 3 children. I am engaged to a man who has family in Illinois, his mother is disabled and needs his assistance. I need to know how to petition the court to allow me to relocate with my daughter.

Please any help or advise that you could provide would be greatly appreciated.

IL Legal Questioncustody rights
Child Custody & Visitation
What is the name of your state (only U.S. law)? Illinois.I am trying to get info for my daughter.She lives with the father of her sons but they are not married.How does she go about getting sole custody of her children.I will not go into details as I am biased.She just wants to know how to go about it.

Thank you

IL Legal QuestionBeing sued for paternity fraud
Child Support
I became pregnant at 17 had my son and the alleged father signed the Voluntary Ack. of Paternity. I had slept with someone else but was told by the doctor that I was already (unknowingly) pregnant when I slept with the other male. When the child was 6 I told the alleged father this and what the Dr. said.

Years later (after we had split) I sought child support the judge offered him a DNA test, he refused. He was ordered to pay $20 a week for support.

Five years after the initial order was put into place, I asked for a modification. At this point he did a DNA was proved NOT to be the father and is asking the court to disestablish paternity based on fraud. Throughout this entire time he was still seeing the child every weekend and speaking to him every day.

I received a summons today that he is seeking damages from the Illinois Dept. of Child Support ( Public Aid ) and myself.

I was just wondering your opinion on this. I haven't found many case laws on this complex of a case.

I know the statue of limitations have expired but he is stating that I KNEW that he was NOT the biological father. When I had NO idea. I relied on my Dr's knowledge and was certain he WAS the father. He sent an e-mail to me in March stating that he didn't want to believe this whole time that he wasn't the child's father and he wants NOTHING to change except paying me child support.

Any suggestions? I am pretty sure I will have to hire a lawyer too

IL Legal QuestionNow What
Child Custody & Visitation
What is the name of your state (only U.S. law)? AR

I just picked up son, his dad sent him via a relative to TN and I drove to pick him up there. Dad did not sign and send back the new parenting plan that we had discussed. He is not willing to sign it now. He wants us to just "work it out" and he does not want me filing for child support and wants me to drop his current support order of 18.00 per month.

So I have all three children, here in AR, original orders are out of TN, none of the parties reside in TN any longer and have not since May of 2008. Current orders were signed in TN Feb 2009. Dad had relocated the children from TN to IL without proper notice or approval and I filed for modification. So that stopped the clock on IL residency for the children while in IL. It has not been 6 months since the last orders by TN.

My current orders give me residential on the two that came here in Feb.09 and dad has residential of son, who is now here as well. My concern is dad can just come get son at will if he gets mad at me.

How do I secure custody of son that I just picked up?

IL Legal QuestionPhysical joint custody
Child Custody & Visitation
The father of my 15 year old son is now trying to pursue joint physical custody after 15 years. My son visits him 2 times a year even though there has not been a visitation order. He has filed in the State of Illinois and I have been trying to get it dismissed, as neither my son or I have EVER lived in the State of Illinois.

I do not have the money to fly out there and I sure as heck do not have the money for an attorney out there... HELP!What is the name of your state (only U.S. law)?

IL Legal QuestionChange in custody
Child Custody & Visitation
What is the name of your state (only U.S. law)? My husband has 2 children with his ex-girlfriend. They are currently 12 and 14. There child support order is through the state of Oregon because that is where they originally lived. She moved to Missouri to get married 7 years ago and he moved to Iowa where he had family 5 years ago to be closer to his children. She has since moved one more time in Missouri, two times in Illinois, two times in Oregon, and now lives back in Missouri with another family of 4. The children are tired of moving, have no friends, currently have no possesions because they live in a house with 8 people in it and there is no room for their things. The 12 year old wants to live with his father and I in Iowa. He is terrified that he will be shot and killed in school this fall because of what he has seen where he lives now. He has no stability and hates the people the lives with. His mother won't let this happen because she doesn't want to lose the child support, as both her and her husband are unemployed, and child support is their only source of income. First of all, in which state would my husband file for custody at this point. Second, does he have a chance to win? And third, can his son live with us while custody is being determined so we can get him enrolled in a school he is not afraid of attending?

IL Legal Questionwhich state
Child Custody & Visitation
My ex husband has custody of my two daughters. They currently reside in Illinois and I reside in California. I want some changes to be done to our custody agreement. But I am not sure if I should get a lawyer from California or from Ilinois. Our divorce had taken place in Illinois court.

IL Legal QuestionEnforcement of Child support payments ->jail time
Child Support
What is the name of your state (only U.S. law)? IL

I have a child support order in which the child support enforcement unit of IL is involved. The non custodial parent is well able to make payments, just does not want to. This person now owes over $10k and only makes $50 payments every 3 months so the drivers license cannot be taken, etc.
I was told by the enforcement unit that they do not issue warrant of arrest for non paying parents in the state of IL. Is that true? I hear other stories of folks that went to jail in IL, because of failing to pay child support.
What is true now and what are the details to get this person to catch up with the support order.

Thanks in advance for your insight and responses.

IL Legal Questionvery confused
Child Support
My boyfriend and I have 2 children together, ages 8 and 3. He has signed voluntary paternity agreements for both children and we are a very happy family. He is our full support and financial provider since I quit working several years ago. Since I got pregnant 8 years ago me and the children have had a medical card health insurance from the state. He had no health insurance until a few years ago when he got a better paying job which allowed us to afford insurance for him thru his company. I recieved a paper from the DHS office about pursuing a child support case or my medical benefits will end. I did send in the paperwork in fear of having no health insurance for me or my kids. We could not afford to get it thru his company. Well apparantely I unknowingly opened a case against him because we recieved a summons to court with me as the plaintiff and him the defendent. I told them I did not need an official child support order as he is our family's complete support. They told me that because we recieve a medical card this has to happen and I don't have a choice. I don't understand why all of this has come about. Is it because we are not legally married? What are they expecting us to do to fix this? Maybe I am wrong but I feel like we are the kind of people that these benefits(medical, food stamps) are designed for. I no longer work because my boyfriend was able to take a better paying job but with crazy hours and that meant we had no child care. (We used to both work opposite hours so one of us was home with the child.) We defiantely struggle financially and sacrifice a lot but both value the importance of having one of us home with the kids. We truthfully claim all income and information to the DHS to recieve these benefits so obviously we qualify. Please, we are clueless to family law and appreciate any advice.