Summary
In Illinois, retroactive child support can be sought under statutes 750 ILCS 5/505(a)(2.5) and 750 ILCS 5/505(a)(3). The former allows for retroactive support from the date the petition was filed, while the latter permits retroactive support to the birth of the child if the non-custodial parent was aware of their parentage. To properly cite these statutes in your motion, use the following format: 750 ILCS 5/505(a)(2.5): The court may order child support retroactive to the date the petition was filed. 750 ILCS 5/505(a)(3): The court may order child support retroactive to the birth of the child if the non-custodial parent was aware of their parentage. Consider filing a motion to reconsider or modify the order based on new evidence.Full Conversation
I am trying to request retroactive from. when I file * child support through the H F S
Sure, I can help with that. In Illinois, retroactive child support can be sought under certain circumstances. Here are the relevant statutes:
- *** ILCS */*(a)(*.*)**: Allows retroactive support from the date the petition was filed.
- *** ILCS */*(a)(*)**: The court may order support retroactive to the birth of the child if the non-custodial parent was aware of their parentage.
Could you confirm if you are initiating child support for the first time or modifying an existing order?
I filed for charisma. through HFS on July *. *. Although it did take 9 months. for HFS to get the documents over to me, which I received in April. of * and the court file has copies of copies of my signature dated April * * And the non custody of parent deliberately waiting, being served. until he was successfully served September 21st. *. Our first initial hearing for this case was on January *. * And the non custodial parent has successfully been able to draw. and delay this case on since then. He was also successful in. the judge. not having set retroactive when she set child support amount based on misleading information. She reserved child support allowing him to evade years of retroactive. She did not take into consideration his * and * bank records I provided with directly show his actual income and spending of $*,* per month She also granted his modification of child support Without any actual evidence presented. So now I am trying to collect. the retroactive and the child support amount that he should have been paying. along with the retroactive
Thank you for sharing the details of your situation. Based on the information provided, it appears that you're dealing with issues related to retroactive child support and modifications. Here are some key points under Illinois law:
- *** ILCS */*(a)(*.*)**: Allows for retroactive child support from the date the petition was filed.
- *** ILCS */*(a)(*)**: The court may order support retroactive to the birth of the child if the non-custodial parent was aware of their parentage.
It seems like you need to address the judge's decision and possibly seek a review or appeal based on the evidence you have. You may want to file a motion to reconsider or modify the order based on new evidence.
Would you like more information on how to file a motion to reconsider or modify an existing child support order in Illinois?
How do I properly cite it in my motion?
To properly cite the Illinois statutes in your motion for retroactive child support, you can use the following format:
*. *** ILCS */*(a)(*.*)**: "The court may order child support retroactive to the date the petition was filed."
*. *** ILCS */*(a)(*)**: "The court may order child support retroactive to the birth of the child if the non-custodial parent was aware of their parentage."
Would you need further guidance on drafting your motion?
So this charge handling. my case did. not Consider the non custodial bank statements from * and *. Because her explanation was that she. set the amount for child support. in * But she actually helped the non custodial parent invade his obligation. as she did not set retroactive and once again she helped him because she granted his modification and again retroactive was never mentioned.
It sounds like you're dealing with a complex child support issue including retroactive payments and modifications in Illinois. Here are some steps you might consider:
*. **File a Motion to Reconsider**: If you believe the judge overlooked key evidence, you can request the court to review its decision.
*. **Include Evidence**: Attach the non-custodial parent's bank statements from * and * to support your claim.
*. **Cite Relevant Statutes**:
- *** ILCS */*(a)(*.*)**: "The court may order child support retroactive to the date the petition was filed."
- *** ILCS */*(a)(*)**: "The court may order child support retroactive to the birth of the child if the non-custodial parent was aware of their parentage."
Would you like more detailed steps on how to file this motion?
Can you just please cite? the appropriate statute exactly how should it be? cited in my motion for retroactive from one I filed for child support through HFS.
Certainly! Here is how you should cite the appropriate Illinois statutes in your motion for retroactive child support:
*. *** ILCS */*(a)(*.*)**: "The court may order child support retroactive to the date the petition was filed."
*. *** ILCS */*(a)(*)**: "The court may order child support retroactive to the birth of the child if the non-custodial parent was aware of their parentage."
Would you need any additional guidance on drafting your motion?
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