Back child support in IL?

[B. Kern]

My daughter is 11 years old, her father and I never married and before her birth I finally broke away from the abusive relationship. He never ask to see her and his name is not on the birth certificate. Blood test proved him to be the father when she was 4 years old. His family took an interest in her for approx. one year and began avoiding her when I ask if mabe her father would help with a small dentist bill. (She seen him very little when she visited the family) It has now been over six months since we have heard from them. This is very hard for her to understand, we only live 2 miles from him and his family. She has siblings she longs for by him. If I sue him for child support is she entitled to back support? IF so... from bith or from the time of the blood tests?'
Any advice is welcome, this is very hard to deal with.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by B. Kern:
My daughter is 11 years old, her father and I never married and before her birth I finally broke away from the abusive relationship. He never ask to see her and his name is not on the birth certificate. Blood test proved him to be the father when she was 4 years old. His family took an interest in her for approx. one year and began avoiding her when I ask if mabe her father would help with a small dentist bill. (She seen him very little when she visited the family) It has now been over six months since we have heard from them. This is very hard for her to understand, we only live 2 miles from him and his family. She has siblings she longs for by him. If I sue him for child support is she entitled to back support? IF so... from bith or from the time of the blood tests?'
Any advice is welcome, this is very hard to deal with. <HR></BLOCKQUOTE>

My response:

You're the one entitled to the arrearages, and it goes back to the Statute of Limitations in Illinois - - even if that's before the blood test.

It's unfortunate he refuses to see his child, and that she can't see her siblings. Little minds, all. You can't force him to see her, but you can have the child support enforced.

IAAL



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[B. Kern]

Thank you so much for your quick response. I am sorry if i seem ignorant, but i have very little experience with this issue. I don't understand what you mean by the statutes of Limitations...There has never been a child support issued, how far back will he have to pay? Thank you for your help.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by B. Kern:
Thank you so much for your quick response. I am sorry if i seem ignorant, but i have very little experience with this issue. I don't understand what you mean by the statutes of Limitations...There has never been a child support issued, how far back will he have to pay? Thank you for your help.<HR></BLOCKQUOTE>


My response:

Every debt has a time limitation. For example, if you owe someone money, they must act upon there rights to sue you for that amount, and within a certain amount of time (the Statute of Limitations); otherwise, they forever give up their rights to that money you owe. In this case, I do not know what the Statute of Limitations is for Illinois (See an attorney for that), but however many years it is, you are entitled to your child support for as many years back as the Limitations period allows, whether that be 3, 4, 8 or 10 years back, whatever it might be for this type of debt. The court can make an order, that in effect, dates back to whatever the Statute of Limitations might be. This is called an Order, Nunc pro tunc (Latin for: From the First Date). Even though there was never an "Order" for child support, a parent has, nonetheless, a legal obligation to always support their children to the age of majority. An Order merely sets the amount and the timing for payment. It is that amount that the court can order a total amount of arrearage, and have the father pay you, "Nunc pro tunc."

Good luck.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 18, 2000).]