<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by B. Kern:
My daughters father spent sometime in prison, I am not sure how long, if I am entitled to back child support (IL) would it include any of the time he was in prison?<HR></BLOCKQUOTE>
My response:
Yes. As long as any arrearage is calculated within the Statute of Limitations, and his imprisonment was during that time, he still owes the money. Prison is not an excuse, and his criminal manner is not the child's, nor your, fault. While he's in prison, his "tab" merely grows - - it doesn't excuse him. Oh, and while he's in prison, the Statute of Limitations "clock" stops while he's in prison. For example, if he owes for 8 years, but he was in prison for 3 years, but your Statute of Limitations is 5 years, the Limitations "clock" stops while he was in prison for 3 years, and you'd be entitled to child support for the entire 8 years (5 years, plus 3 prison years, equals 8 years).
You need to see an attorney as soon as possible to get orders in place.
IAAL
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