Retroactive Child Support Guidelines

Summary

Retroactive child support in Illinois generally begins from the petition filing date, July 6, 2020. The non-custodial parent was formally notified upon being served on September 21, 2021. His claim of not receiving notice of the April 22, 2021 date does not negate his responsibility for retroactive support from the filing date. The respondent acknowledged the filing in an email on July 10, 2020, and additional copies were sent to his attorney on January 8, 2024. Consider emphasizing these points in your motion to strike.

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This is what it states in his motion to dismiss. NASER had no notice of the April *, * date
Thank you for sharing the details. Here’s some general information regarding your situation:
- **Retroactive Child Support in Illinois**: Generally starts from the date the petition is filed (July *, *, in your case).
- **Service of Documents**: Non-custodial parent is considered notified upon being formally served (September *, *).
- **Motion to Dismiss**: The claim of not receiving notice of the April *, * date may not affect his responsibility for retroactive support from the filing date.
Would you like information on how to address his motion to dismiss in court?
So now, if you were in my position and you. were filing a motion to straight, how would you properly contradict his claim?
Thank you for your patience. To properly counter his claim in your motion to strike:
- **Petition Filing Date**: Emphasize that retroactive child support starts from July *, *, the filing date.
- **Service Date**: Highlight that he was formally notified on September *, *.
- **Notice**: Argue that lack of notice for April *, *, does not negate his responsibility for retroactive support from the filing date.
Would you like further details on drafting the motion?
yes
Certainly! Here are some key points to include in your motion to strike:
- **Petition Filing Date**: Highlight that the retroactive child support should start from July *, *, the date you filed the petition.
- **Service Date**: Note that the respondent was served on September *, *.
- **Notice**: Emphasize that the non-custodial parent's claim of not having notice of April *, *, does not affect his obligation for retroactive child support from the filing date.
Would you need specific wording for your motion?
yes
Certainly! Here are some specific wordings you can use in your motion to strike:
- **Petition Filing Date**: "The petition for child support was filed on July *, *, which is the date from which retroactive child support should commence."
- **Service Date**: "The respondent was formally served on September *, *, which constitutes official notification."
- **Notice**: "The respondent’s claim of not receiving notice of the April *, * date does not absolve his responsibility for retroactive child support from the filing date of July *, *."
Would you need any further assistance with your motion?
It doesn't even make sense why he would need to be notified. Up to date, I signed it. He was given these papers when he was formally served, so he was actually notified of this paper. He knew
I understand your frustration. To strengthen your argument in your motion to strike, you can emphasize the following points:
- **Petition Filing Date**: "The petition for child support was filed on July *, *, establishing this date as the starting point for retroactive support."
- **Service Date**: "The respondent was formally served on September *, *, receiving all relevant documents."
- **Notice**: "The respondent’s claim of not receiving notice on April *, *, does not negate his responsibility for retroactive support starting from the filing date."
Would you like further help with drafting your motion?
Again, this, this is not making sense. Once he was served formally, sir, by the Cape County Sheriff on September. on September *. *. He was given all the documents. So him stating that he never received notice of the April *. * document is false because I also provided copies to his attorney via email on January 8th. *.
I understand your situation better now. To address his claim in your motion to strike, you can highlight:
- **Petition Filing Date**: "The petition for child support was filed on July *, *, establishing this date as the start for retroactive support."
- **Service Date**: "The respondent was formally served on September *, *, receiving all relevant documents."
- **Notice**: "The respondent’s claim of not receiving notice on April *, *, is unfounded as he was served with all documents on September *, *, and additional copies were sent to his attorney on January *, *."
Would you like more help with the wording or any other aspect?
He was well aware that I actually filed for child support on July 6th. * * As he stated in the email I received from him on July * * that I shouldn't have filed for child support.
Thank you for the additional details. Here's how you can address his knowledge of the filing date in your motion to strike:
- **Petition Filing Date**: "The petition for child support was filed on July *, *, establishing this date as the start for retroactive support."
- **Service Date**: "The respondent was formally served on September *, *, receiving all relevant documents."
- **Notice**: "The respondent’s claim of not receiving notice on April *, *, is unfounded. He acknowledged the filing in an email dated July *, *, and additional copies were sent to his attorney on January *, *."
Would you like more help with drafting the motion or any other questions?
* ILCS */* states that child support payments shall commence on the date summons is served or the commencement of the action, although the Court may order child support payments prior to the commencement of the action. * ILCS */*(a) and (e). NASER had no notice of the April *, * date Office only filed their Complaint for Support on May *, * which they subsequently voluntarily dismissed. *. There is a reason why due process requires service of summons it is to provide proper notice to the Respondent. As of April *, NASER has not received any notice and the instant case was not even filed yet
Thank you for providing more information. To counter Naser's claim in your motion to strike, you can emphasize:
- **Petition Filing Date**: "The petition for child support was filed on July *, *, establishing this date as the start for retroactive support."
- **Service Date**: "The respondent was formally served on September *, *, receiving all relevant documents."
- **Notice**: "The respondent’s claim of not receiving notice on April *, *, is unfounded. He acknowledged the filing in an email dated July *, *, and additional copies were sent to his attorney on January *, *."
Would you like more help with any specific part of your motion?