Child Support Payment Discrepancies

Summary

Retroactive payments cover periods before a child support order is established, while back payments refer to missed payments after the order. If a respondent hides income, you can request a modification. If discovered, they may owe arrears even after children turn 18 or graduate. Consult a lawyer for specifics. To expose frivolous motions under Rule 137, detail each motion, provide evidence of deceit, and state the impact on child support.

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Alisa
Hello Alisa, nice to meet you! How can I assist you with your legal issue today?
I have a question about an on going child support case in Chicago Illinois county district * I want to know the difference between retroactive payments and back payments
Hello Alisa, here are the differences:
- Retroactive payments: These are payments that a court orders to cover a period before child support order was established.
- Back payments: These refer to missed or unpaid child support after an order has been established.
So for example the respondent hey to his true monthly income and assets by claiming a lower monthly income and ended up paying only $*.* biweekly for three teenagers when his true monthly income is $*,* per month of which he receives over * under the table that I actually have evidence for
Hello Alisa,
If you suspect the respondent is hiding income, you may want to consider requesting a modification of the child support order. Illinois courts allow this if there's a significant change in circumstances, such as true income discovery. You should consult with a lawyer for specifics.
I have filed a motion to reconsider within the timeframe of the ruling being made on false information but what I want to know is so if the respondent was able to get away with lying and is paying only * and $.* biweekly for three teenagers and is later found out by the judge that the respondent lied about his true income and sees that he makes $*,* per month and my twin boys turn * and graduate high school will the respondent still be ordered to pay what he should have been Paying even though my twin boys graduate high school by the time the judge realizes
In Illinois, child support typically ends when the child turns * or graduates from high school, whichever is later. However, if the respondent is found to have lied about his income:
- Arrears may be accumulated for previously underpaid child support, which he would need to pay off.
- The court may order retroactive child support, if it's within the state's statute of limitations for such claims.
Consult with a lawyer for detailed guidance.
I am not speaking about retroactive
Understood Alisa. Are you asking if the respondent can be made to pay the difference in child support, based on his true income, even after your twins turn * and graduate high school?
As my twin boys are * at the moment but I still attending high school they graduate high school this June what I want to know since the respondent misled the court and it is found out that the respondents actual monthly income was $*,* and is $*,* and he was paying only $*.* for our three children will he still be ordered to pay what he was actually supposed to be paying per month even though the boys will graduate from high school by then as the respondent was only paying $*.* while the boys were still in high school but the judge finds out after the boys graduate from high school will the respondent be ordered to pay what he was actually supposed to be paying as backpay for example the respondent was supposed to be paying $* per month but lied and ended up paying only $* per month so if my boys graduate and the judge finds out after they graduate will the respondent need to pay that as backpay what he was actually supposed to be paying while the boys are still in high school
In Illinois, if it is discovered that the respondent misrepresented his income:
- He may be ordered to pay back child support for the difference between what he paid and what he should have paid, even if your children have turned * or graduated.
- It would be considered a child support arrearage, not retroactive child support.
- Legal action may be taken for fraud.
Please consult with a lawyer for specific advice.
And how do I request all of this or state the situation in my motion exposing the respondents and his attorneys pattern of frivolous motions stated under rule *
To expose the respondent's pattern of frivolous motions under Rule *, you should:
- Detail each frivolous motion in your own motion, explaining why it's frivolous.
- Provide evidence of the respondent's deceit regarding income.
- State the impact of these actions on the child support payments.
Remember to consult with a lawyer for specific advice.