Illinois Child Support Retroactivity

Summary

Under Illinois law, child support can commence from the date of service or action filing, with court discretion to order payments prior if necessary. Despite claims of lack of notice, the court can consider the childs needs before formal service. Highlight service and filing dates to counter misleading claims, emphasizing the courts authority to order retroactive support.

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Well, he was formally served. On September * *. So he was provided with all these documents. I also provided the court. files to his attorney via email on January 8th. *. So how could he be making this claim This is misleading and meant to confuse the court.
To address the respondent's statements regarding retroactive child support under Illinois law, you can refer to the following points under * ILCS */*:
- **Commencement Date**: Child support can commence on the date of service or action commencement.
- **Court Discretion**: The court has discretion to order support prior to the commencement of the action (* ILCS */*(a) and (e)).
- **Due Process**: While due process requires notice, the court can still consider the financial needs of the child before the formal filing, especially if it's in the child's best interest.
Would you like to explore more details or need further clarification?
yes
Sure, here are some more details you can use to address the respondent's claims regarding retroactive child support under Illinois law:
- **Retroactive Payments**: The court may order retroactive child support starting from the date of filing if it deems necessary for the welfare of the child.
- **Court's Authority**: Even if formal service was on September *, *, the court has the authority to consider the needs of the child from an earlier date if justified.
- **Misleading Claims**: Highlight that the respondent was formally served and had knowledge of the proceedings, undermining any claim of lack of notice.
Would you like any further assistance on this matter?
OK. the court file shows my signature. dated April *. *. when I received the documents from HFS. and signed them The court file also shows the date that HFS filed my dated and signed. documents with the court, which was may *. * the Cook County Sheriff attempted to serve him on May * * but was unsuccessful because he had already moved So his whereabouts were listed as unknown. in August *. the Cook County Sheriff or. worded all the documents to the King County Sheriff. who then successfully formally served Him on September *. *. So his claims. are irrelevant. The court files were also provided to his attorney. via email on January * *
It seems you're facing issues regarding the timeline and the validity of claims about notice and service. Here are some points to consider:
- **Service Date**: Official service was on September *, *.
- **Document Filing**: Documents were filed on May *, *.
- **Court Authority**: The court can order retroactive support to address the child's needs, even before formal service.
- **Claim Validity**: Highlight that the respondent was aware of the proceedings and served formally, making claims of lack of notice weak.
Would you need further assistance or details on a specific point?
Hey, you don't seem to understand me. This is the events that. shows in the court copies. So now the responder is making this claim and his motion to dismiss my retroactive motion.* 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 sharing the details. Here are some key points to address the respondent's claims and support your case:
- **Commencement Date**: Child support can commence from the date of service (September *, *) or the action's filing date (May *, *).
- **Court Discretion**: The court can order payments prior to these dates if deemed necessary (* ILCS */*(a) and (e)).
- **Due Process**: The court considers the child's needs, even if the respondent claims lack of notice.
Would you like further clarification on any specific point?
How do I point out the false misleading claims? He is. making. and highlight what is stated in the court conference Porthfile copies
To address the respondent's false claims and highlight the court conference records, you can focus on these points:
- **Service and Filing Dates**: Clearly state that documents were filed on May *, *, and the respondent was served on September *, *.
- **Court Authority**: Emphasize that the court can order retroactive support before formal service (* ILCS */*(a) and (e)).
- **Notice and Knowledge**: Highlight the respondent's awareness of proceedings, showing that claims of lack of notice are misleading.
Would you need further assistance on drafting a response or another specific point?
yes
Certainly, here are some key points you can use to draft your response:
- **Service and Filing Dates**:
- Documents filed on May *, *.
- Respondent served on September *, *.
- **Court Authority**:
- Court can order retroactive support before formal service (* ILCS */*(a) and (e)).
- **Notice and Knowledge**:
- Respondent's awareness of proceedings undermines claims of lack of notice.
Would you like help with drafting a specific section?