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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21914
Experience:  General practice of law with emphasis in family law.
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Hi there....my question is that my oldest daughter who is 17

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Hi there....my question is that my oldest daughter who is 17 went to live w/her father. This is not a forced situation through an outside agency or anything. She stole some jewelry from me & took it to a pawn shop so she is now living w/him. She moved in w/him on Sept. 17 2011. He just informed me on 11-30-2011 that he went to our local courthouse & is asking that anything he buys for her be taken off of his arrears which amount to the tune of $7700.00. He is also asking that this request be back dated to 9-17. She has a part-time job which also allows her to purchase items for herself if she chooses. Him & I have a fairly amicable relationship except for the situations in regards XXXXX XXXXX support over the last 14 yrs. My feelings are that he incurred these arrears while she lived w/me so would he still be able to have this granted by the courts? I have complete custody & we do not have joint custody & I have not signed custody over to him. Another question I have is she will not be 18 until the beginning of her senior year. She is currently in her Junior year. Her birthday is XXXXX 22. Is he responsible for child support until she is 18 or until she has graduated? This being if he is completely current on child support at either point. If he is not current at the time of her graduation does the support continue until he is at a zero balance? I know I gave alot of information but I wasn't sure what would be pertinent to the situation at hand. Thank you very much for you time & consideration....Robyn Stanton
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
Hi

You can argue that he owes the support for the time she was with you. Him seeking to have it reduced based on what he is buying her now is silly. I do not see where a court will grant that.

As to the child support, in Illinois it is payable until age 19 or graduation from high school, whichever comes first. So, he will still be responsible to pay during her senior year.

Now, even though there is no legal change in custody via the courts, he should be compensated for the time she is with him and not you. So now, that is something that may be able to come off his arrears instead of you paying him at this point. It would be a "trade" so to speak

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21914
Experience: General practice of law with emphasis in family law.
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