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Thelawman2, Attorney
Category: Family Law
Satisfied Customers: 1612
Experience:  Attorney-at-Law
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I was never married, but we have 1 child together. We broke

Customer Question

I was never married, but we have 1 child together. We broke up 2 years ago and while he has been paying support to me it is not nearly the amount he should be paying and I want to know if I can go back on those 2 years even though we do not have a support order?
JA: Family law varies by state. What state are you in?
Customer: IL
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 year ago.
Category: Family Law
Expert:  Thelawman2 replied 1 year ago.

Hello, my name is ***** ***** I will be helping you today. What you are seeking is known as retroactive child support. Because the child was born out of wedlock, you can request additional payment for those two years if you believe that your child has unmet financial needs from those two years. You will need to request a court order requiring retroactive child support unless your ex agrees to provide you with extra money (probably unlikely).

Illinois’s Parentage Act lays out how child support will be handled. It states, “The court shall order all child support payments…to commence with the date summons is served.” The statute goes on to say, “The court may order any child support payments to be made for a period prior to the commencement of the action."

In other words, retroactive child support going back to the date of the summons is mandatory in these situations – and it could go back even further. Whether it should go back further than the date of the summons is up to the court. The statute lays out the factors that a court must consider when deciding whether this would be appropriate. These factors are:

  • The father’s prior knowledge of the fact and circumstances of the child’s birth.
  • The father’s prior willingness or refusal to help raise or support the child.
  • The extent to which the mother or the public agency bringing the action previously informed the father of the child’s needs, or attempted to seek or require his help in raising or supporting the child.
  • The reasons the mother or the public agency did not bring the action earlier.
  • The extent to which the father would be prejudiced by the delay in bringing the action.