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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118798
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My son's father and attorney lied to Illinois state child

Customer Question

My son's father and attorney lied to Illinois state child support investigators and stated that they were shortly to be deported back to Yugoslavia. So HHS closed the case and now I find out they never left the country and had been in the US the entire time.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Illinois, Am I entitled to back child support? I received no child support ever. Isn't his attorney guilty of fraud? I am a disabled single parent, but Illinois never did any type of verification to assure his veracity.
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I live around the poverty level because both my son and I are disabled and have been unable to find work thru DORS. I am 64 and if I die, my son will be unable to pay the remaining mortgage and I am afraid we will lose the house. the biological father does not deny parenthood and said at my child's infancy that he would only support us if I changed my son's last name to his. I explained that in Illinois this is not mandatory. He dropped out of site, but now I have discovered he is the near area.
Submitted: 2 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, you are entitled to back child support and you need to go to COURT, not child support enforcement, with an attorney locally and file a petition for support.
If you can prove that the attorney knew that they were not getting deported at the time they made the statement, you can file a motion for sanctions against the attorney for making known false statements.
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Customer: replied 2 months ago.
Can I still receive child support even though my boy is now 24 and the child support people closed the case incorrectly in 2015 without having done any further investigation?
Customer: replied 2 months ago.
See aforementioned information.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
Please use REPLY, not opt out or we cannot reply to you.
Yes, you can still file a petition in COURT for child support even if your child is 24 and it happened in 2015, since in IL there is a 20 year limitation for child support and the fraud causes that to be delayed as well. But you have to file in court, since child support enforcement closed the case.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.