Question:
My wife and I have been separated since 2005 and I have always paid court-ordered child support.
Since I started making a decent paycheck, my wife had decided to file for divorce. She is threatening me with back child support even though I have never missed a payment. What should I do?
Answer:
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of that state and can only provide you with general tips on divorce and family law.
If you have paid the court-ordered support since it was initiated, generally there would not be a viable argument for back child support. This sounds like a threat to perhaps get you to agree to other conditions regarding the divorce.
Nonetheless, I would advise you to start gathering proof of each and every payment that has not been documented through the court or the state so that you will be able to demonstrate, if necessary, that you have complied with the court’s orders.
Also, if you do not pay the court system or state, do ensure that you are indicating “child support” on the memo section of any check given to her and avoid paying cash or providing items in kind because, unfortunately, the courts will not consider this sort of support for the purposes of child support.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Illinois divorce lawyer Christina Milien, contact Cordell & Cordell.
