Enforcing Child Support from Years Ago

[MommaCass6]

My question involves child support in the State of: Illinois

I'm doing some research for my mother. My dad was ordered either $100 a month for my sister and I. He payed for 2 years and then stopped. He still visited us and etc. He then stopped seeing us and disappeared. He would send letters but with p.o. box only so we could not find him. He never paid again. I am now 24 will be 25 in a week and my sister is 23. He recently came into my sisters life again and we know now his address. Can my mother have him pay now for all the past due child support? What can we do to get all the past money? My mom plans to give it to us for school if we can get him to pay.

[Dogmatique]

Illinois allows for what is called the "equitable doctrine of laches" , even in child support arrears cases. This basically allows your father to ask for Mom's petition to be thrown out because she basically didn't act before now.

When was the order actually entered, and when was the last time Mom filed anything to enforce the order?

[MommaCass6]

It was entered when I was when I was 4 so he paid till I was 6 then quit. When he quit she took him back to court and the judge ordered him to pay. He never did and she never took it back to court.

[Dogmatique]

Mom can still file to enforce the order. She needs to speak to either CSE (not generally going to help her too much - they have enough with current cases), or an attorney (a far better bet!).

But yes, she should also expect Dad to try the Laches defense.

Also, is it actually collectable? As in, is he working?

[MommaCass6]

Well I know that he got married and has a nice house. They have money too so I would think so. Would it be worth getting a lawyer? She doesnt have alot of money.

[Dogmatique]

If his wife owns the property and/or earns the money, it's not going to help because she's not responsible for his child support debt.

Yes, I'd talk to an attorney if I was Mom.