Paying Child Support While Having Non-Legal Custody

**Mr. Smithy** · 07-08-2008, 01:32 PM

My question involves child support in the State of: Illinois.

My son has been living with me and my wife since he was in Kindergarten, now he's going to 3rd Grade. I have been paying child support for him since me and his mother had split when he was 2 years old. He came to live with me since he was 5 years old. Since that time I have been paying child support religiously through deductions from my paycheck. I have a hearing on this matter coming up on July 17th. I am petioning the court for custody of my son. What I would be taking to court to show that he has been with me for the past few years are: school records, medical records and summer activities paperwork. My question is is there anything else I need to have with me to show the courts that he is residing with me? My only fear is that the courts would side with the estranged mother who only see's him once a month and when she find's out that I'm trying to get custody (i.e., she doesn't want to stop getting child support) she may try to fight me for custody.

Any thoughts would be greatly apprecriated.

My. Smithy

**CourtClerk** · 07-08-2008, 05:36 PM

If you've already had the child this long, I can't imagine what she would say to make the court think that it would be in the child's best interest to move now. 2 years is a little long to say it was a temporary move. Make sure you ask for CS to be stopped and an order for her to pay you is entered.

Good luck