Child Support Without a Court Order

[amessinil]

My question involves child support in the State of: Illinois

Hi- I am wanting to set up child support out of court with my child's biological father. For his protection, how can he prove the child support he givess me is not only a gift? We can agree on something he just wants to make sure if support is not court ordered he will not ever be ordered backed child support?

[mmmagique]

You really have an obligation to protect your child, not him. You should go to court and do this legally. For your child, not yourself. Just explain to him that you are looking after the health and safety of his child.

[distressedmom]

I tried to work out something out of court and believe me, it will come back to bite you. If he fails to make payments you have no recourse. If you decide later to go to court, there may be limits on how far back you can go to collect support. I've lost tens of thousands of dollars of money that would have helped support my son because I wanted to protect the father. I was stupid-- now I am court trying to fight for what is due to my son and run up against one road block after another.

If you really want to do what is in your child's best interest, get a court order. Do not try to arrange anything out of court.

[panther10758]

Any agreement you two reach is not a court order and in reality not binding

[amessinil]

I know it is not binding. I will have to trust in him that he makes reliable payments. This is just what we want to do for now until things are settled and we have money for attorneys. He just wants to make sure the money he will be giving me will be counted as child support when we do go to court.

[panther10758]

It doesnt count as anything other than a gift since it being given without a court order. You can call it what you want the court does not have to recognize it as what you call it. You need to do this through a court with or without an Attorney

[amessinil]

So if he goes to the bank and has his checks be made into legal checks and writes child support on them when he takes the cancelled checks to court with him they will possibly still say they are a gift?

[panther10758]

We dont play the "what if" game! If you want to protect yourself and the child you will do this through courts!

[babyfat5]

One other option other than going to court and paying lawyers is to go to the bcse in you local dhhr office they do the whole calculation but takes a few months then he pays them or they take it directly out of his check. I know of several people who have done just that and never stepped into court including myself. I just called them, they sent paper work to both of us, we filled them out dropped it off and they did the rest. It was really easy.

[amessinil]

Thanks. I would just file with the local child enforcement agency but I cannot because he is not on my son's bc. We do have a paternity test proving he is the father tho.

I guess I am going to have to somehow come up with the money to take him to court because he will never do so. He does not want to be on my son's bc.