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Mother asks for attorney’s fees in child support dispute

The former wife of a judge is appealing a denial of her request for legal fees as concerns a child support dispute. The woman had brought her former spouse to court concerning $1,750 that was allegedly unpaid. Though the payment of the child support was ordered, the former wife’s request for $9,000 in legal fees was denied.

The payment was part of child-support settlement from 2011. This arrangement finally ended when the father of the two children abandoned his parental rights.

It is reported that the ex-husband did issue a check on time back in August 2012. For whatever reason, the check was not located until much later.

The woman claims that she either didn’t have the check or didn’t know that she had the check until it was finally discovered. Her attorney thus contends that the former husband should pay the legal fees because a check should have been re-issued when it was discovered the check wasn’t cashed. Also, the law of the state in which this matter was tried did not permit “retroactive modification” of back child support payments.

Child support issues are important in that it can apply to most parents who find they are going through the divorce process. It can also concern the best interests of the child and the financial status of both parents.

While this dispute did not occur in Illinois, it may not be so different from child support disputes we see in our state. Though determining child support amounts in Illinois involve a number of factors, courts may deviate from guidelines under appropriate circumstances.

Source: Macomb Daily, “Macomb County judge’s ex-wife asks appeals court to award attorney fees,” Jan. 30, 2014