Child support and an in Illinois incorporation. How and when should it be established? His income is zero right now.

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My sister has been hooked up with the same dirtbag for almost 20 years and they have 7 kids (oldest 19 youngest 2). This guy has basically done nothing but leach off her and my parents generosity for that entire time(steals cars from them, comes and goes, there's even 2 domestic incidents that went through the system) Well now the POS has finally done something with a distillery that he incorporated and it's starting to look promising. This would be awesome but he has a new girlfriend and has basically forgot that he ever had a family! My sister is passive. She's scared of him. She is making excuses to not peruse him legally. I read something on LLC's and he's giving himself a stipend. Basically anything he wants. When would be the best time to establish a complaint and how? Thank You

Attorney Answers

3
Dean Taradash ·
She should hire a lawyer and go after him for support.
0 upvotes
Jeannie Marie RidingsDivorce / Separation LawyerCrystal Lake, IL ·
If she wants to pursue child support, all she needs to do is file a petition with the clerk of the McHenry County Circuit Court. Under the law, his income is eligible for child support deductions. He may take his income in different ways -- stipends, draws, or wages, but none of that matters. It's all likely income for purposes of child support. If he's creative, and really wants to avoid paying child support, he could make it appear as if he has no income at all (make his business pay for all his expenses, and claim that they are business expenses). It may take some hunting to find out just what his income is, and some persistence to get a judge to order him to pay up.
0 upvotes
Anthony Scifo ·
The hardest part of this scenario will be convincing your sister to move forward. The only other advice I could impart, as Ms. Ridings has done an excellent job answering your question, is to state that Child Support dates back to the filing of the petition. She should consult with an attorney and get that Motion on file with the Court as soon as possible.
0 upvotes