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Author Topic: Child Support Orders While Incarcerated  (Read 20562 times)
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lovnu4ever
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« on: January 20, 2008, 11:09:59 AM »

G has a daughter he pays monthly child support for. When he missed a months work last year he got a warrant for his arrest for nonpayment.  When he was in the county jail for a couple of months last year I bailed him out before he was sentenced to prison. My bail money went to his child support from when he was in jail.  When he gets out of prison I'm assuming he is going to owe a large amout of child support as well. Does this mean he will have another warrant? What if he cant find a job right away? Will a warrant violate his probation? I woke up in the middle of the night thinking about all of this. Abyone have any thoughts on this?
                                                                                  Raine
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mamacita1
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« Reply #1 on: January 20, 2008, 11:40:59 AM »

My brother lost his job, and then got another one with a much lower salary.  Each time, he went to court to get a reduction of the "set" amount, and of course was awarded it. 

I think if your G goes to court...takes his papers showing he was in prison....he won't be compelled to owe back child support. 

As for the warrant issues, I don't know....I have heard that it may be difficult to get released on probation if any outstanding warrants are in place.

I wonder if this situation can be taken care of now by you?  If it can, someone will come along and direct you, I am sure.

mamacita
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lovnu4ever
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« Reply #2 on: January 20, 2008, 11:47:01 AM »

he doesnt have any outstanding warrants unless he got one because he cant pay right now. Wouldnt the county know that he isnt paying right now because he is incarcerated? Should I write a letter to his judge? I dont know if they would even care what I had to say because I amy only the girlfriend.
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mamacita1
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« Reply #3 on: January 20, 2008, 11:52:35 AM »

I would double check with the county if he has any outstanding warrants.  The counties are not very good about cross-communication. 
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Susan
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« Reply #4 on: January 20, 2008, 04:47:00 PM »

In prison, or not, I believe the child support keeps adding up until he petitions the court for a downward modification. If the judge does award a lesser amount, it will be effective on the date that he filed for the modification, no sooner.
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« Reply #5 on: January 20, 2008, 05:02:17 PM »

Well, before he's released the IDOC run a final check for warrants.  If he has one for child support he'll remain there until he either satisfies the amount of child support owed or goes to court.  My ex-BIL was sentenced to Stateville for 61 days and he wasn't released due to back support and someone had to come up with $6,000.  It all depends whether the child's mother is going after him in court or the State will if she's receiving any kind of aid.  He could always write a letter to the reporting County clerk's office and explain that he's incarcerated and therefore unable to fulfill his child support agreement.
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lovnu4ever
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« Reply #6 on: January 20, 2008, 05:45:45 PM »

He is writing a letter to the court so hopefully that will help the situation. Why would they keep him in prison when its only going to make the amount higher because he obviously cant work. His daughters Mom is on welfare so I'm hoping they might have some kind of clue that he is in prison. Is there anything I can do to help him? I cant pay his child support but I can make some phone calls I guess
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« Reply #7 on: January 20, 2008, 05:50:53 PM »

Yes, if I were you I'd call the County clerk's office and ask for Child Support Division.  I'd explain the situation and ask what can be done to ensure that he won't be arrested or held in prison longer because of child support arrearages...they are the ones that could answer your questions the best.
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« Reply #8 on: January 20, 2008, 05:58:40 PM »

I just got off the phone with the Sherrif's dept. And he looked up his name and said there werent any current warrants. I'll let G know so he can write to child support division just so he can cover his  moonie

Its getting so close and I am so worried something is gonna go wrong. Better over cautious right now I think.
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lovnu4ever
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« Reply #9 on: January 20, 2008, 06:00:01 PM »

Yes, if I were you I'd call the County clerk's office and ask for Child Support Division.† I'd explain the situation and ask what can be done to ensure that he won't be arrested or held in prison longer because of child support arrearages...they are the ones that could answer your questions the best.

Thanks DAZZLER
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Jims
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« Reply #10 on: January 20, 2008, 06:15:57 PM »

I looked up the Illinois Child Support Enforcement Agency website and found the section regarding requests for modifications. The site itself does not give a lot of answers. It does provide a phone number:

Non-Custodial Parents:  If your financial circumstances have significantly changed and you feel that your situation warrants a modification, you can request a modification of your support order. You may request a review by contacting the Child Support Customer Service Call Center (1-800-447-4278) or by submitting a letter of request to your Regional Office.

I was also looking around for additional information and found out that upon his incarceration, an inmate in Illinois is supposed to be given a brochure explaining his situation regarding his child support obligations. Not all inmates are eligible for modifications. Approximately 54% do receive a modification. Though Illinois is one of only a few states to ever lower an obligor's order to $0, they usually reduce the amount by up to 75%.

My guess is that those inmates doing short sentences (3 years or less) probably do not receive a downward modification. Longer sentences probably are eligible for modifications of various amounts.

How old is his daughter? Why is his ex-wife on welfare?

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lovnu4ever
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« Reply #11 on: January 20, 2008, 06:29:54 PM »

His Daughter Is 5. She has a 1 year old as well by another man. She is not married and has always been on assistance for as long as I have known her. (about 3 years). I knew her before I knew G. When he is working it automatically comes out of his checks. I paid it up while he was in county (they took it from the bond money).
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mamacita1
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« Reply #12 on: January 20, 2008, 06:47:42 PM »

What should I do about my child support order if I am in prison?

If you are in prison you will still be responsible for child support based on your past income until you get your support obligation modified by a court or administrative agency that set the obligation.

Many non-custodial fathers believe that if they get behind at a time when they are legitimately unable to make a payment, what they owe can later be reduced or discounted by the court when an explanation is given. However, if you wait to explain your changed circumstances, the court will be unable to reduce the back payments that you owe. If possible you should notify the court immediately, provide proof that your income is reduced because you are in jail, and ask that your payments be reduced accordingly. If you do, the court may temporarily or permanently reduce the amount of the payment.
http://www.cffpp.org/legal/illinois_en.html#child13


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lovnu4ever
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« Reply #13 on: January 20, 2008, 06:54:31 PM »

Thanks again. I'll send all this info to G so he can write some letters and get things in order
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« Reply #14 on: January 21, 2008, 01:13:46 AM »

My LO was swapped for DNA in prison because a woman he had been involved with prior to being locked up claimed him as the father. Good thing he is the father (since she named him after him). Anyway, he kept receiving notices of child support owed - yes, mailed to him in prison. I'm not certain if he did anything about it or not because irregardless, he is responsible for the child. I will check on this but I believe since she was on welfare that he will be responsible for paying back the welfare grant money to the state.
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« Reply #15 on: January 22, 2008, 09:51:57 PM »

My ex-husband owes around 30,000 in back child support and the state of illinois has never put out a warrent for his arrest.  He said he just received a normal child support letter in prison about 9 months ago but nothing since then.  I don't collect welfare and haven't for over 19 years so I don't know if that is differant.  They just took money out of his paychecks when he had a job but they told be there is nothing else they can do.  So, I don't think I would want to call and ask them just in case it stirs up things??
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lovnu4ever
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« Reply #16 on: January 22, 2008, 10:30:18 PM »

G has a daughter he pays monthly child support for. When he missed a months work last year he got a warrant for his arrest for nonpayment.† When he was in the county jail for a couple of months last year I bailed him out before he was sentenced to prison. My bail money went to his child support from when he was in jail.† When he gets out of prison I'm assuming he is going to owe a large amout of child support as well. Does this mean he will have another warrant? What if he cant find a job right away? Will a warrant violate his probation? I woke up in the middle of the night thinking about all of this. Abyone have any thoughts on this?
† † † † † † † † † † † † † † † † † † † † † † † † † † † † † † † † † † † † † † † † † Raine
Are you in Illinois?

Yes Illinois
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lovnu4ever
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« Reply #17 on: January 22, 2008, 10:33:56 PM »

My ex-husband owes around 30,000 in back child support and the state of illinois has never put out a warrent for his arrest.† He said he just received a normal child support letter in prison about 9 months ago but nothing since then.† I don't collect welfare and haven't for over 19 years so I don't know if that is differant.† They just took money out of his paychecks when he had a job but they told be there is nothing else they can do.† So, I don't think I would want to call and ask them just in case it stirs up things??

Ive known G for 2 yrs now and he's a roofer which can be somewhat of a seasonal job . On 2 occasions he has gotten warrants for child support Because he wasnt working. The state is all up on him
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jazzyme
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« Reply #18 on: January 22, 2008, 10:50:16 PM »

I think DAZZLER is right with depending on the situation.  Before he was incarcerated he was collecting money from his unemployment checks.  Since I wasn't on welfare for very long he didn't owe the state much money but he owed me most of the money.  I do remember he was in jail for something minor years and years ago but I told the judge he was paying me so they just disregarded it and let him out but I had to write a letter that day.  My kids are now 24 and 21 so I guess if anything came up I could always tell them I don't want the money at all.  I am NOT after him for the money and that is in the past.  From what I can tell from the internet Illinois doesn't put very many people in jail for non payment.  Seems like they go more after the guys that the ex is pushing on them.  Any insight?? Just my opinion. 
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lovnu4ever
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« Reply #19 on: January 22, 2008, 11:07:39 PM »

This woman has always gotten as much state assistance that is available to her. Dont get me wrong, He needs to pay his child support and in a timely manner. I have never seen anything like this before either. They are very aggressive with him. I have bailed him out twice on child support warrants and I know it was paid the month before because I've seen the amount deducted out of his paychecks. The state would be in great shape if they were on top of this with everyone wouldnt they?
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jazzyme
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« Reply #20 on: January 22, 2008, 11:23:10 PM »

That is a real shame!!  What a witch she is.  Does she not know how to work or just knows how to live off the state??  Like I said if you are currently collection welfare then they are really coming after you.  Does she know he is in jail??  How old is the child??  I believe men should pay for their children also, but that's kinda hard to do when you want them locked up.  Your obviously not gonna get a dime then are you??  Some women have nothing better to do with their lives I guess but try to make everyone else miserable because they have such hate for their kids dad.    Like I said since my case is so old and my kids are grown they really don't care and from what I've read their are many others that are incarcerated for other offenses but the state of illinois doesn't say a thing to them.  I imagine of the woman is a witch like this one your dealing with they she is pusing the issue?  Am I reading this right?? -+_
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« Reply #21 on: January 22, 2008, 11:43:33 PM »

I also live in Illinois.  In August, 2005, I applied for TANF because I had a newborn and a toddler, and my husband had just been incarcerated.  The TANF person at DHS forced me to make an appointment with the child support agency in our county.  I went there bringing all the necessary documentation that they had requested (it cost me $34 to get the birth certificates they requested).  After everything was said and done, the child support agency in our county decided they were not going to pursue child support since he was incarcerated. 

TANF is the program in Illinois where you get cash assistance.  You can only be on it for a certain length of time, and I believe that is two years.

Since the state didn't push the issue, I would have to believe that it is the mother of the child that is being adamant in having the issue enforced.
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jazzyme
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« Reply #22 on: January 23, 2008, 12:26:27 AM »

Shari-
  I definitely have to agree with you on that.  NOT ALL women are that evil.  You had all rights to collect TANF since you really needed it.  I know that the state always wants to go after the Dad but how much are you going to get from someone that is incarcerated??  And on top of it as your case you don't want him in jail or anything of that sort.  As I had stated in a earlier post I used to get TANF about 19 years ago but never needed it again.  I think when they sent my ex the child support papers in jail 9 months ago it was just a general form he said telling him how much he owed.  On top of all that he is a construction worker and only works seasonal and has many health problems which forced him to get the medicaid card to help with his medical bills since he has no insurance so I think they are aware that he never eluded his obligation but paid when he could.   
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mamacita1
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« Reply #23 on: January 23, 2008, 12:27:22 AM »

Quote
That is a real shame!!  What a witch she is.  Does she not know how to work or just knows how to live off the state??  Like I said if you are currently collection welfare then they are really coming after you.  Does she know he is in jail??  How old is the child??  I believe men should pay for their children also, but that's kinda hard to do when you want them locked up.  Your obviously not gonna get a dime then are you??  Some women have nothing better to do with their lives I guess but try to make everyone else miserable because they have such hate for their kids dad.    Like I said since my case is so old and my kids are grown they really don't care and from what I've read their are many others that are incarcerated for other offenses but the state of Illinois doesn't say a thing to them.  I imagine of the woman is a witch like this one your dealing with they she is pursing the issue?  Am I reading this right?? -+_   



You know, when I first thought about this, I was thinking the same way you were: why would they go after a person in prison?  But the more I thought about it, the more I realized that SOME men may actually put themselves in a situation just to AVOID paying child support, out of SPITE.  So, I thought, this must have been the logic of what seems to be an unfair law....to make sure that a biological father does not AVOID his responsibility under the law.

And then I was thinking:  what about that person who is not trying to AVOID and SPITE?  So, I pondered this question, and I came to realize that when one is convicted of a crime, this law serves as a deterrant.   I guess the real question is: does it?  Those of us who have a loved one in prison directly or indirectly because of mental health issues or drugs - we know that such laws are not a deterrant.....and in reality, are crimes of passion a deterrant?

Is the "system" perfect?  Absolutely not. 

Having said all this....now the issue of the mother's culpability comes into place.  There are many factors to take into consideration. Was she young and her youth robbed?  Was she a product of an unhealthy home environment? Is she someone that suffers from mental health issues?  These are only a few of the many questions that one must consider.

In the end, our society tries to take care of the adults and children who make bad decisions.  Is this fair?  I don't know.  I only know that we must keep the child in mind...and to help them when their parents are unwilling or refuse to do "the right thing". I also know that we as a society must take care of those that CAN NOT take care of themselves.  I do know that many "play" the system....and those that try to do "right" pay the price. 

Ultimately, who pays the price?  The children!  The education system!  Society! 
JMHO:  mamacita
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« Reply #24 on: January 23, 2008, 12:56:19 AM »

I'm a contracted DHS worker. I work for one of the agencies that DHS contracts out.

TANF you have a clock of 60 months. (under age 20 w/o a high school diploma you are eligible for Teen Parent Services and are required to finish school first - have to be 18 to get TANF unless can prove independence prior to that age) As an adult 20 years of age or older you can apply for TANF. If you child is under one you are exempt from earning an income, however DHS is suppose to offer parenting classes twice per month while in the one year exemption. DHS requires that you cooperated with child support enforcement by naming the father of your child in order for you to receive benefits. It used to just be in order to get cash but they also require it for medical. There are a lot of changes coming down the pipeline. Even to qualify for food stamps you have to work 80 hours per month and if you don't then you have to volunteer that amount.

So believe me - it all catches up to those that try to "use" the system. In many ways it makes it harder for the ones that need the assistance for a temporary stance.

However, I can not grasp why the state would go after someone in prison when it is obvious the person does not have an income - or one that is substantial enough to support a child.
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lovnu4ever
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« Reply #25 on: January 23, 2008, 08:41:01 AM »

She is very revengeful toward G. I wouldn't put it passed her for calling childsupport enforcement when he doesn't have any work ahead of him. We are getting all out ducks in a row this time. He is writing a letter to the judge now. He is also writing one to child support enforcement as well. When he gets back to work we are gonna put some money away to send in when he is off. I checked his balance and he only owes about 1200.00. The state should spend more of their time gettin' the guy who owes tens of thousands. With that said I'm sure she plays a big part in him getting these warrants. G just needs to stay one step ahead of him and always do the right thing.
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« Reply #26 on: January 23, 2008, 09:51:25 AM »

lovnu4ever-
That's great that you are one step ahead!! Let us know how things work out.  The last thing anyone would need is waiting for your loved one for so long to only hear they have a warrant that would prevent him from getting out.  I will say some prayers for you.  GOOD LUCK! -+_
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« Reply #27 on: May 09, 2008, 04:07:25 PM »

I was just wondering would any judge order an inmate to pay child support WHILE in prison if there was no order before. His whacko ex is claiming she is going after him for child support! LOL If she does get it and they order him to pay half, she won't even get $5 a month! And if he does get ordered to pay child support, doesn't that get him visitation rights? If so, does that mean she has to bring them!?
Hope someone has an answer or two!
Thanks wc14 wc14
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« Reply #28 on: May 09, 2008, 04:42:04 PM »

I know from experience, paying support does NOT guarantee visitation. As far as paying support, if public aid is involved, they can take half of his state pay. That really sucks. Especially if that is his only income.

Depending on how long he is down for, he needs to file a Motion to Modify Support right away. I did my own and got it abated during my incarceration. If you need any help, let me know. I will help him file it.

Rick
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« Reply #29 on: May 09, 2008, 05:00:14 PM »

OMG you got to be kidding me! This really happens? People having to pay their state wages for child support?  wc26
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« Reply #30 on: May 09, 2008, 05:25:31 PM »

Wow!     Child Support!!!!!   wc35 New concept to me and I have been divorced let's see my oldest is 20 and my youngest is 16...........so 16 years.  Every so often the state of TN will send me a letter telling me what he owes............they never went and got any of it.

sorry just me being sarcastic.

Walking Stick,  The debit card went in the mail today.
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« Reply #31 on: May 09, 2008, 06:07:21 PM »

oh thank you soooooo much   wc30 wc30 wc30
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« Reply #32 on: May 09, 2008, 06:11:19 PM »

My first bit at EMCC I was served with a withholding order equal to $7.50. That was half of my state pay. I filed a pro se motion and it was reduced to zero while I was incarcerated. Like I said though, public aid has to issue the order.

He can file a Motion and the court will hear it after his release and it will be retroactive to the date it was filed.
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« Reply #33 on: May 09, 2008, 06:13:38 PM »

Still,
By the way, I hope you find this as funny as I did, but I am 41 and my mom just got a $4400.00 check from my dad for the support he owes. She's in her 60's. Hilarious!
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« Reply #34 on: May 09, 2008, 06:31:44 PM »

Well and my father is still paying on my brother that would have now been 30 years old... however he was shot and killed when he was 23.  wc23
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« Reply #35 on: May 09, 2008, 06:39:27 PM »

Sorry to hear that. But I thought that my mom getting a check after all these years was funny.
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« Reply #36 on: May 09, 2008, 06:46:35 PM »

it is !! congrats to her... she deserves it. being a mother is not an easy task
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« Reply #37 on: May 09, 2008, 07:04:55 PM »

I prefer the job of dad  wc1.   I would not trade it for the world. But you mothers have alot to do too and never enough recognition!
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« Reply #38 on: May 09, 2008, 07:09:36 PM »

I thought I had responded but I don't see it.........oh well try again.

Actually, if I had been your mom, I would still be dying of laughter over that. wc35

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« Reply #39 on: May 09, 2008, 09:48:47 PM »

I don't get it, Still. Over here in Ohio (and in several other states), if a father is seriously in arrears with his child support, the state can suspend his driver's license until he is caught up with a portion of the arrearage and has a plan in place to pay, and he can be sent to jail (not that being sent to jail would help. They may be thinking that the threat of jail could be enough to have the guy pay up). They can put liens against federal and state tax returns, bank accounts, and property. They're very aggressive in some states. But not Illinois?
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« Reply #40 on: May 09, 2008, 10:00:20 PM »

I believe it's the same here Jims.  I believe if they're in arrears they cannot register a vehicle and they can face jail time.
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« Reply #41 on: May 09, 2008, 10:01:36 PM »

A friend of mine was denied a fishing license over back child support.I think Cadence's mom and dad should both be paying some sort of support, even a pair of shoes would be an effort.
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« Reply #42 on: May 09, 2008, 10:10:14 PM »

Jims,

I actually get that from TN.  I have not tried to pursue it since I came back to IL.  I am not sure how Illinois works, but I have a better idea of WI.  I have a cousin that has a disabled daughter.......husband couldn't deal with it and they divorced.  He left the state.  WI kept telling her that they could not find him, even though my cousin kept telling the courts that he was in Arizona.  Finially two aunts (one being my cousin's mom) decided to take a little vacation out to Arizona.  Where they literally played private eye and found him.  Took pictures and got as much as they could to show the courts.  They came home and my cousin headed back into court.  I don't know if they ever did get child support.

Keep in mind that this was in the early to mid 90's and TN.........good example..........there was couple that we knew here in Chicago that while visiting us in TN, we found out had abused my older daughter.  They left and TN pressed charges.  I tend to be more of a grab the bull by the horns type person, so I started calling Cook County to make sure that they picked this guy up.  It was the year that Chicago had that flood under the city and most of the computers for the sheriff were not doing too well.  When they finally got to be able to look him up in the system......he was not there.  Turns out that TN did not have a clue on how to enter the warrant into the National warrant whatever it is called.  Cook County called down and literally walked TN through on how to do this, then picked him up the next day.  Don't get me wrong.......I loved the people down there, and the laid back lifestyle compared to here, but they tend to be running behind when it comes to technology.
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« Reply #43 on: May 09, 2008, 10:25:36 PM »

I know from experience, paying support does NOT guarantee visitation. As far as paying support, if public aid is involved, they can take half of his state pay. That really sucks. Especially if that is his only income.

Depending on how long he is down for, he needs to file a Motion to Modify Support right away. I did my own and got it abated during my incarceration. If you need any help, let me know. I will help him file it.

Rick

This is correct info., establishing paternity, custody & support comes first, which he can do pro se(on his own) or a public defender can be asigned. He does have to amend his support payments while incarcerated or they will take his state pay & the back pay will keep acruing, as the previous stories warrant getting checks long after the child is over 18.
Visitation is almost it's own ballgame & PD can't help on that. If public aid is involved & it's in the best interest of the child, father had previous contact, lived with the child, suupported sometimes, among other things, they will accomodate transportation to visit through an agent. If they are not, you can suggest at the hearing, a family member or someone close to the child to be the mediator for visits. Let me tell you 1st hand from a male inmates side, it's nearly impossible to find legal aid or to enforce visitations with a prisoner if the mother isn't cooperating.
I'm in the middle of this process with my boyfriend right now, we're waiting on a court date. I've got quite a bit of info. or helpful contacts if you have more questions.

By the way, Ill. does revoke drivers, fishing liscences & withhold income tax or the stimulus check for back child support, as well as incarcerate, but not very good at collecting across state lines.
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« Reply #44 on: May 10, 2008, 01:15:10 AM »

My boyfriend has an 8 year old son. He has never paid child support and has a record of violence. I went to the mother and together we made it so he had to have monitored visitation, I am his overseer and have been for the last 5 year. He has paid no support and has had a 1000$ body attachment for almost 2 year for not paying. Yet he is still allowed to see his son every other weekend.  The mother could have him arrested on them weekends but does not want to put her son or his granddaughter through seeing him be arrested.

I have seen others go to jail for not paying. What I do not get is there bond is whatever they are behind in support. They do not offer so much a day or give them any way of working this money off while locked up. So this mean they are locked up till someone else pays their child support? My son is locked up with a man right now that has been in county for 14 months and owes over a 1000$. They canít leave them locked up forever and it is not allowing them to get a job and pay support, not that some even would with a job. It just seems there has to be a better way. I have never collected support for either of my children as I felt it was more important for them to have a father then the money, hardly did them or me any good. If it wasnít for the support of a very dear friend I donít know how I or my children would have made it.

I do not know a lot about how this works but it seems to me every community has work that needs to be done. So instead of letting these men sit in jail not working, why not put them to work and give them a chance to pay off that support? Seems to me that would be a benefit to all, but like I said I donít know much on how this all works.
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« Reply #45 on: May 10, 2008, 11:39:09 PM »

$1,000 for 14 months?  $75 a month? I mean no wonder the custodial parent doesn't go after the father until it adds up to a sizable amount. That doesn't even seem like the guideline amount. What judge in his/her right mind would think that $75 a month could do anything to help support a child??

Then there's the opposite end of the spectrum when non-custodial parents have to pay several thousand dollars a month because heaven forbid the kid's life should change one iota after the divorce.
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« Reply #46 on: May 11, 2008, 05:09:59 AM »

my support was $75 a month for two children, I only got four payments, but I can tell you from the receiving end, I welcomed that little bit of money! He was on disability(the glorified welfare kind) so he only was receiving a little over 400.00 a month from government.
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« Reply #47 on: May 11, 2008, 05:04:11 PM »

Mom's can be deadbeats too, I am over 6000 dollars behind in mine.  I am un-able to work due to health reasons, but every time I did work or changed jobs I let them know, I have let the prosecutors office know of my application for disability, but I got a letter that they are wanting to prosecute me, if they do, my parents will have to go in a nursing home (I help to take care of them).  I have never said I didn't owe the money, I have always been glad when they took it out of my taxes, that way I didn't have to worry about it.  I know this didn't really have anything to do with what you were all talking about. just had to put my say in.   wc23
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« Reply #48 on: May 11, 2008, 07:34:04 PM »

Let them prosecute. You cannot be sent to jail if you can show that you did not withhold payment willfully and with contempt. It is easy to file a motion to modify. Fill in the blanks. I have only heard of one case in the last 10 years or so of the State's Attorney actually prosecuting anyone on non-support. As a rule it is a civil matter. The opposing attorney, for your former spouse can ask that you be held in contempt and then you can be sentenced to the county jail. It is HIGHLY doubtful that you would go to prison. Good Luck!
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« Reply #49 on: May 13, 2008, 09:05:28 AM »

Waid I don't think Illinios really does much of incareration for arrearages unless the custodial parent is currently receiving public aid.  My ex owes me 38,000 and he said they only sent him one letter stating how much money he owed but they never took any of his state pay and he was realeased from jail without a problem.  I know they do not let you get fishing license or drivers license but in his case what differance would it make when his license is revoked for LIFE because of too many DUI"S??   

I guess it all depends on the circumstances.
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« Reply #50 on: May 13, 2008, 10:09:34 AM »

I have seen alot in Child Support court. I have seen a Man in the brown jail outfit because he had an outstanding warrant for Child Support and he stood in front of the Judge and said this happens every few months for a Child that DNA has established isn't mine. I am going to lose my job and the ability to take care of my "real" family if I keep going to jail over this.

I have seen the Judge tell Men you have until your next court date to come up with 10% of your arrearage or you will be going to jail. I have seen them actually lock people up and you hear the women in the courts talking and not all are on Public Aid but if you have Public Aid represent you they will handle your case the same as they would someone who is receiving benefits.

I don't know much about visitiation while the father is in jail but I do know one that is free can go and petition for visitation even if he isn't paying support. Support will come up at the hearing but if he has a reason for not paying they will give him an order of $10-25 per month and start the process of issuing a visitation order.
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« Reply #51 on: May 13, 2008, 10:15:44 AM »

I have seen alot in Child Support court. I have seen a Man in the brown jail outfit because he had an outstanding warrant for Child Support and he stood in front of the Judge and said this happens every few months for a Child that DNA has established isn't mine. I am going to lose my job and the ability to take care of my "real" family if I keep going to jail over this.

I have seen the Judge tell Men you have until your next court date to come up with 10% of your arrearage or you will be going to jail. I have seen them actually lock people up and you hear the women in the courts talking and not all are on Public Aid but if you have Public Aid represent you they will handle your case the same as they would someone who is receiving benefits.

I don't know much about visitiation while the father is in jail but I do know one that is free can go and petition for visitation even if he isn't paying support. Support will come up at the hearing but if he has a reason for not paying they will give him an order of $10-25 per month and start the process of issuing a visitation order.

You are right. Theose judges are real quick to lock one up for contempt of court. As far as visitation goes, it is illegal to withhold visitation in lieu of support and vice versa. To withhold visitation, that is a criminal offense and the custodial parent CAN go to jail for Criminal Interference with Court Ordered Visitation. 9 out of 10 times the court will allow some kind of visitation even if there are arrears on support. The only way to not get visitation is if the parent seeking the visitation is a sex offender. Then it would be a supervised visit by DCFS.
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« Reply #52 on: May 13, 2008, 03:32:37 PM »

Well my guy goes to court on the 24th of this month, so I'll let you know how this visitation while in prison goes.
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« Reply #53 on: May 13, 2008, 04:07:38 PM »

That should be interesting.
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« Reply #54 on: May 13, 2008, 06:37:50 PM »

Angie I am surprised they did not keep J in Jail for owing as much as he does??  Kinda confusing but I think some get lost in the system.
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« Reply #55 on: May 14, 2008, 07:48:12 AM »

Some do get lost in the system actually more than not.
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« Reply #56 on: May 16, 2008, 12:47:36 PM »

i only get 47.00 a month for 3 children cause my ex claims he's all of assuden disabled.
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« Reply #57 on: May 17, 2008, 11:45:40 AM »

Well and my father is still paying on my brother that would have now been 30 years old... however he was shot and killed when he was 23.  wc23

walking stick - it may be that he was so far in arrears - they will continue the order until paid in full - regardless of age or circumstances - it goes to the custodial parent
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« Reply #58 on: May 17, 2008, 01:13:01 PM »

He doesn't have a current order but she's applying for welfare and they ARE going to go ater him most likely. So does that mean they'll bring the kids to see him if they do??? Hell, I'd pay them the $5 a month (he'll be paying in child support) for them to bring the kids! Hell, cost me a hell of a lot more last time I brought them!
WooHoo he just called me!   wc6
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« Reply #59 on: May 17, 2008, 01:46:28 PM »

He doesn't have a current order but she's applying for welfare and they ARE going to go ater him most likely. So does that mean they'll bring the kids to see him if they do??? Hell, I'd pay them the $5 a month (he'll be paying in child support) for them to bring the kids! Hell, cost me a hell of a lot more last time I brought them!
WooHoo he just called me!   wc6

In order for Public aid to get an order, he has to be proven the father via DNA or admit he is the father in open court. Then at another hearing they will look at his assets and determine his ability to pay. Because of his incarceration his ability is diminished so he will not be ordered to pay that much. Likely half of his state pay. That does NOT entitle him to visitaion. He has to petition the court asking for visits. The court has to convinved that it is in the best interests of the child to allow visitation. Assuming the court allows visitation, DOC rules stipulate that any person bringing children into a facility that are not the children of those bringing them, must be accompanied by a notarized letter from the custodial parent allowing the child to brought into a correctional facility and who they are to visit. This goes for veryone including grandparents and step-parents. I hope this helps.

Rick
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« Reply #60 on: May 17, 2008, 02:04:52 PM »

someone mentioned DHS might bring them????
Also I'd say it is in their interest he was their primary caregiver for the 2 1/2 years before he got arrested and secondary before those years.
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« Reply #61 on: May 17, 2008, 02:14:30 PM »

DHS formerly DCFS, would need a notarized letter from whoever has custody NOW in order to bring them into a prison in Illinois. I agree with you about it being in their best interest and hopefully he can prove that he was the custodial parent prior to him entering DOC as ex spouses can be REALLL nasty!

Rick
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« Reply #62 on: May 17, 2008, 02:20:14 PM »

Well, the ***** finally wrote him a letter, he got it yesterday. She let me bring them last month.
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« Reply #63 on: May 17, 2008, 02:28:20 PM »

I would say than it should not be a problem. Unless she wants to play hardball. In which case I would file a Motion to Compel which would force her to turn the children over for visits with dad.

Rick
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« Reply #64 on: May 17, 2008, 02:34:19 PM »

Wow, all these different motions. So do I have to wait until the child support hearing? If they do file would he be brought to the court for the hearing? Can I file for visitation before the child support hearing? Do they have to do the DNA test to prove he is the father? And DHS is not DCHS. DHS is Department of Human Services...AKA Welfare.   DCFS is Department of Children and Family Services (the *****s that rarely do whats in the best interest of the child) Which one were you referring to taking the kids. DHS would be the ones helping her file for child support since she is applying for cash through welfare.
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« Reply #65 on: May 19, 2008, 10:43:59 AM »

P's Friend,

You are right DHS and DCFS are different organizations.

He can petition for visitation at any time even if he isn't paying child support. However, with him being in custody it won't be easy. Also, the only way DCFS brings them is if they are in their care as in Ward of the State. If the Courts order visitation and it is up to him to get someone to incur the expense of bringing them.

Also, if his name is on their birth certificates or they were married at the time of birth then he is already established as the Father so there is no need for DNA unless either parent requests it.

Also, keep in mind that once Public Aid (DHS) finds out that the Father is in IDOC it is highly unlikely that they will pursue it now and if they do he can request it be suspended until his time is over.
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« Reply #66 on: May 19, 2008, 07:21:59 PM »

If there are no orders RIGHT NOW, there will not be an order for support entered until he is released. However, if there is an order already in place, DHS, will notify DOC of the inmates obligation. Once an order has been entered, child support CANNOT be abated in Illinois. Incarceration alone is not enough to convince the court you cannot support the children. Any income the inmate has (money earned from the state) is called disposable income as there are no taxes on this money and this money is available to DHS for distribution to the children. Money sent from freinds and relatives is not subject to scrutiny by the courts. Upon his release, if he is not working, there is what is called "Implied Support". This is support received from freinds and family members for the sole purpose of supporting the ex offender. Housing, food, transportation stuff like that. The court WILL enter an order at that time of a minimal amount, usually $20 per month per child.

By the way, if there is an Order of Withholding in place NOW, that amount that they say he can pay is adding up and will NEVER go away unless it is paid. He will need to file a Petition to Modify Support. There is no way around this. The court cannot go back and do away with arrearages. However, the modification will take effect retroactively to date the Motion was FILED with the court. So it is in his best interests to file such motion ASAP! AYou need to convince the court that there has been a substantial change in his ability to pay. That is the requirement. Unfortunately, incarceration does not qualify. Be ready to prove to the court that his incarceration is in no way connected to his divorce ( if there is a divorce) case. It cannot be related at all to his children. They will deny his motion in a heartbeat.

Both times that I was in, I had to pay half of my state pay to DHS. If they know where you are they are gonna get you. No doubt about that. They are killers!

Again, I hope this helps. I know what I had to go through and it sounds like alot but it pays off in the long run.

Rick
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« Reply #67 on: May 19, 2008, 09:19:13 PM »

Ok, so he won't have to pay til he gets out then. There is no order in place and I'm not even sure if he's on the birth certificates and he wasn't married at the time. She's married to someone else anyway....doesn't that make her husband responsible for child support? LOL
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« Reply #68 on: May 19, 2008, 10:09:15 PM »

Ok, so he won't have to pay til he gets out then. There is no order in place and I'm not even sure if he's on the birth certificates and he wasn't married at the time. She's married to someone else anyway....doesn't that make her husband responsible for child support? LOL

No. If he is not the biological or adoptive father he is not responsible for support. The only thing that (marriage) would affect would be alimony. Since they were never married, she is not entitled to alimony. If a person receives alimony, as a rule if they re-marry the alimony stops.

Being a step parent in Illinois is just that, step. I was told by the judge that a step parent in this state cannot even take the step child to the ER for treatment. Sounds as if we need to have some laws changed.

Rick
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« Reply #69 on: May 20, 2008, 02:41:57 AM »

they have his last name. who knows really who the father is. She slept with a few people and at the time the kids were conceived and still, she is legally married to someone else. I was told that if you are married to someone, they are automatically assumed to be the father unless proven otherwise???
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« Reply #70 on: May 20, 2008, 06:24:05 AM »

It is whoever she put down on the birth certificate. That would be the assumed father until proven otherwise.

Rick
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« Reply #71 on: May 20, 2008, 08:40:15 AM »

Psfriend,

I have been in child support court a lot and have seen alot and I heard a Judge tell a man that since he was married to the woman and she gave the child his last name it is automatically assumed that he is the father and he had to request a DNA to to refute that. I have also heard a Judge deny a DNA test because the child in question was over the age of 10 and he said the man waited too long.

Rtippie,

You said "Being a step parent in Illinois is just that, step. I was told by the judge that a step parent in this state cannot even take the step child to the ER for treatment. Sounds as if we need to have some laws changed."

Not sure why Judge said that because I am a "Step" parent for 2 girls and I am no longer married to their Father but they are still with me and I do everything that a natural parent would do including ER. However, I can't get the courts to order child support for them.


When I stated have the payments suspended. I actually meant as Rtippie said modification. He can request that the payments be lowered because he doesn't want the balance to grow while he is locked up.

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« Reply #72 on: May 20, 2008, 10:54:01 AM »

Psfriend,

I have been in child support court a lot and have seen alot and I heard a Judge tell a man that since he was married to the woman and she gave the child his last name it is automatically assumed that he is the father and he had to request a DNA to to refute that. I have also heard a Judge deny a DNA test because the child in question was over the age of 10 and he said the man waited too long.

Rtippie,

You said "Being a step parent in Illinois is just that, step. I was told by the judge that a step parent in this state cannot even take the step child to the ER for treatment. Sounds as if we need to have some laws changed."

Not sure why Judge said that because I am a "Step" parent for 2 girls and I am no longer married to their Father but they are still with me and I do everything that a natural parent would do including ER. However, I can't get the courts to order child support for them.


When I stated have the payments suspended. I actually meant as Rtippie said modification. He can request that the payments be lowered because he doesn't want the balance to grow while he is locked up.



Your case is EXTREMELY rare. Hardly never do you hear of a non-biological parent getting custody, especially in Illinois.
In Re:birth names. The mother decides which name the child would have. Whoever SHE names as father is going to be liable for support until a DNA confirms. Just because she is married to a man does not in any way obligate that man to support if he is NOT named on the birth certificate.
Rick
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« Reply #73 on: May 20, 2008, 11:34:24 AM »

Well, I am not sure how rare it is because I know two other women in this same position. However, no just because she is married to someone doesn't obligate the man to pay support but it does assume that he is the father and if she then tried to get support that is when DNA comes in.

I believe and this is only my belief that because of how blended families are becoming so common you will see more non-biological getting custody. My Children's Mother never objected or had anything to do with our court processing. My Ex-husband didn't object to me having Custody and the girls were 16 and 15 at the time so they had some say.
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« Reply #74 on: May 20, 2008, 01:14:44 PM »

This whole family law thing has peaked my interest. I was unaware that paternity is presumed just because of the marriage. One would think that changes to these laws would be made. Let's face it, there is alot of infedelity these days and to assume that one is the father just because he is married is wild. I know from my own experiences that even though my name was placed on a birth certificate and the fact I was married, I still had to admit paternity. Maybe this is a safeguard for the courts. With all the litigation these days, maybe they are covering their a**.  wc1  As far as step parenting goes, my hat is off to those that can do it. I personally cannot. I tried twice. I really like kids but found it difficult taking care of some other man's kids. Especially if he was not making an honest effort. But that is just me. These folks that want money always seem to find me but there are guys like my dad who never paid a penny and gripe and moan about it when they get caught later in life. Maybe that is something we can start teaching people before they get out. In some states there is a Parenting Initiative that gets the inmate ready for parenthood. But I think one cannot be totally prepared. I got them from 23 down to 8 and man the things I see and hear are wild anymore. But thank you for setting me straight.

Rick
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« Reply #75 on: May 22, 2008, 11:24:51 PM »

 wc7 Thought I'd share the best news we've had in a long while. I don't have all the details, but the final result is awesome. My boyfriend had court today to request visitation & we were worried it would be thrown out since it wasn't filed in the county the child lives in as a legal aid lawyer told me it should be. It was granted!
Effective in 1 month, his daughter will finally be able to visit him every 60 days & in the company of his Mom or a 3rd party(me), if agreeable to the childs mother. Questioning his paternity or future child support was never even brought up.
I kinda coached him on what key things to bring up & hold his tongue, to take the high road. Sure enough, her momma bear claws were out & she threw s*** from 10 years before the kid was ever born. She even brought her preacher with her & play the whoa is me card to the max, but the judge called her on everything & kept cutting her short to get to the point. He was really grateful that a judge listened to him & believed in him for once.

I can't tell you how happy we both are to be given this chance to keep them together & I'm going this weekend to buy him a candy bar to celebrate! lol
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« Reply #76 on: May 23, 2008, 08:41:42 AM »

Waid,

That is good news. I am happy for him and the Child because kids do need their Fathers. Sometimes the courts do work for the Fathers. 
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« Reply #77 on: July 11, 2008, 11:21:10 AM »

Admins, I just noticed a Child Support topic. Sorry for new post. Could this please be moved there? Thanks and again Sorry.

Greetings Everyone,


I do not know if everyone knows this or not so I will post it anyway and if it not needed than please delete it.

If a person is incarcerated and there is an active order of witholding for child support, that order is in effect DURING the incarceration. In order to modify the amount, a Motion to Modify Support should be filed with the court or a request to modify should be sent if Public Aid is involved. Being incarcerated does NOT automatically stop the child support, or the obligation to pay. Any Motions or requests are NOT retroactive, only to the date of filing. So if you get locked up on Jan 1. and you do not file paperwork until Feb 28, the order will be retroactive to Feb 28. Tell your guys that the law clerks at each institution have pro se motions and requests in their files. Get them filed so that when you get out, you do not have happen to you what happened to me. I was unaware and was told that being incarcerated is not in itself a sole reason to suspend support payments. The state WILL take half of a person's state pay to satisfy child support obligations. If I can be of assistance to anyone, please let me know. I may be able to help locate forms or the like.

Rick
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« Reply #78 on: August 04, 2008, 10:17:18 AM »

Rick-
  I don't think this holds true for all cases in Illinois because my ex husband was incarcerated and he owed $38,000 for back support and more than 1/2 of it is owed to the state of illinois because I was on Public Aid back then. My kids are now 23 and 24 years of age and I never received a dime!  They never took a dime of his state pay nor did they do anything upon his release.  It seems this pertains more to people that are currently collecting support and does not apply to arrears?
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« Reply #79 on: August 04, 2008, 10:18:43 AM »

Wow!     Child Support!!!!!   wc35 New concept to me and I have been divorced let's see my oldest is 20 and my youngest is 16...........so 16 years.  Every so often the state of TN will send me a letter telling me what he owes............they never went and got any of it.

sorry just me being sarcastic.

Walking Stick,  The debit card went in the mail today.
I have to agree with you!! I am owed $38,000.00 for arrearage and when my ex was incarcerat3ed they never did anything!!
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« Reply #80 on: August 04, 2008, 09:42:44 PM »

My mom is 61 and y youngest brother is 36. She gets a $50 check every month.....LOL. Anyway, better late than never.

Rick
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« Reply #81 on: August 04, 2008, 09:57:52 PM »

That maybe true Rick, but the way I look at it, you have to pick your battles.  Some are worth fighting for, others aren't.  I consider myself lucky.....I have three good kids, though my son had me worried for a while there. 

Trying to raise them and stay on top of things, working, dealing with our lovely (there goes my sarcasm again) justice system and some personal health issues, it's not worth going after that.  I have had many people over the years, tell me that I need to go after their father for support.  First, you can't get something from someone that has nothing......and second, it would be one more headache that I can do without.
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« Reply #82 on: August 05, 2008, 07:12:03 AM »

I agree. wholeheartedly. I just thought it funny that she started receiving these payments at all. She never asked for them but I think the computers catch up with us and they will find out who owes. She went to the mailbox one day and voila, there was a check. Anyway, I posted because I hink is is so funny.

Rick
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« Reply #83 on: August 05, 2008, 07:15:32 AM »

I agree with you Rick, that is funny.  It would be mail that I would love to find in my mailbox too someday.  I had misunderstood and thought she had asked for them, my apologies.  The way your mom got them is like "found money"  something all of us would love to find.

still
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« Reply #84 on: August 05, 2008, 07:53:23 AM »

This will make you laugh .in 1991 my husband wnt to prison. i was forced to go on public aid .i had 3 minor children at that time. i informed child support where is was .i was only on aid while he was in 4 1/2 years. no court date was issued. in 2006 he finally got served to appear in court for child support. all are kids are adults and have been since 2001.they have him owing $70,000 in arrears .trying to convince the family judge that there are no minor children was a joke .he wanted to hear nothing . i tried to tell the judge how old this case was and after 6 months of fighting it and 3 weeks my husband was in custody for comptemt, he finally realized it and order him to pay $10.00 a week for the arrears.what a mess.
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« Reply #85 on: October 08, 2008, 02:44:06 PM »

I'm new here, does anybody know about getting a Modification in WI. My guy is currently at Big Muddy, but his child support order is in WI. Any information would be greatly appreciated.
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« Reply #86 on: June 25, 2014, 12:52:41 AM »

My bd is being held for dna child suppport not  my kids his previous kids witj someone else how.long will he fsit.in the countu jail
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