IL Child Support Arrears / IRS question / And more

[elfoxx]

Brief History: The NCP has a miserable payment record, and basically stopped paying CS one year ago.  In April, he was found in contempt, whereby ordered to pay interest on the $3.5k outstanding balance, but was not given any payoff date / payment demands (in essence, a 'free' debt collecting interest).  The man has no property.  Two court continuances later, he was paying (though, right before court appearances) the normal amount, and was warned on the last court appearance not to fall behind again.

In the meantime, our lawyer sent a notice for garnishment to his employer, which the NCP signed for, and garnishment never occurred (go figure).  We are now two weeks from appearing in court again (if he ever signs for his certified mail), adding his place of employment as a third party, for a charge against the failure to start garnishment, failure to pay the monthly fee assessed to our lawyer for the contempt trial and continuances, and failure to pay CS, again.

I am certain he has no intention of ever paying his arrears that he was found guilty of originally.  How do we go about ensuring any IRS refund to him may wind up in our hands instead?  Is there any additional paperwork that we need to fill out for this to occur?  Is there any other suggestions for extracting the arrears?  I did read about the Federal Child Support Law, but it looked like it was $5,000 in arrears or one year... When does the year come into effect?  The day the first CS payment was missed, or the day he was found in contempt in court?  Should we ask in the upcoming court for a motion to increase his CS to catch up on arrears, and if so, what do we do for this?

Any suggestions would be VERY appreciated!

[elfoxx]

Brief History: The NCP has a miserable payment record, and basically stopped paying CS one year ago.  In April, he was found in contempt, whereby ordered to pay interest on the $3.5k outstanding balance, but was not given any payoff date / payment demands (in essence, a 'free' debt collecting interest).  The man has no property.  Two court continuances later, he was paying (though, right before court appearances) the normal amount, and was warned on the last court appearance not to fall behind again.

In the meantime, our lawyer sent a notice for garnishment to his employer, which the NCP signed for, and garnishment never occurred (go figure).  We are now two weeks from appearing in court again (if he ever signs for his certified mail), adding his place of employment as a third party, for a charge against the failure to start garnishment, failure to pay the monthly fee assessed to our lawyer for the contempt trial and continuances, and failure to pay CS, again.

I am certain he has no intention of ever paying his arrears that he was found guilty of originally.  How do we go about ensuring any IRS refund to him may wind up in our hands instead?  Is there any additional paperwork that we need to fill out for this to occur?  Is there any other suggestions for extracting the arrears?  I did read about the Federal Child Support Law, but it looked like it was $5,000 in arrears or one year... When does the year come into effect?  The day the first CS payment was missed, or the day he was found in contempt in court?  Should we ask in the upcoming court for a motion to increase his CS to catch up on arrears, and if so, what do we do for this?

Any suggestions would be VERY appreciated!

[MYSONSDAD]

I am in Illinois too.

NCP's like this give the rest of us a bad name.

The 'GOV' is all about collecting and has a website for 'deadbeats'. You might want to check there and see if they have suggestions on how to collect.

http://housegop.state.il.us/detail_content.asp?id=9

http://www.ilchildsupport.com/deadbeats/


"Children learn what they live"

[reagantrooper]

Why dont you just  take his clothes, have him give his blood, make it inpossible to pay his "own" bills, take his DL, make him pick up trash, dig a ditch or his own grave, if all of this fails just have him tossed in jail because we all know that just because you gave birth and he is not living with you he should have to PAY you.

What is your monthly reward anyway?

NO its not child support its PROFIT for you for having given birth. Oh by the way does he see the child?

Good luck ta ya!

[stepma]

You don't have to do anything for IRS to take all of his refund. Last year The IRS took not only my DH's tax refund but also mine (our arrears were only $1500). I think it's mean to have current support raised, I would just be greatful you are getting any money at all. What if the problem lies with the CS collection agency?? or his work?? it took Missouri 6 months and a job change to get my DH's started. He really doesn't have any control once it gets assigned to wage garnishment.

[elfoxx]

I agree that he doesn't have any control once it gets to wage garnishment, but that's the problem.  He signed for the documents...  the work history supeona was ignored as well, which leads us to believe he purposefully hid the documents.  Our lawyer did call and speak with the 'manager,' who assurred us that everything was being taken care of.  It is a reputable establishment, and one that is multistate, so I'm sure they've been through the process before.  And, there is a very specific mandate for the wage garnishment to be started, timewise, under the Illinois Withholding for Support Act, 750 ILCS 28/1.

It's doubtful that we'll ever be able to have his support raised... That's just the type of person the NCP is.  Unfortunately, this is exactly the type of person that gives the majority of the NCP's a bad name.

Thank you for the information!  It does seem strange that the IRS would somehow be triggered to withhold refunds, but it is difficult to find out how they become aware of the arrears.