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Need IL Statutes/laws that show the Court has jurisdiction over State Agencies

Started by EqualRights, Apr 20, 2013, 04:02:58 PM

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EqualRights

I am a Non-Custodial Parent in Illinois.  I pay Child support by Circuit Court Child Support order.  Have never missed a payment in over ten years.  The state of Illinois decided that they would disregard my Court Order for support, and generate bogus amounts of support that I owe, and then collect on them via confiscating my income tax returns.  This not only violates Due Process, as the State never motioned it up in Court, but it also violates the law, as the Court Order for Child Support, existed before any state action took place.  Can anybody point me in the right direction as far as laws/statutes that cover my issue.  I know that what the State of Illinois is doing is illegal, but I don't know where to find the specific statutes or Constitutional law that this would fall under.  I intend to not only be re compensated for the over-payment, but also file suit in Federal Court, as I have been damaged by the States illegal action.

ocean

When you call, what are they saying the money is for? Can you look your account online? Ask for an accounting for the last year. They should tell you over the phone what the current order is on file. You can ask family court that gave order for a modification to readjust arrears if it was made in error. Are there two accounts open in your name? Are you payments going into the right account? Does the child support agency have your correct address so you are getting the copies of paperwork on what they are doing?  Child support (state) can take your taxes without a court order. Usually here, they send you a letter in August stating if you are in arrears and that they intend to take your taxes if you are not current by Oct. You can send payment or copies of payment to prove you are not in arrears. Then after Oct, another letter goes out that your are all good or that you are still in arrears and they will take that amount from your taxes.

Change your taxes at work, so you will not get a refund. Up the dependents so you may have to pay a little but better to get your money each week then for them to take it from you in April.