Child Support Question

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Hi, I was referred here by a friend.  My husband's case is in IL.  He was never married to his twins' mother.  He has always paid CS by check bi-weekly.  They never had a formal court agreement.

1 month ago, he recieved a notice that he is to pay 147 weekly in CS and cash medical support.  This was to come out of each paycheck.  We did find out that she went through Public Aid.  My questions are as follows:

1.) How were they able to calculate a payment(which is too high based on the legal 28%) without his knowledge?

2.) He did go to a regional office in Rockford to file for a hearing for arrearages that he has paid.  What is his next step?

3.) How does he get this order modified to reflect his actual earnings if we do not even know which system to go through?

4.)  If this was done through the Dept. of Public Aid, why does he have to pay annual support service fees of $36 to the circuit clerk of McHenry County?

5.) Is there a way for us to claim this deduction on our taxes because this is a huge financial burden?

[socrateaser]

>My questions are as follows:
>
>1.) How were they able to calculate a payment(which is too
>high based on the legal 28%) without his knowledge?

In the absence of actual evidence of income, IHFS uses the other parent's sworn affidavit estimating your earnings. Then it's up to you to contest the amount with evidence of a different amount of earnings (pay stubs/tax returns).

>
>2.) He did go to a regional office in Rockford to file for a
>hearing for arrearages that he has paid.  What is his next
>step?

See http://www.ilchildsupport.com/csbrochures/hfs3457.html and the website generally for more info.

>3.) How does he get this order modified to reflect his actual
>earnings if we do not even know which system to go through?

The order of $147 support should have contained a notice of the process to object. If not contact IHFS and find out what the process is. If you prove that your actual earnings are different than what the other parent alleges, then the court will reduce your child support obligation to the statutory guideline amount.

>4.)  If this was done through the Dept. of Public Aid, why
>does he have to pay annual support service fees of $36 to the
>circuit clerk of McHenry County?

Public Aid, i.e., Illinois Health and Family Services  (IHFS) is the child support collection arm of the IL government. The court is evidently charging you for the filing costs of the court order to pay the support requested by IHFS.

>5.) Is there a way for us to claim this deduction on our taxes
>because this is a huge financial burden?

No. Child support is a personal obligation and is not tax deductable.

Your recourse is to either challenge the amount ordered as not representative of your actual earnings, if you submit your challenge within the required statutory limits (which may have passed by now), or request a new modification of support based upon changed circumstances (i.e., losing your job or getting a pay decrease, etc.).

If you have children of a new relationship, the court "may" lower your support burden so as to not injure the other children. However, if the amount of the reduction is insufficient, or the court refuses to reduce support (which is absolutely possible), then you as the new children's mother, can always separate from the father, and then file for your own support order, and the court will be forced to consider the amount of support owing to you.

Sometimes this last alternative is the only means of protecting the new children's interests. I don't recommend it -- I just point it out as the possible last resort to an unfair child support system.

PS. Next time you think about who you will elect to public office, consider writing to your state legislative representatives and federal congresspersons and telling them that if they don't fix this system, that you will vote against them on election no matter how they stand on any other issue.

Ultimately, this is the only solution to the problems faced by parents who are being abused by the modern child support system. Until legislators know that there is a majority of citizens who oppose the current system, they will do nothing to deal with it, because no politician will every do something that appears to hurt "children." It's political suicide without a massive public outcry.

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Thank you very much for your suggestions.  My husband and I do have a child together and another one on the way.  I am not trying to hurt his ex financially, we have always paid her, even when times were rough, I just do not understand how everything was done behind his back, without him even being able to contest the amount or anything.  

He doesn't even know where to go to file for a modification because it looks as if the case was handled in McHenry County and through the State disbursement Unit. ???

[socrateaser]

>Thank you very much for your suggestions.  My husband and I
>do have a child together and another one on the way.  I am not
>trying to hurt his ex financially, we have always paid her,
>even when times were rough, I just do not understand how
>everything was done behind his back, without him even being
>able to contest the amount or anything.  
>
>He doesn't even know where to go to file for a modification
>because it looks as if the case was handled in McHenry County
>and through the State disbursement Unit. ???

The process is generally the same:

1. The custodial parent, usually the mother, opens a case with IHFS.
2. IHFS sends out a preliminary notice of support that it will request from the court, based on the custodial parent's affidavit alleging the noncustodial parent's (NCP's) income. In some states, a wage assignment is immediately served on the NCP's employer and wage garnishment begins.
3. The NCP has X days to object and request a hearing.
4. If the objection is timely, then a hearing is scheduled with an administrative officer from IHFS. The NCP must provide evidence of actual earning capacity (tax return, most recent pay stub, or state that he is unemployed, but provide evidence of ongoing efforts to seek employment). Also, if the NCP has evidence of a reason for a deviation from state guideline support, such as new children or some other hardship (medical or mental disability, etc.), then the officer "may" (or may not) lower the support obligation from guidelines.
5. If the NCP is unemployed, then support will be based on what it would be were the NCP employed full time at minimum wage (because everyone is presumed to be able to find a 40 hour per week work at the minimum wage).
6. If the NCP objects to the hearing officer's final support calculation and recommended order, then he can file an objection with the court (McHenry County, in your case), and ask for the judge to hear the legal grounds for why the officer's recommendation should be modified.
7. Court enters a support order and a wage assignment (either the first or a new one, if one was already served at the time of the original notice to NCP) is issued and served on the NCP's employer.