modification of child supprt

[AGirlAndHerCrow]

What is the name of your state (only U.S. law)? Illinos

Can an upward modification of child support occur without notifying the NCP?

 

[Silverplum]

What is the name of your state (only U.S. law)? Illinos

Can an upward modification of child support occur without notifying the NCP?

How would that work? How would the CP prove the NCP's income was increased? How would the NCP be afforded due process?

 

[AGirlAndHerCrow]

How would that work? How would the CP prove the NCP's income was increased? How would the NCP be afforded due process?

That's what i'm wondering. I'm asking because my husband received notice today that his child support payments have been raised, in fact it is now 50% of his income. I've stayed out of this maddness but since i'm a prelaw it intrigues me how this could happen. I know at the intial hearing, i wasn't there not my place, she didn't show to show that she needed more than standard (20% of NCP's income) and they set it at the standard. He was never served any notice of a hearing but was penalized for it, about three months after the hearing, that the CS has been raised to 50% of his income. I know he is current, heck i mail them out because my school has a mailbox out front, he receives unemployment while he is temporaily laid off, i mail all bills from that spot.

He called the Sheriff's department to see if anything was served or attempted to be at our address, they said only once, that was for the initial hearing. He also confirmed that there was nothing to be served under his name, they said that is correct. He has called everyone (local and state level) and they are confused as well. The only answer he got was that he didn't attend the hearing.

The paperwork he received from the hearing saying her motion to receive more support than necessary had been denied and that back child support (for five years) had been denied as well for not showing up and showing that she needed it.




Can he file for modification?

 

[Gracie3787]

That's what i'm wondering. I'm asking because my husband received notice today that his child support payments have been raised, in fact it is now 50% of his income. I've stayed out of this maddness but since i'm a prelaw it intrigues me how this could happen. I know at the intial hearing, i wasn't there not my place, she didn't show to show that she needed more than standard (20% of NCP's income) and they set it at the standard. He was never served any notice of a hearing but was penalized for it, about three months after the hearing, that the CS has been raised to 50% of his income. I know he is current, heck i mail them out because my school has a mailbox out front, he receives unemployment while he is temporaily laid off, i mail all bills from that spot.

He called the Sheriff's department to see if anything was served or attempted to be at our address, they said only once, that was for the initial hearing. He also confirmed that there was nothing to be served under his name, they said that is correct. He has called everyone (local and state level) and they are confused as well. The only answer he got was that he didn't attend the hearing.

The paperwork he received from the hearing saying her motion to receive more support than necessary had been denied and that back child support (for five years) had been denied as well for not showing up and showing that she needed it.




Can he file for modification?

How long ago was the order issued to increase the CS?

If it was very recent and he can prove that he wasn't legally served with notice he can possibly file for a rehearing.
He really should get a quick consult with a local attorney to see if that is an option or not.

 

[meg_dogg]

i would suggest he get to the courthouse involved and get copies of everything in the file, that will give him the filing information for it, etc, as well as copy of service that is in the file. This happened to my husband once, and what turned out to have happened was that his ex had the papers served to the wrong address intentionally. it was her sisters address, who accepted service on his behalf because he was "not home". His was even worse as it was a filing for emergency custody, and he found out when she showed up with the police to remove the child because she had been awarded custody at the hearing. sad to say, but it does happen.

 

[AGirlAndHerCrow]

i would suggest he get to the courthouse involved and get copies of everything in the file, that will give him the filing information for it, etc, as well as copy of service that is in the file. This happened to my husband once, and what turned out to have happened was that his ex had the papers served to the wrong address intentionally. it was her sisters address, who accepted service on his behalf because he was "not home". His was even worse as it was a filing for emergency custody, and he found out when she showed up with the police to remove the child because she had been awarded custody at the hearing. sad to say, but it does happen.

He did call down to the courthouse and had them search under his name, birthdate, address, and ss and the only time he had anything to be served was for the original hearing to set the amount of child support in October. The woman he spoke to at the courthouse said that sometimes a lawyer may serve on her behave, and that the lawyer may have lied about the service. Another person, at the child support hotline, said because she doesn't have a job and receives state aid that she could have requested it raised and it would have gotten it raised without notifying him. Either way it's kinda crappy. I always thought when a modifaction was filed, no matter who gets what kind of state aid, that the NCP had a chance to prove that their income hasn't changed.

 

[goddessoflubboc]

NCP had cs set at 20% while he was working.

Now they are taking 50% of his unemployment, right?

Which is either below or just equal to the actual *dollar amount* his cs was set at the original hearing I would presume.....

The 20% is how they get to the actual dollar amount. The order is written at that dollar amount per month. If he loses his job, as he apparently did, they can garnish up to 50% of his UIB.

 

[AGirlAndHerCrow]

NCP had cs set at 20% while he was working.

Now they are taking 50% of his unemployment, right?

Which is either below or just equal to the actual *dollar amount* his cs was set at the original hearing I would presume.....

The 20% is how they get to the actual dollar amount. The order is written at that dollar amount per month. If he loses his job, as he apparently did, they can garnish up to 50% of his UIB.

Nope, they set it at 20% of his unemployment because when the hearing took place he had just been laid off. The person that did the calculating told him when his job called him back or he found other employment to let them know. That is why he is so confused. The hearing was in October and he was laid off in September. They calculated cs based on his unemployment benefits because that is the only income he has coming in. Apparently the hearing for the modification was a few weeks ago, in which he was not notified of, and they awareded her more support because she cannot pay her bills and support their son and they awarded her five years back child support because he wasn't there to contest it. Her a initial petition for more child support than 20% and back child support was denied because she did not attend the hearing and did not have a lawyer in her place. He has always had to mail in his cs payments because his benefits are out of iowa because his job was based there.

 

[goddessoflubboc]

There's something missing here, the NCP needs to come and give info.

The only arrears that would be set at a subsequent hearing would be those accrued since the last hearing. If he *really* is completely caught up since then they can't set arrears after the initial order for time behind that original order.

 

[goddessoflubboc]

That's what i'm wondering. I'm asking because my husband received notice today that his child support payments have been raised, in fact it is now 50% of his income.

What kind of "notice"? A new order?

What does the first order say in regards to the actual amount(s) of support?

What does the second order (if any) say?

 

[AGirlAndHerCrow]

What kind of "notice"? A new order?

What does the first order say in regards to the actual amount(s) of support?

What does the second order (if any) say?

The original order states that he should pay $27 dollars a week because his total unemployment benefit is $133 a week. The new order states that he needs to pay $55 a week.

The accured amount from the last hearing was $27 for this week, which he mails out every monday. I know that because he IS current, I mail it out for him and he calls every week to the customer service line to verify they received the payment. Also, as he was informed at the original hearing, she has every right under Illinois law, to request back child support for the five years there was no order up until the child reaches 19.

The original order was written in the end of October so I doubt that there is that much of arrears, if there is which there is not, to warrent raising his cs.

 

[AGirlAndHerCrow]

Figured it out

I just looked at the new order agian and notice they have listed his previous job that he held six months ago and was laid off of as his current employer...based on what he made back then it would be just about right. I know they do a statewide social security search to see where a NCP is working so they have the employment info infront of them at the hearing and automatically get it withdrawn if NCP refuses to provide that information.

Well that company shut down the department he was working in and did not have a job for any of the displaced employees and he went on and got a security job in Iowa (we live on the border). He worked there a good solid 6 months, before half of the security got cut and was told they'd call him back as soon as a position opens. When they gave him the name of the IL company he used to work for and asked how much a week he made there, he told them that he no longer was there. He then gave them the Iowa Unemployment paperwork listing weekly benefits and the stimulus, etc.

The man then wrote down on the original order "Unemployment" and the official order came back with "Illinois Employment Security" listed as source of income. He called and informed them at the CSE that he received Iowa Unemployment. They never corrected it and he assumed that it was really no big deal as long as he made the payments. Well when she asked for the modification, I bet they pulled up his last Illinois employer and calculated it based on that because he wasn't there.

He has e-mailed his lawyer and has an appointment next week.

 

[goddessoflubboc]

Getting with the lawyer is his best bet then. They cannot change his order without giving him adequate notice and it seems we've exhausted the other possibilities.

 

[Astrolink]

I don't that hiring an attorney to contest a $220/month child support order could be cost effective.

 

[LdiJ]

I don't that hiring an attorney to contest a $220/month child support order could be cost effective.

I agree...at best he would only save around 100.00 a month and that would only be until he gets a new job. An attorney could easily cost a couple of year's worth of any savings.