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Child Support Question

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Momof2girls

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My friend is being garnished for child support in arears (sp). He said he received a letter that he is also being charged current. His son will turn 20 in two weeks. He is on his way to the office to see what is going on. I was just trying to get some info to help if he needs it.
 
The age of his son doesn't matter, if he has arrears, they will be garnished until the arrearage is satisfied. There are people getting their social security income garnished for decades-old child support obligations.

To stop the current support order, he has to go to court and file a motion to stop it. It doesn't stop automatically when the child ages off.

Is this the same guy you posted about before?
 
Really? You have to go to court to ask them to stop child support?

My DH's last time at court they pressured him to agree (even though he was unemployed) to a certain amount until DSD graduates from high school, June of next year.

So, you're saying that even though that order says $XXX through June 2014, if he doesnt go to court the court will still keep stating that more is due?

Thank you for your advice, I have been counting down the months that we have left.....
 
ILSDU keeps collecting until a court order tells them to stop. Especially if there was no agreed order in the first place. It is my understanding that her friend was ordered to pay support because his ex filed for SNAP/welfare, etc.

My stepkids stepdad (their mom's husband) had to go to court to stop his CS obligation when his oldest kid turned 18/graduated HS.
 
skincarekathy said:
The age of his son doesn't matter, if he has arrears, they will be garnished until the arrearage is satisfied. There are people getting their social security income garnished for decades-old child support obligations.

To stop the current support order, he has to go to court and file a motion to stop it. It doesn't stop automatically when the child ages off.

Is this the same guy you posted about before?
Click to expand...

Yes, thank you for all of your great information.
 
PS - and stepkids' stepdad had CS ordered as part of their divorce, no public aid involved in the process...

So like for the order we have for the kids mom to pay CS, it says it ends on such and such a date, but the date is when the youngest kid turns 18... so she will have to go to court when the older one turns 18 to get the order adjusted. Also when youngest turns 18, she has to notify SDU to stop collecting, and if they want a court order to stop it, she will have to go to court then, too.

It is a very disorganized, conflicting process in IL.
 
If the order has an end date, he should be able to go to court & have it stopped on that date. If he was paying through his employer, the end date should be sufficient to just stop the payments without going to court.

My DH did not have an end date with SS25. ExW was able to drag her feet FOR A YEAR before we were able to get it stopped.

I am counting down the days until SD17 graduates May 2014, too. :lol: Can. Not. Wait.


MomOf2Girls, is your friend in IN? I think IN can go until 21 or 22 or something with college.
 
Michelle, I would file a motion a couple of months in advance to stop the collection order, so you can get on the court docket by June to stop it. SDU doesn't stop collecting until someone tells them to stop. It varies by court, whether public aid is involved, etc. Most expedient to have a court date.
 
Even though there is an end date for an employer to stop withholding (that will protect the employer from fines/action for not collecting), that doesn't always mean that SDU will stop posting payments due/arrears. SDU has to be notified by the court that charges against that account are to stop, otherwise they will continue posting. Must be proactive.
 
And I will say that the kids mom is going to be so TOTALLY conflicted when older kid turns 18, because she will want to go to court to get CS adjusted (she DESPISES having to pay anything), however she is making like 4x the money she made when it was ordered, so it is a sure thing that if she files a motion to adjust, we will demand current financials, and she will end up paying more for 1 kid than she did for 2....

So messy!
 
Momof2 if SDU is still collecting current in error (and I am not at all sure it's in error, depends on the situation), he may be able to appeal and get whatever has been collected as current since the child either turned 18 or graduated HS (whichever is later) applied to his arrears.
 
skincarekathy said:
And I will say that the kids mom is going to be so TOTALLY conflicted when older kid turns 18, because she will want to go to court to get CS adjusted (she DESPISES having to pay anything), however she is making like 4x the money she made when it was ordered, so it is a sure thing that if she files a motion to adjust, we will demand current financials, and she will end up paying more for 1 kid than she did for 2....

So messy!
Click to expand...


This is exactly why my ExH hasn't stopped DD19's support. This has been on my to do list for a year now, but I hate conflict with him. I have a fluttery chest just typing this. :lol:
 
If we have to get a court date to stop the CS, I suppose the court would notify the other parent, too?

Seeing her in court is anxiety inducing. Even though we've bent over backward (sent CS money weeks early, 3x in the last 6 months) I can still imagine her in court behaving as if DH has not done enough....
 
If you file a motion in court for the custody order (without a lawyer, on your own), you have to notify her (CMRR, certified mail return receipt). She does not have to be served, per se, CMRR is enough. If she doesn't sign for the letter and it comes back to you, keep it UNOPENED and take it to court with you. The judge will accept that as evidence of your attempt to serve her with notice of the date. If she doesn't show all the better, it will be entered by default.

Once kid turns 18 you simply have to ignore her antics, nothing will come of it. Think of it as her final performance.
 
Kid turns 18 in October. Still have to pay at least through the end of high school per prior agreements.

What if we have no mailing address for her? OK to use her parents' address?

We know where her parents live, as that has been the pick up/drop off point for years. She does not disclose their current living arrangements, and when we have asked DSD we get evasive answers because its like that means we're snooping in her mom's business.
 
It would be perfectly legal for you to use her last known mailing address.

Judge Judy would probably find it more reasonable for you to send it to her parents house, since you "know" she frequents there, but I personally would send to last known mailing and be prepared to explain that my actions were legal and reasonable. I would want to err on the side of caution and not "harass" her parents with having to sign for her mail, as she doesn't live there.

After all, you don't know that isn't her current address. She simply has not ever provided you with a different address. It is not your job to play detective. It is reasonable for you to assume that as a prudent person, if she has moved, she has taken the responsible step of forwarding her mail.
 
I'm pretty sure (barring a restraining order) that she HAS TO disclose where the daughter lives. Of course getting her to do so would probably involve going to court, which to me is rarely worth the stress.

I wonder if your DH's exW & mine are related. Sounds familiar to me, though I don't think my DH's exW has a sister. :lol: So how many times a month do you say to your DH, "I don't want to hear it. Way to go, DH!" I'm down to once a month or so, but it's been 10 years. :p
 
I will go look for the order this afternoon. I believe it says through June 2014.

We have no other address for her except her parents address.

We have not ever directly asked for their current address, we have suggested we could meet up closer to wherever that is, but it is declined.

I am sure we could get the address with a court order/etc., but really it is not that serious, not worth the drama even though I would really like to know.

It is actually very sad how this has devolved over the last few years.

After years and years of seeing her every other weekend (ie. us driving 100 miles round trip, 2x per weekend, 2x month), we have only seen her 2 x in the last year.

She barely responds to texts and on the phone she is not very communicative. She sets up weekends to come only to cancel a day or two beforehand. DH is tired of trying only to get little/no response, but does upon my prodding.

Its hard to know what to do.
 
If you really wanted their address, you could get it from school. They have to provide it to you. HOWEVER nothing is stopping them from then telling mom they gave you the address.

This is probably one of those things that there is no point to knowing at this time. Will knowing create anything positive? Probably not. Will knowing create problems? Probably.

If you LKA is her parents house, that's where you send it.

It's rough. DHs oldest doesn't want to spend much time with his mom anymore either, this is pretty typical of teens of divorced parents. Her life is there, her friends are there. I was the same when I was a teen (treated my dad like crapola, didn't go to visit, etc). I make Middle16 go with his mom as often as I can, but it's not ideal. A lot of it is just the selfish nature of teenagers.
 
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