Legal Question in Family Law in Illinois
child support enforcement
I obtained an order authorizing child support to be withheld from my ex-husbands paycheck 4 years ago. He has quit that job and obtained another. The circuit clerk in my county said he called her and she told him he could pay the support directly to the state disbursement unit and not have it withdrawn from his pay check. Is this legal for the circuit clerk to do? If not who do I complain to about the clerk doing this? My ex has not paid his child support for 3 weeks. How do I enforce the original order? Do I have to have an attorney?
1 Answer from Attorneys
Re: child support enforcement
First, don't worry about the clerk. You need to have an attorney go to court and petition the court to enforce the child support order.
Also,If the order mandates that he pay through the SDU, then any payment he did not make through the SDU and cannot prove he made is considered unpaid. You might be able to get a substantial back child's support.
As an attorney, I am biased as to whether you need an attorney. I can tell you that things get done correctly, and a lot faster (normally) with an attorney. Sometimes there is technical issues and since you are dealing with money, it is often times better to retain an attorney for a small amount of work and make sure you get the money.
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