Legal Question in Family Law in Illinois

Illegal deducting from child support?

Please, please send me an answer, ASAP!! Is it legal to deduct a Cobra health insurance payment from child support? That is what my soon to be X did on the advise from his lawyer. Even though I told his lawyer not to include me in the medical insurance, my ''X'' said he had to pay for me for the months of August and Sept., because he included me in the application in the beginning of August. At the end of August while in court and our hearing got postponed, I told his lawyer not to include me in the insurance. His lawyer then advises him to deduct my portion from the nil child support I was suppose to receive in August and Sept. I have'nt seen a dime !!! He's living in a $1,500 dollar a month apartment and receiving $475 a week in unemployment. I have two kids - therefore I am entitled to 28% after taxes. He ''elected'' to have 10% taxes taken from the unemployment check. Cobra for me is $408.11 a month. Therefore he says I owe him, and he will continue to take this payment from the child support until it is paid up. Can he legally do this? His lawyer admitted to telling him to do this in front of me and my lawyer. He was very intimidating and basically shouted me and my lawyer down. The lawyer again postponed the hearin


Asked on 9/17/06, 10:39 pm

1 Answer from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Illegal deducting from child support?

Child support is for the children. Unless there's a court order, your husband can't modify the court's order on his own. You need a more aggressive lawyer. Please call for an appointment.

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Answered on 9/18/06, 2:48 pm


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