Legal Question in Family Law in Illinois

Illinois Child Support

Thousands and thousands of dollars are owed in back support. Illinois is taking some of the money for cash assistance I received years ago. They had taken his federal taxes but then sent them back to him because of an inured spouse filing on his taxes. Do they have the right to take the money that is owed to me without any written intent or explanation? And can anymore be done to get those thousands of dollars owed to my children?

Would it be possible to transfer the case to Ohio and would it make it any easier to get the money?


Asked on 8/23/02, 11:56 am

1 Answer from Attorneys

Zachary Bravos Law Offices of Zachary M. Bravos

Re: Illinois Child Support

Let�s get right to the most important question in your message: �can anymore be done to get those thousands of dollars owed to my children?� Yes. In Illinois, child support can be enforced in the same manner as any money judgment (i.e., wage deduction orders, garnishments, attachment of bank accounts, attachments of income streams and other assets, etc.) (and child support judgments earn interest too, at 9% per annum).

Unlike most other money judgments, however, child support can also be enforced in a contempt proceeding where a failure to pay without an excuse can lead to jail. That�s a pretty good motivator to pay. And you can get an order of automatic withholding (for the current and for payments on the arrearage) out of your ex�s paycheck. And a failure to pay can also lead to a court order taking away the obligor�s driving privileges � this can also be a big motivator.

You should consult a lawyer. There�s a fair-to-good chance that, in a contempt proceeding, your ex could be held liable to reimburse you for your attorneys fees. Discuss that with your lawyer too.

When you visit a lawyer to get help collecting back support, ask him/her about the State of Illinois taking part of your child support.

As for Ohio versus Illinois, we are not Ohio lawyers so we simply can�t help you there.

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Answered on 8/27/02, 12:47 pm


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