Legal Question in Family Law in Illinois

I currently have a IWO for child support from Illinois, live in TX. The child support payments get taken out of my paycheck, never been in arrears, have notified the agency of all changes and have always complied. I was told by the case worker to provide stubs every month for a year to show my earnings since I was moving from IL to TX. I provided the case worker with 8 pay stubs and they based the new withholding amount based off of that. I am now being called to court since I have not been providing ALL pay stubs every month since the last modification. Why am I being forced to do this? Neither my employer, hourly rate, or position have changed and no payments have been missed. Can the agency force me to send ALL pay stubs every month? What is reasonable and allowed in the state of Illinois?


Asked on 5/27/14, 9:35 am

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

My guess is that you got a form letter. You need to contact the States Attorney handling the case and present the same argument to them that you presented here. Unless a Judge has ordered you to appear, I wouldn't worry about it too much. Once a Judge hears that you are not in arrears and live in Texas, S/he is unlikely to hold you in contempt, etc. Even though its improper, you might also want to send a letter to the Clerk of the Court in the appropriate jurisdiction for inclusion in the court file.

Good Luck.

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Answered on 5/27/14, 12:33 pm


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