Legal Question in Family Law in Illinois
I live in AZ. I was not married to my daughter's father. my daughter is 16. I have raised her for 15 years by myself. I only recieved one c/s payment from her father in 2009. He owes over $45,000 in arrears. i sent her to visit her father in illinois last June 2012, for the first time. He has never shown an interest in her until Dec. of 2011. She wanted to meet him. She decided she wanted to stay there. He went to court and got temporary custody, judge wrote child support is terminated, arrears are reserved, and social security (he's on disability) is ordered to stop withholding. (the court's notice to appear arrived in my mailbox 2 days before the hearing d/t me having just moved, and the clerk of the court said that's my fault d/t not notifying them of my move, even though I had no clue that court was involved in anything since I communicate with the state of AZ, DES who has been seeking child support for my daughter since 2002.) I called the court the am of the hearing and explained my situation, asked to attend by phone, judge wrote that I called, said I didn't get notified, and that I say im in AZ. Anyways, he started paying child support in October, 2012 and AZ attributed most of it to current support, which i have been sending back to the father via my personal checks. i have sent a copy of the judge's ammendment, and copies of my checks clearing through my bank, to the state of AZ, hoping they will start attributing the money toward the arrears. The father has threatened me, telling me if I don't send all the money AZ gives to me back to him within 72 hours, then the Illinois states attorney will issue a warrant for my arrest in Il and AZ. My question is if that is true, 72 hours from when?? AZ gets the money, it goes into a c/s account I can access it one business day after it shows up there, then I have to put it into my checking account, that takes another business day, and then i write a check and send it, that takes 2-3 days. Should I even be sending this $ back to him? AZ DES told me the money will still be withheld and attributed toward arrears, until the arreage is paid in full. Another question I have is, how long does temporary custody good for? What happens when my daughter comes to her senses and wants to come home? How do I get her home quickly if he has temporary custody? I have a legal plan through my employment, and have contacted 2 lawyers through my plan, via email, and have not heard back from them? Who do I go to now??
1 Answer from Attorneys
It is not possible to answer all of your questions. Temporary custody has no period of time. Your leaving IL and taking the child to AZ may have been improper, but if he did not seek a change in the support order he owes it. If he is on disability, then a payment is being made by SS for current support. It is his obligation to get that stopped. If the judge has not ordered it stopped and you can show an arrearage unless and until you receive a court order ordering you to sen him the money, you are entitled to keep it and credit it to the arrearage, Remember you are also entitled to 9% simple interest on any arrearage.
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