Legal Question in Family Law in Illinois
What rights does a noncustodian father have in court when his exwife and her attorney send fraudulant child support withholding to his job?. Should he contact the states attorneys office or file a law in federal court against her and her attorney.
Asked on 12/06/12, 7:59 pm
2 Answers from Attorneys
Sue Roberts-Kurpis, Esq.
Law Office of Sue Roberts-Kurpis
If you believe that the withholding order is fraudulent, you should file a motion with the circuit court in you divorce case and let the Judge there determine whether the support withholding is fraudulent or not. My guess is that you either failed to appear or are behind in the payment of support and the attorney has increased the amount to cover both current and past due support.
Answered on 12/07/12, 4:00 am
Donald Boyd
The Boyd Law Firm, P.C.
The proper venue is where the order was entered that led to the Withholding Notice.
Answered on 12/07/12, 8:53 am