Legal Question in Family Law in Illinois

Re: Spoual support

A spouse in jail is requierd to continue to pay child support, however since he is obviously not working it is difficult to see how much money he can actually pay.

As to the bankruptcy matter, I need more details in regards to this issue. Specifically, when did he file for bankruptcy? I am a practicing bankruptcy attorney in the Chicago area and would be interested in hearing more about this problem.

I look forward to hearing from you.

Best regards,

Thaddeus Hunt

Spousal support while in jail. Errors in credit reporting.

Your question does not specify whether the jailed ex-spouse is the payor or payee of spousal support (i.e., maintenance).

If a court has ordered one ex-spouse to pay maintenance to the other, the maintenance must be paid as set forth in the order. The only jail-related exception to the rule is found in 750 ILCS 5/504(d) which provides �No maintenance shall accrue during the period in which a party is imprisoned for failure to comply with the court's order for the payment of such maintenance.� [Other exceptions are the death of either party, the remarriage of the party receiving maintenance, or the party receiving maintenance cohabiting on a resident, continuing conjugal basis.]

If other cause exists to discontinue or interrupt maintenance payments, the party seeking the change should return to court for modification of the decree or maintenance order. 750 ILCS 5/505(a) provides �the provisions of any judgment respecting maintenance or support may be modified only as to installments accruing subsequent to due notice by the moving party of the filing of the motion for modification and, with respect to maintenance, only upon a showing of a substantial change in circumstances.�

The problem with the foregoing answer is that, if the person required to pay support is the one in jail, and that person has no independent means or resources, where would the money come from? So that, while it is true that the maintenance must continue to be paid (until modified by the court), the court cannot print the money itself and can�t make someone pay money he or she simply does not have.

Regarding your daughter�s credit rating, legislation was long ago enacted to protect individuals from abuses in consumer credit reporting and to make information assembled subject to disclosure to the person investigated. The federal Fair Credit Reporting Act, 15 U.S.C. sec. 1681 et seq., for example, gives, inter alia, the consumer the right to review any file on the consumer maintained by a consumer reporting agency, the right to dispute the completeness or accuracy of any item contained in any report or file on the consumer, and the right to correct and explain information appearing in the report.

Your daughter should obtain a copy of the report on her from the credit reporting agency(ies) (this may cost money, but she may review her consumer reporting agency file at no charge if a request therefor is made to such agency within 30 days after receipt by her of notice that credit has been denied), and obtain from them the forms to correct inaccuracies in their credit reports on her and/or forms for her to prepare a statement explaining the matter for her credit file.

Finally, it would be worthwhile for your daughter to obtain the advice of a bankruptcy lawyer. He or she will be up-to-date on fair credit reporting matters as well as being familiar with developing the evidence your daughter needs to distinguish her debt from her parent�s bankruptcy.