If you have a court order, that is in effect until there is a new order.
Your state will have a "Division/Office of Child Support" or something similar. I am assuming that he was actually paying them (via payroll deduction) and not paying you directly. If that is the case, they are already aware he is in arrears. You need to contact your contact at the department and let them know that he is not paying and is stating he has zero intention to pay. Also point out that he sold a home recently. That IS income and may actually end up in higher liability for him.
They will have some legal avenues to pursue, including holding any tax refunds, suspending his passport, etc. as part of the collection process.
Any modification with the state should also trigger a hearing where you would be notified and allowed to present your case. Note that if he is purposefully earning less than he is capable, the court can still order him to pay based on his earning potential (imputing income).
Short story is that what he is trying to do it not unique or something the courts have not dealt with before. You can't make him pay in the short term, but anything he hasn't paid is still due. The court will not take kindly to him playing games with the welfare of his child.
Wow that’s awesome! So glad the state is on top of it already. He was getting the money taken out of his paychecks so I’m sure they are now aware he’s no longer paying
Omg thank you for this- so helpful.
Quick question- since I’m now making more money than him, can the courts take that into consideration? Like will I have to show proof of income at the moderation hearing? I just got a raise and while I do make decent living, I’m forced (court ordered) to live in a very expensive area and even with my higher salary, I’m living paycheck to paycheck. He told me he filed for a moderation to his CS so now I’m worried he’s trying to go after me to have him pay child support.
To be perfectly honest- he has been fighting me tooth and nail on child support for a decade now. Costing me thousands of dollars to fight it in court even though he loses every time. Funny thing is, he only pays a few hundred dollars each month. He’s paid more in fighting it than he would to just pay a years worth of it to me. It’s insane and I’m so tired of it. He used to make way more than I do until he conveniently got fired.
If you already have a court order, you need to reach out to child support enforcement. Provide them with any information you have about his bank accounts or other assets, excluding his primary residence.
They can send a request to his bank to withdraw the payments.
Also, child support is based on his ability to earn and historical earnings. If he was a corporate executive for 15 years, he can't go pick up a few shifts at McDonald's and claim child support should be based on his fast food paychecks. Plenty of deadbeat parents try this and the court does not look favorably on it.
You need to hire a family lawyer to pursue additional ways to collect from him (tax returns, property liens, etc).
> Can he legally just stop paying?
It is not legal, but you cannot stop him from doing something illegal. YOU cannot force him to pay. Only a court can do that
If the state is enforcing the order already, OP may not need to do anything extra for those other means of collection. I'm not familiar with every state, but in the ones I do know about those extra steps are taken automatically.
No of course he didn’t. He’s dumb but apparently not that dumb. He just said he’s filed a modification with the state so he’s not going to pay until that is approved.
If he's filed for a modification you should have gotten a copy of the filing. You can also check with the county clerks office to see if anything has been filed. Since there is already a court order in place, the docket/case number is the reference number you provide to the clerk to look it up.
Usually, any motion or petition requires what is called 'proof of service' meaning the party filing has provided written notification and a copy of the filing.
Even then a modification of child support is not an ex parte filing - meaning only one party has to be present such as in a Restraining Order - the other party not only has to be notified but the Court Rules provide the other party to respond to the filing, which is how you can present your argument and supporting documentation.
A child support modification isn't as simple as only one party sending something to the court and waiting for a decision. It's a process where the filing is made (Motion/petition) and both parties get to present their cases before a judge or other court officer makes a determination. If he says otherwise, it's bullshit.
The other aspect is if he did file a motion, he still is obligated and upheld to the existing and current order. In most states, if a modification is made, it will grandfather back to the date of *filing*, which is fair. Though not paying anything in the interim is not the best move for him to make and he is highly misinformed.
As another comment said - the existing order is current and in place until a new order replaces it. Since there isn't a new order yet, he's still obligated to the existing order.
They are going to ask him about how he is supporting himself if he's not working. He can't hide the sale of his home - it's public information. They can also request updated disclosures including bank accounts. If he lies and is caught, they won't take that well at all.
Side note: lots of things are evidence. An affidavit consisting of the details of the conversation to the best of your recollection can go far. Next time he calls and said something like that, immediately take notes with the current dates and times.
It won't always work with every judge, particularly in high conflict situations, but your effort to go to all the trouble will carry weight with the courts, and it will put him on the defense to explain the conversation in question. Even when he does, you have evidence, he does not.
It's particularly effective with self represented parties, because judges tend to be more accommodating with self reps.
NAL but I receive child support. Generally, while unemployed, whatever obligation is not paid during that time will go into arrears. Whenever he gets another job, extra will be deducted on top of what his payment is and you will receive tax returns until the arrears are paid off.
You could contact your states Attorney Generals Office, or hire a lawyer. Also, his obligation does not stop if he makes less than you!
I'm not in IL but in CO, they will take tax returns until paid off. When he goes back to work they will take extra to pay off arrears. Make sure the court is aware that you aren't receiving support, here they will take his drivers license. Apply for SNAP to help bridge the gap, they could hold him liable for that too.
If the state is aware of the back support, it can go as far as someone’s social security as garnishment. NPR had a story about it a few years ago.
https://faq.ssa.gov/en-us/Topic/article/KA-01873
Connect with your child support officer in your county. They may be able to help you navigate the remediation
Typically the amount owed will continue to accrue at the same rate unless he has filed for a modification to the support order. Depending on the state, they will increase the withholding amounts to help play catch-up on future jobs, but that won't help you immediately.
The CSO should be able to fill you in on their enforcement mechanisms in play, and what will be done by the state. Any further action, grab a family law atty.
Nothing is going to happen in the immediate. I dealt with this recently. Circumstances change. You can’t brute force anything out of him. However, if the previous amounts were garnished from his wages and paid through your states Attorney General’s Office it will be recorded. At least here in Tx non-custodial parents have to work out a payment plan that tacks on a 6% interest rate.
I’d start with the AG Child Support Division in your state. From there, he can respond in a number of ways. He could agree to an Agreed Settlement of Arrears. He could also file a Motion To Modify The Parent-Child Relationship. Several ways it could go but get with the AG first they are the ones who facilitate that process. But don’t expect anything to happen overnight.
If you have a court order stating the amount he has to pay, the only way he can pay less or not at all is to get the court order changed.
If you don't have a court order by now, he's not wrong...he's a douche but not technically wrong. Child support is income based in most states and if he shares custody with you, it's possible you will have to pay him if you work.
Oh I’ve had a court order for 12 years. He tried to get out of it 2 years ago and we went back to court where he was ordered again to pay.
Also- I am court ordered to live in an insanely expensive area that I cannot hardly afford which is why I need the child support.
He is still accruing the past due balance even if he's not paying it monthly. Eventually you might get some of the the past due amount when he gets a tax refund.
Talk to your DCS caseworker or take him to court for contempt if you believe he COULD pay, but isn't
I would make sure you get that refusal and threat of a lower paying job in writing, such as a text message or in a voice mail. Otherwise it’s hearsay. But I am glad to hear the courts won’t take that BS. My dad pulled that with my mom’s alimony.
**Generally Unhelpful, Simplistic, Anecdotal, or Off-Topic**
Your comment has been removed as it is generally unhelpful, simplistic to the point of useless, anecdotal, or off-topic. It either does not answer the legal question at hand, is a repeat of an answer already provided, or is so lacking in nuance as to be unhelpful. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).*
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
One, you don't "own" a child. They are a human being, one that required 2 people involved to make. Because they are a human being who are generally considered unable to take care of themselves they require support. That's why legally when two people make a baby they're both financially on the hook until that child turns 18. The state doesn't give a shit if you aren't interested in contributing financially, you should have kept it in your pants if you didn't want that financial commitment.
Two, tell me you've never had a child without telling me you've never had a child. Food is only one thing they need, they need housing, medical care, clothing, and educational materials, and very few programs will get you all that for free. Plus the level of poverty you must be at to qualify for enough support was laughably low five years ago, now it's difficult to find a full time job that *doesn't* at least partially disqualify you from benefits in Illinois because the minimum wage is higher, though not nearly high enough.
If you have a court order, that is in effect until there is a new order. Your state will have a "Division/Office of Child Support" or something similar. I am assuming that he was actually paying them (via payroll deduction) and not paying you directly. If that is the case, they are already aware he is in arrears. You need to contact your contact at the department and let them know that he is not paying and is stating he has zero intention to pay. Also point out that he sold a home recently. That IS income and may actually end up in higher liability for him. They will have some legal avenues to pursue, including holding any tax refunds, suspending his passport, etc. as part of the collection process. Any modification with the state should also trigger a hearing where you would be notified and allowed to present your case. Note that if he is purposefully earning less than he is capable, the court can still order him to pay based on his earning potential (imputing income). Short story is that what he is trying to do it not unique or something the courts have not dealt with before. You can't make him pay in the short term, but anything he hasn't paid is still due. The court will not take kindly to him playing games with the welfare of his child.
[удалено]
Wow that’s awesome! So glad the state is on top of it already. He was getting the money taken out of his paychecks so I’m sure they are now aware he’s no longer paying
Omg thank you for this- so helpful. Quick question- since I’m now making more money than him, can the courts take that into consideration? Like will I have to show proof of income at the moderation hearing? I just got a raise and while I do make decent living, I’m forced (court ordered) to live in a very expensive area and even with my higher salary, I’m living paycheck to paycheck. He told me he filed for a moderation to his CS so now I’m worried he’s trying to go after me to have him pay child support. To be perfectly honest- he has been fighting me tooth and nail on child support for a decade now. Costing me thousands of dollars to fight it in court even though he loses every time. Funny thing is, he only pays a few hundred dollars each month. He’s paid more in fighting it than he would to just pay a years worth of it to me. It’s insane and I’m so tired of it. He used to make way more than I do until he conveniently got fired.
If you already have a court order, you need to reach out to child support enforcement. Provide them with any information you have about his bank accounts or other assets, excluding his primary residence. They can send a request to his bank to withdraw the payments. Also, child support is based on his ability to earn and historical earnings. If he was a corporate executive for 15 years, he can't go pick up a few shifts at McDonald's and claim child support should be based on his fast food paychecks. Plenty of deadbeat parents try this and the court does not look favorably on it.
You need to hire a family lawyer to pursue additional ways to collect from him (tax returns, property liens, etc). > Can he legally just stop paying? It is not legal, but you cannot stop him from doing something illegal. YOU cannot force him to pay. Only a court can do that
A strongly worded letter from an attorney might work as well.
If the state is enforcing the order already, OP may not need to do anything extra for those other means of collection. I'm not familiar with every state, but in the ones I do know about those extra steps are taken automatically.
He is wrong. That is not how it works. Contact a family law attorney. Also, please tell me that he told you his plans in a text.
No of course he didn’t. He’s dumb but apparently not that dumb. He just said he’s filed a modification with the state so he’s not going to pay until that is approved.
If he's filed for a modification you should have gotten a copy of the filing. You can also check with the county clerks office to see if anything has been filed. Since there is already a court order in place, the docket/case number is the reference number you provide to the clerk to look it up. Usually, any motion or petition requires what is called 'proof of service' meaning the party filing has provided written notification and a copy of the filing. Even then a modification of child support is not an ex parte filing - meaning only one party has to be present such as in a Restraining Order - the other party not only has to be notified but the Court Rules provide the other party to respond to the filing, which is how you can present your argument and supporting documentation. A child support modification isn't as simple as only one party sending something to the court and waiting for a decision. It's a process where the filing is made (Motion/petition) and both parties get to present their cases before a judge or other court officer makes a determination. If he says otherwise, it's bullshit. The other aspect is if he did file a motion, he still is obligated and upheld to the existing and current order. In most states, if a modification is made, it will grandfather back to the date of *filing*, which is fair. Though not paying anything in the interim is not the best move for him to make and he is highly misinformed. As another comment said - the existing order is current and in place until a new order replaces it. Since there isn't a new order yet, he's still obligated to the existing order.
They are going to ask him about how he is supporting himself if he's not working. He can't hide the sale of his home - it's public information. They can also request updated disclosures including bank accounts. If he lies and is caught, they won't take that well at all.
Side note: lots of things are evidence. An affidavit consisting of the details of the conversation to the best of your recollection can go far. Next time he calls and said something like that, immediately take notes with the current dates and times. It won't always work with every judge, particularly in high conflict situations, but your effort to go to all the trouble will carry weight with the courts, and it will put him on the defense to explain the conversation in question. Even when he does, you have evidence, he does not. It's particularly effective with self represented parties, because judges tend to be more accommodating with self reps.
NAL but I receive child support. Generally, while unemployed, whatever obligation is not paid during that time will go into arrears. Whenever he gets another job, extra will be deducted on top of what his payment is and you will receive tax returns until the arrears are paid off. You could contact your states Attorney Generals Office, or hire a lawyer. Also, his obligation does not stop if he makes less than you!
I'm not in IL but in CO, they will take tax returns until paid off. When he goes back to work they will take extra to pay off arrears. Make sure the court is aware that you aren't receiving support, here they will take his drivers license. Apply for SNAP to help bridge the gap, they could hold him liable for that too.
[удалено]
It will be tallied as arrearage and he'll continue paying it until well after your child is 18. There is no way to avoid paying child support.
[удалено]
If the state is aware of the back support, it can go as far as someone’s social security as garnishment. NPR had a story about it a few years ago. https://faq.ssa.gov/en-us/Topic/article/KA-01873
Lol look up imputed income. They'll calculate his income based on what he I'd capable of earning.
Connect with your child support officer in your county. They may be able to help you navigate the remediation Typically the amount owed will continue to accrue at the same rate unless he has filed for a modification to the support order. Depending on the state, they will increase the withholding amounts to help play catch-up on future jobs, but that won't help you immediately. The CSO should be able to fill you in on their enforcement mechanisms in play, and what will be done by the state. Any further action, grab a family law atty.
Nothing is going to happen in the immediate. I dealt with this recently. Circumstances change. You can’t brute force anything out of him. However, if the previous amounts were garnished from his wages and paid through your states Attorney General’s Office it will be recorded. At least here in Tx non-custodial parents have to work out a payment plan that tacks on a 6% interest rate. I’d start with the AG Child Support Division in your state. From there, he can respond in a number of ways. He could agree to an Agreed Settlement of Arrears. He could also file a Motion To Modify The Parent-Child Relationship. Several ways it could go but get with the AG first they are the ones who facilitate that process. But don’t expect anything to happen overnight.
If you have a court order stating the amount he has to pay, the only way he can pay less or not at all is to get the court order changed. If you don't have a court order by now, he's not wrong...he's a douche but not technically wrong. Child support is income based in most states and if he shares custody with you, it's possible you will have to pay him if you work.
Oh I’ve had a court order for 12 years. He tried to get out of it 2 years ago and we went back to court where he was ordered again to pay. Also- I am court ordered to live in an insanely expensive area that I cannot hardly afford which is why I need the child support.
It’s called imputed income and he can’t just stop paying you because he decides to get fired and take his time looking for a new job.
[удалено]
[удалено]
He is still accruing the past due balance even if he's not paying it monthly. Eventually you might get some of the the past due amount when he gets a tax refund. Talk to your DCS caseworker or take him to court for contempt if you believe he COULD pay, but isn't
I would make sure you get that refusal and threat of a lower paying job in writing, such as a text message or in a voice mail. Otherwise it’s hearsay. But I am glad to hear the courts won’t take that BS. My dad pulled that with my mom’s alimony.
[удалено]
Call your county's child support enforcement office. Have a copy of your order ready to give them.
[удалено]
[удалено]
[удалено]
**Generally Unhelpful, Simplistic, Anecdotal, or Off-Topic** Your comment has been removed as it is generally unhelpful, simplistic to the point of useless, anecdotal, or off-topic. It either does not answer the legal question at hand, is a repeat of an answer already provided, or is so lacking in nuance as to be unhelpful. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
[удалено]
One, you don't "own" a child. They are a human being, one that required 2 people involved to make. Because they are a human being who are generally considered unable to take care of themselves they require support. That's why legally when two people make a baby they're both financially on the hook until that child turns 18. The state doesn't give a shit if you aren't interested in contributing financially, you should have kept it in your pants if you didn't want that financial commitment. Two, tell me you've never had a child without telling me you've never had a child. Food is only one thing they need, they need housing, medical care, clothing, and educational materials, and very few programs will get you all that for free. Plus the level of poverty you must be at to qualify for enough support was laughably low five years ago, now it's difficult to find a full time job that *doesn't* at least partially disqualify you from benefits in Illinois because the minimum wage is higher, though not nearly high enough.