+ Reply to Thread
Results 1 to 10 of 10
  1. #1
    BonusMom Guest

    Question Child Support Question - Arrears vs. Delinquency (IL)

    What is the name of your state? IL

    My husband has delinquent child support he has been paying on for some time now, along with his current. I was looking at the papers and it says he owes a certain amount every week until the YOUNGEST child reaches 18, but says nothing about the older child (who will turn 18 nearly 3 years earlier).

    Question 1: Is the weekly amount going to automatically decrease when the older child comes of age or are we going to have to hire a lawyer to have his half stopped? Otherwise we will be paying the same amount for 3 years for only one child.

    It also has two other weekly amounts. One is for a 'delinquent' amount. It shows a weekly amount and also gives me a total so that I know how much is owed on that amount and I can keep track. But there is another amount for 'arrears' and it simply says it is 'more than 12 weeks' but gives me no amount or length of time. We have been paying on it for some time and I am curious as to how much he owes for it.

    Question 2: Am I to assume that he pays this amount weekly until the kids are 18, or should I have my husband call the person in charge to find out what that amount is so I know how much we owe.

    I am trying to get all of this in order so that I KNOW how much he owes in current support and how much in owes in back child support.

    I appreciate any advice and assistance. Thank you.
  2. #2
    bethdetroit Guest
    It seems that it would be simpler to just call the case worker and ask them.
    But they probley won't talk to you, only your husband.

    So just have him call. Or just write a letter to them.

    take care, beth
  3. #3
    Boxcarbill Guest

    Re: Child Support Question - Arrears vs. Delinquency (IL)

    Originally posted by BonusMom
    What is the name of your state? IL

    My husband has delinquent child support he has been paying on for some time now, along with his current. I was looking at the papers and it says he owes a certain amount every week until the YOUNGEST child reaches 18, but says nothing about the older child (who will turn 18 nearly 3 years earlier).

    Question 1: Is the weekly amount going to automatically decrease when the older child comes of age or are we going to have to hire a lawyer to have his half stopped? Otherwise we will be paying the same amount for 3 years for only one child.

    It also has two other weekly amounts. One is for a 'delinquent' amount. It shows a weekly amount and also gives me a total so that I know how much is owed on that amount and I can keep track. But there is another amount for 'arrears' and it simply says it is 'more than 12 weeks' but gives me no amount or length of time. We have been paying on it for some time and I am curious as to how much he owes for it.

    Question 2: Am I to assume that he pays this amount weekly until the kids are 18, or should I have my husband call the person in charge to find out what that amount is so I know how much we owe.

    I am trying to get all of this in order so that I KNOW how much he owes in current support and how much in owes in back child support.

    I appreciate any advice and assistance. Thank you.

    If the order does not state that it is reduced and to what amount it is reduced to upon the oldest reaching a certain age, then it is not reduced. In order to get it reduced would take a modification of the order. I can tell you, however, that the child support will not be cut into half. Child support does not work that way--i.e. divide the amount by the number of children and that is what the child support will be reduced by. You need to be looking at something along the lines of 5--8 percent reduction.

    Your last question lacks sufficient clarity of facts for me to comment on beyond that delinquent child support are arrears in child support. That is they mean the same thing. There should be amount which is designated current child support and another amount designated as payment on the arrears (or delinquent child support.)
  4. #4
    BonusMom Guest

    Re: Re: Child Support Question - Arrears vs. Delinquency (IL)

    Your last question lacks sufficient clarity of facts for me to comment on beyond that delinquent child support are arrears in child support. That is they mean the same thing. There should be amount which is designated current child support and another amount designated as payment on the arrears (or delinquent child support.)
    That is what has me confused as well. They have him paying a certain weekly amount for arrears (no total amount or balance, just states that it is 'greater than 12 weeks'). They also have him paying another amount for delinquency every week (which has a definate balance). Both of those are on top of current support. So there is current support, arrearage AND delinquency payments. Three seperate amounts weekly. I didn't understand why the delinquent and arrears weren't together, with one balance for both. I also don't understand why there is no balance or amount of weeks for the arrearage. So he is paying weekly on it and I have no idea how much he still owes or if they are going to automatically remove it when he pays it off.

    After doing my own calculations of his payments made, their balance for his delinquent amount alone is higher than my calculations say it should be, not to mention I have no idea how much the 'arrears' are. So as far as I can tell, they have him owing at least $1,000 too much.

    Thanks for the info on the reduction in support or lack of when the oldest reaches 18. We will just look into that when that time draws nearer. Right now I am more worried about is how much back support they say he owes compared to my records.

    As for now, I have a letter written up for my husband to fax to the case worker. The seperation of arrears and delinquent amounts just has me confused, especially since there is no amount on the arrearage, only on the delinquent. I feel like we are just paying blindly with no idea of anything.

    Thanks again. If anyone has any info or ideas why there would be a seperation of arrearage and delinquent amounts, please chime in
  5. #5
    sand123 Guest
    I use my power of attorney when getting information on my husband's child support. The child support inforcement agency keeps it on file. That way I can also call in instead of making a trip to the Dept of Revenue(thats who enforces from Florida).
    They will not tell you what the arrearage amount is because if the child gets any type of public assisstance, they tack that on the arrearage amount. Or at least thats what happened to my husband. One month the "payoff for the arrears" was $249.00. By the next month, it jumped up to $1700.00. I questioned why and that is what they told me. But they would not tell me what the public assisstance was for. So I asked for an audit of husbands account. Was told it could take at least 6 months or more. However if he paid all of the arrears, they would do an automatic audit within a week. We are going to court and see what the judge can do.
  6. #6
    BonusMom Guest

    Wow!

    Wow, thanks for that info. I highly doubt that they are on public assistance as she is VERY well off. If she is on public assistance, and hubby is footing the bill, I will be so steaming mad that I won't be able to see straight because I KNOW they shouldn't be on it.

    Now I am even more determined to find out more info. I haven't got a current power of attorney. How does that work, do you just tell them over the phone that you have POA or do you fax it or something? I had one once when he was in Basic Training, however we had it set to expire when he was set to graduate. We haven't needed it again since.

    Good luck in court. We just finished in court getting visitations put in writing so she couldn't jerk us around anymore. I would HATE to have to pay a lawyer to get this straightened out as well *sigh*. We struggle financially as it is let alone having to pay a lawyer just to have things set right that should be right in the first place.

    Thanks again for that info on his arrearage.
  7. #7
    sand123 Guest
    You have to take the power of attorney to the child support enforcement office. In our case it is the Florida Department of Revenue. They will make a copy to keep on file. Then if you have to call for information, they can pull your husbands file and see that you have one.
    We are going to court, but not with an attorney. We have filed our own motion (with a little help from the clerk of the court). I am tired of paying for NOTHING!! Besides, what can it hurt?? I mean to try it ourselves.
    I am not exactly sure what "public assisstance" includes, but in our case the biological mother is out to get anything so long as my husband has to pay!! Good luck with yours..
  8. #8
    smh33 Guest
    Bonusmom...just unclear from your post...is the deliquent amount greater, different than the arrearage? just wondering if the deliquent amount is how much cs is behind and the arrearage amount is what is being paid toward the deliquent total?
    When extra payments were set...arrearage,etc....there had to be a specific total used to set the extra payments...check back through all the court papers to find this if not sure.
    NEVER rely on anyone else to correctly monitor cs,arrearage payments.....no one else cares as it is not thier money going out each month. Most everything with cs, for the payor has to be o.k.'d by the court. When my arrearage pay was over since I worked for small company, the company simply quit paying the extra...no problem, but otherwise I think I would have had to go to court and get paperwork to show my payroll people the cs amount had been changed,otherwise company would only have the court papers instructing payment of the cs plus arrearage amount.
    Work with a case worker but still file a motion to address any change in cs....it takes time to get a court date and if you work it out with case worker you can always drop your court hearing....otherwise if caseworker gets you nowhere then you file, you are just adding more time until resolution. Also anything one may have overpaid incs...don't expect to get back....as it is supposed to go for the child, a little extra is seen as a benefit to the child, not money owed back to a parent for giving too much in support.
    Last...you and the other poster should approach POA carefully. though done in best interest if you are step parents...some courts do not look too favorably on a bio parent that allows,relinquishes parenthood to a step parent. If a step is doing all the work vs. the bio parent...see how that could look a little bad on the part of the bio parent?
  9. #9
    BonusMom Guest

    Hi smh33

    I don't know if the delinquent amount is more than the arrearage because they show no amount for the arrearage. I am assuming that the arrearage was calculated and added before I met hubby because I have never seen any paperwork on it and I keep all paperwork. I also don't think he has, but when I met him he wasn't the best organized or put together person! That is why I am having him contact his case worker because as far as his employer goes, they will just keep paying the arrearage until they either get a notice from CSE to stop paying it (which I am afraid wouldn't happen) or the final ending date arrives (which is a looong time away!). From my calculations the arrearage should be $0 or next to $0 unless it is for public assistance that we don't know about. Like I said, according to my calculations they have him oweing more than I think they should. At this point I just want to make sure that all of his payments are accounted for and that I have a solid balance to work on. If they have him oweing more or less, then so be it. I just want to make sure they have records of all his payments and that I have a solid balance to chip away at.

    Thanks for the input!
  10. #10
    Grampsx13 Guest
    In Michigan...any arrearages/delinquencies are charged an aotomatic 8% interest rate, added to everything each month. Could that possibly be why your figures are coming up less than theirs? Because you are being charged interest that you wasn't aware of or didn't factor in? Just a thought, if I am following everything correctly.

Similar Threads

  1. Please help with child support arrears question!!
    By Missamira1 in forum Child Support
    Replies: 9
    Last Post: 03-19-2008, 10:28 AM
  2. Child support arrears question
    By Becki C. in forum Child Support
    Replies: 2
    Last Post: 06-02-2006, 08:15 PM
  3. question on child support arrears
    By maggierae in forum Child Support
    Replies: 0
    Last Post: 07-05-2005, 08:44 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.