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Purge amounts

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momIllinois

Junior Member
What is the name of your state? IL

Can anyone explain to me how they calculate the purge amount? Is there a fixed %?
Tried and failed looking it up on google.

FYI: Ex owes $26,000
 


Gracie3787

Senior Member
What is the name of your state? IL

Can anyone explain to me how they calculate the purge amount? Is there a fixed %?
Tried and failed looking it up on google.

FYI: Ex owes $26,000
Usually, a purge amount is determined by 2 things- 1- the NCP's abilty to pay.(meaning what can NCP resonably be expected to pay based on income and assets at time of hearing). And 2- the amount of arrears owed.

I know of a NCP who was $30k in arrears, but did not have any assets and a weekly income of $250. The Judge ordered a purge of $600 because that is what the NCP could resonably be expected to come up with. In another case, the NCP was $3k in arrears, with assets and a weekly income of $1,100. The Judge ordered that the purge was the full arrearage because that NCP could reasonably be expected to come up with that amount.

So, a purge amount is hard to guess ahead of time, but you can expect that there will be some purge ordered if the NCP is found to be in willful contempt.
 

momIllinois

Junior Member
Thanks Gracie.

NCP is self employed and does not have assets. NCP was ordered to show proof of income and never has. He has not shown up for the last 3 out of 5 support court dates (last one being in Sept of 06 before it was sent to enforcement). If/when he did file, he filed at a loss and lies.

I have a petition for rule to show cause (just got it today) from the state's attorney, but it does not say anything about a purge. It does say something about "that appropriate sanctions be imposed upon the Obligor, including, but not limited to, the suspension of his driving privieleges in accordance with Section 7-710 et seq. of teh Illinois Vehicle Code.. For such other and further relief as this Court deems equitable and just."

Should I hold my breath for a purge? Or does it usually state it in the Petition that the state is seeking one?
 
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Thanks Gracie.

NCP is self employed and does not have assets. NCP was ordered to show proof of income and never has. He has not shown up for the last 3 out of 5 support court dates (last one being in Sept of 06 before it was sent to enforcement). If/when he did file, he filed at a loss and lies.

I have a petition for rule to show cause (just got it today) from the state's attorney, but it does not say anything about a purge. It does say something about "that appropriate sanctions be imposed upon the Obligor, including, but not limited to, the suspension of his driving privieleges in accordance with Section 7-710 et seq. of teh Illinois Vehicle Code.. For such other and further relief as this Court deems equitable and just."

Should I hold my breath for a purge? Or does it usually state it in the Petition that the state is seeking one?

I just received a contempt motion from the CSEA for my daughters father owing over $36k.
He didn't show up and they ordered a bench warrant with a bond of the full amount. You said he has a history of not showing up for court? Maybe you'll get lucky and he wont show up. If he doesn't show up for court the attorney representing the enforcement agency could possibly ask that the bond be issued in the amount of the arrears. However, don't bank on that, and don't bank on actually getting any amount of money. Like the old saying goes, you can't get blood out of a turnip. Talk with your case worker at enforcement. There should be a name for a child support collections worker on the petition you received if you don't know who your case worker is. You should be able to call him/her to find out what will happen at the contempt hearing. Just remember the enforcement agency does not represent you or dad.
 

momIllinois

Junior Member
I just received a contempt motion from the CSEA for my daughters father owing over $36k.
He didn't show up and they ordered a bench warrant with a bond of the full amount. You said he has a history of not showing up for court? Maybe you'll get lucky and he wont show up. If he doesn't show up for court the attorney representing the enforcement agency could possibly ask that the bond be issued in the amount of the arrears. However, don't bank on that, and don't bank on actually getting any amount of money. Like the old saying goes, you can't get blood out of a turnip. Talk with your case worker at enforcement. There should be a name for a child support collections worker on the petition you received if you don't know who your case worker is. You should be able to call him/her to find out what will happen at the contempt hearing. Just remember the enforcement agency does not represent you or dad.
I won't be able to count on him not showing up. In February he filed for visitation after our 2 year OOP expired. I have the case worker information. I will definitely give them a call. Weird thing is that the petition says he owes over $30K. Maybe they put the 9% interest in there. Who knows.
 

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