Is this right?

[abstract99]

What is the name of your state? I live in Illinois

Ok, for those of you that don’t know my story I have 3 kids, 2 from one mom (Az) and one from one mom (NC). I did get behind on child support and not pay for about a year. Since then I have been making my regular arrears payment and everything. This question is just pertaining to my daughter (oldest) in NC.

NC has always held jurisdiction. Mom was on state aid when my daughter was under 4. She is 17 now. My order of assignment is through NC. When I moved from Az to IL the state of Illinois started taking me to court once a month so that I could prove that I was paying. I don’t really understand this because I haven’t missed a payment in a really long time and I thought that the state only monitored for 24 months unless you started missing payments. Anyways, I went to court today but showed up late because I was at work until 9:00 am and could not make the 9:00 court hearing without getting fired. When I went in the clerk told me that a warrant had been issued for me missing the hearing with a purge amount of $500.00. That’s not a problem, I can pay that. The problem is that I asked the judge today to re-submit my case so that I could take 2 minutes to show him my proof of payment and he refused to hear me.

What is odd here is that the state of Illinois does not show me as making payments since they go directly from my check right to NC. Therefore, while I pay off my arrears balance for NC I am not accruing a balance here in Illinois. What do I do? I would think that me showing the DA my proof as well as the judge that it would be good enough but that isn’t working.

Also, now that I have to pay this $500.00 through Illinois, it won’t count towards my NC balance of my arrears. This is killing me because while I pay off one balance in one state the other one won’t listen to me when I tell them that I am paying and want to throw me in Jail. Why should I have to go to court once a month and take time out of my day to do this when I am covering my support? The arrears balance is from an accident that I had that is documented though the courts.

Also, the state of NC reduced my arrears payment due to me overpaying roughly $4,000 over the course of a few years. The state of Illinois is not registering this reduction. So is Illinois going to keep issuing warrants because they don't show me as paying because this is going to get really expensive really fast. Last time I went into court I brought my proof and the DA looked at me and said, "I don't believe it because we don't show those payments." I got a continuance so that he could contact the DA from NC but i guess he didn't. I am current (even ahead) for 2006.

 

[LdiJ]

When this kind of stuff happens I really recommend that people get an attorney. Yes, I know that its frustrating to spend the money on an attorney when the case is child support....but when two states are involved and the records are not agreeing, it seems like its almost impossible to resolve without good legal representation.

 

[NCP Dad in TN]

This is just ridiculous! I can see why you are frustrated. I would be, too! Sorry you are going through this... I hope it gets worked out soon. Besides, if they throw you in jail, then you'd REALLY not be paying.

I think the $500 fine is absurd. Sounds like this judge is a real ass.

 

[fairisfair]

This is just ridiculous! I can see why you are frustrated. I would be, too! Sorry you are going through this... I hope it gets worked out soon. Besides, if they throw you in jail, then you'd REALLY not be paying.

I think the $500 fine is absurd. Sounds like this judge is a real ass.

He is in ARREARS, I think that is absurd.

 

[abstract99]

I am in arrears due to a court and doctor documented car accident that caused me to become disabled. Stupid me didn't have an attorney so I didn't think I could get the support lowered while I was in re-hab. I pay the price for my mistake and get over it but I'm not a deadbeat for not paying.

 

[VeronicaGia]

He is in ARREARS, I think that is absurd.

Yea, that's right, after all, who cares if he lives in a box on the streets with no food, he should pay up and shut up, right? After all, that's what he's there for, to pay up and shut up.

To our poster, you will need an attorney who specializes in family law. This could take some time to straighten out, since the states only care about how much money they get from the federal goverment for every dollar of support they collect. Their incentive to collect is much greater than their incentive to actually collect the right amount.

 

[NCP Dad in TN]

Sometimes bad tings happen to good people. LIFE HAPPENS. What should stand out to people in this post is that OP is making good now, despite the LEGITIMATE setbacks he faced before.

Abstract, I'd consider getting an attorney, if anything, for peace of mind. Good luck!

 

[aud]

Illinois CSI is notorious for making these little "accounting mistakes" . One suggestion if you live in Illinois and really cannot afford a lawyer is try taking you paperwork and make an appointment to see your local congressman. Sometimes a nasty phone call from a state Sen or Rep is enough to shake the bean counters up. Also, if the CS is being collected through CSE then the have to go through the county's States Attny. You could try to make an talking to him.

 

[aud]

He is in ARREARS, I think that is absurd.

Fairisfair, good lord, chill out. I think that every CP mom should be jailed everytime she finds a reason to deny visitation but that never happens! If an arrears is already being paid back it's water under the bridge!

 

[abstract99]

Illinois CSI is notorious for making these little "accounting mistakes" . One suggestion if you live in Illinois and really cannot afford a lawyer is try taking you paperwork and make an appointment to see your local congressman. Sometimes a nasty phone call from a state Sen or Rep is enough to shake the bean counters up. Also, if the CS is being collected through CSE then the have to go through the county's States Attny. You could try to make an talking to him.

That's a great idea. I have the 500 to pay the purge but it is money that my wife and I have saved up in order to take the kids camping this summer. Since mom denied me visitation once again perhaps this would be a posibility.

I think it irks me more that I was current and the judge didn't even care. It's not like I didn't show up at all, I had a legitimate reason for being late and that was because I was at work, would he rather me not go to work and not be able to afford the support?

 

[Ohiogal]

I am in arrears due to a court and doctor documented car accident that caused me to become disabled. Stupid me didn't have an attorney so I didn't think I could get the support lowered while I was in re-hab. I pay the price for my mistake and get over it but I'm not a deadbeat for not paying.

The problem is according to another post of yours you paid NOTHING in three years. So that does make you a deadbeat when it comes to child support. YOu didn't send partial payments or try to provide ANY SUPPORT for three years. You just ignored the situation and that is the problem.

 

[Ohiogal]

Sometimes bad tings happen to good people. LIFE HAPPENS. What should stand out to people in this post is that OP is making good now, despite the LEGITIMATE setbacks he faced before.

Abstract, I'd consider getting an attorney, if anything, for peace of mind. Good luck!

According to another post he PAID NOTHING FOR THREE YEARS. Life does happen but the children still had to eat, be clothed and what not for three years while he did nothing.

 

[abstract99]

According to another post he PAID NOTHING FOR THREE YEARS. Life does happen but the children still had to eat, be clothed and what not for three years while he did nothing.

You misread the post. I DIDN"T make an payments that were even late for almost 3 years. That means that all of my payments were on time and in full for almost 3 years. And stop using the term deadbeat, it is just a word that disgruntled people like to throw around.

 

[outragedMOM]

That's a great idea. I have the 500 to pay the purge but it is money that my wife and I have saved up in order to take the kids camping this summer. Since mom denied me visitation once again perhaps this would be a posibility.

I think it irks me more that I was current and the judge didn't even care. It's not like I didn't show up at all, I had a legitimate reason for being late and that was because I was at work, would he rather me not go to work and not be able to afford the support?

When you received the notice to appear in court at 9:00AM it means just that 9:00AM and it also states on the notice if you fail to appear a warrant will be issued.
Your job could not fire you for going to court by order of the court. So it is your own fault. You sound like my Ex with the excuse WORK. Notice was to appear at 9:00AM and you didn't.

 

[abstract99]

When you received the notice to appear in court at 9:00AM it means just that 9:00AM and it also states on the notice if you fail to appear a warrant will be issued.
Your job could not fire you for going to court by order of the court. So it is your own fault. You sound like my Ex with the excuse WORK. Notice was to appear at 9:00AM and you didn't.

No you are wrong. When you work for a temp agency you CAN be fired for missing work. And you are missing the point, I'M CURRENT. Even when I showed up late with proof of my payments the judge should have heard me. He was in court anyways dealing with other people. At the pay that he gets he could have taken 2 minutes (at the most) out of his time to read my proof of payments.

You sound like my ex that thinks that there is no problem with someone goig to court once a month (though she never shows but who cares about her showing up right?) and that I have no life or bills that I have to pay of my own. Hell, it would be a lot cheaper on the rent if I didn't have to provide for my kids but then again who cares if they are supported in my home right? Nope as long as they have food, clothing and shelter at moms then all is good. And just for the record, my CS payment is enough to pay my rent, groceries and gas for the month with some left over so it's not easy for me to stay current but I do.

Even if my work allowed me to take off, I have to work AT LEAST 8 hours of overtime a week just to cover my weekly child support payment. So even if they had let me off, I wouldn't have been able to come up with my payment then.