New Job - New Worries

[Tunie]

Kinda long but want to provide as much info as possible in order to allow someone to perhaps provide some answers to our questions.

My husband recently got a NEW JOB with a company that recruited him last year. He was unable to take the job then but did take it when offered again recently. He begins tomorrow.

He pays support for one child (adopted son), jurisdiction is in Illinois.

He will be making approximately 14-15% more than he does now.

Support was modified at the request of the CP in June 2004 and CP receives an additional $40.00 per month.

He was under a wage garnishment at his OLD employer which, obviously, will stop.

He is obligated to inform the clerk of his new job and he is doing that tomorrow. He has never had an arrearage and doesn't want to be put in that position now simply because he has a new job and there is the potential for some lag time in CS payments no matter how much is paid.

QUESTION 1. Can I assume a garnishment will then be filed with his new job?

Previous to the June '04 modification, he had paid the clerk directly for over 6 years with no arrearage. Apparently the modification process allowed for the filing of a garnishment so he was unable to continue to pay it himself directly. We could continue to pay it directly to the court again if we knew if that would be allowed.

QUESTION 2. Does the clerk care where the money comes from as long as it is paid?

QUESTION 3. Is the clerk obligated to file a new garnishment order at his new employer or is that not their job?

QUESTION 4. Is the clerk obligated to voluntarily provide the CP with new employment info or, for that matter, any information voluntarily provided to them by the NCP?

I have tried to understand the Illinois guidelines concerning modifications but am confused. One section says that an automatic "review" is done every 3 years (altho', in this case, a "review" was never done for the last 6 years) and also states that a modification can be filed if there is a change of 20% or a minimum of an additional $10.00 a month.

QUESTION 5. From this, can I assume that since his new job will pay him 14-15% more than his old job, that it does not meeting the 20% guideline nor the 3 year review guideline since the last modification was only 4 months ago??

QUESTION 6. Even if it doesn't meet the Illinois state guidelines, if I am reading them right, can the CP seek another modification 4 months after the last one?

My husband is, in no way, trying to avoid his obligation in this matter and never has. We would simply like to know what can possibly happen to prepare ourselves. We will do the right thing and notify the clerk, we would simply like to avoid paying another $6000.00 in attorneys fees and the 10 month modification process we went thru that was finally completed this past June.

We have 16 months left before the CS stops at age 18 and want to do what is right. With this little "formal" obligation time left, it's not worth screwing things up. We want to be informed of the potential process and what could happen here.

Thank you for any assistance.

 

[Tunie]

Can anyone help?

Would really like to know if anyone can answers our questions.... Thanks.

 

[LdiJ]

Kinda long but want to provide as much info as possible in order to allow someone to perhaps provide some answers to our questions.

My husband recently got a NEW JOB with a company that recruited him last year. He was unable to take the job then but did take it when offered again recently. He begins tomorrow.

He pays support for one child (adopted son), jurisdiction is in Illinois.

He will be making approximately 14-15% more than he does now.

Support was modified at the request of the CP in June 2004 and CP receives an additional $40.00 per month.

He was under a wage garnishment at his OLD employer which, obviously, will stop.

He is obligated to inform the clerk of his new job and he is doing that tomorrow. He has never had an arrearage and doesn't want to be put in that position now simply because he has a new job and there is the potential for some lag time in CS payments no matter how much is paid.

QUESTION 1. Can I assume a garnishment will then be filed with his new job?

Previous to the June '04 modification, he had paid the clerk directly for over 6 years with no arrearage. Apparently the modification process allowed for the filing of a garnishment so he was unable to continue to pay it himself directly. We could continue to pay it directly to the court again if we knew if that would be allowed.

QUESTION 2. Does the clerk care where the money comes from as long as it is paid?

QUESTION 3. Is the clerk obligated to file a new garnishment order at his new employer or is that not their job?

QUESTION 4. Is the clerk obligated to voluntarily provide the CP with new employment info or, for that matter, any information voluntarily provided to them by the NCP?

I have tried to understand the Illinois guidelines concerning modifications but am confused. One section says that an automatic "review" is done every 3 years (altho', in this case, a "review" was never done for the last 6 years) and also states that a modification can be filed if there is a change of 20% or a minimum of an additional $10.00 a month.

QUESTION 5. From this, can I assume that since his new job will pay him 14-15% more than his old job, that it does not meeting the 20% guideline nor the 3 year review guideline since the last modification was only 4 months ago??

QUESTION 6. Even if it doesn't meet the Illinois state guidelines, if I am reading them right, can the CP seek another modification 4 months after the last one?

My husband is, in no way, trying to avoid his obligation in this matter and never has. We would simply like to know what can possibly happen to prepare ourselves. We will do the right thing and notify the clerk, we would simply like to avoid paying another $6000.00 in attorneys fees and the 10 month modification process we went thru that was finally completed this past June.

We have 16 months left before the CS stops at age 18 and want to do what is right. With this little "formal" obligation time left, it's not worth screwing things up. We want to be informed of the potential process and what could happen here.

Thank you for any assistance.

Your husband has two choices. Continue to pay the ordered amount himself until a new garnishment goes into effect, (the way I would recommend he handle it) or if he is concerned about things getting confused, and them assessing arrearages anyway (resulting in duplication), then put the money aside so that it can be paid all at once.

He also should have a copy of the wage assessment order. He should give that to his new employer so that the employer starts withholding the child support immediately.

 

[Tunie]

Thank you for

your assistance, I understand what you have posted but that doesn't really answer the question of if he will be subject to an increase in the amount of CS. We planned on paying the CURRENT amount ourselves so we don't get behind until we are able to determine if he should be paying more since he will be making 14-15% more in his new job.

As I said, the CP filed and received a modification in June 2004. So if the guidelines say a review every 36 months or a 20% change in circumstances, I guess we can assume that the current amount of $504.00 a month, per guideline, won't change since a 14-15% increase income does not meet the 20% change. He was making $44,200 a year and his new job will put him at about $50,000 - a little less than a $6000. increase per year or about 14%. For a 20% increase he would have to make over $53,000. and that's not going to happen in the near future. He was hired in at $50,100 at the new job he started today.

As I said before, we just got done with a modification in June of this year that cost us $6000. and over 10 months worth of headache for no good reason. It should have been a simple modification process but the CP made things as difficult as possible. Going thru that again VOLUNTARILY only to find out that he isn't liable to pay more because he doesn't meet guidelines would be a waste of time and money.

So, I guess what I'm asking is if anyone familar with the Illinois CS system reads this the same way I am - not liable to pay more because it isn't a 20% change upward in income. ???

Thanks again for any help.

 

[LdiJ]

your assistance, I understand what you have posted but that doesn't really answer the question of if he will be subject to an increase in the amount of CS. We planned on paying the CURRENT amount ourselves so we don't get behind until we are able to determine if he should be paying more since he will be making 14-15% more in his new job.

As I said, the CP filed and received a modification in June 2004. So if the guidelines say a review every 36 months or a 20% change in circumstances, I guess we can assume that the current amount of $504.00 a month, per guideline, won't change since a 14-15% increase income does not meet the 20% change. He was making $44,200 a year and his new job will put him at about $50,000 - a little less than a $6000. increase per year or about 14%. For a 20% increase he would have to make over $53,000. and that's not going to happen in the near future. He was hired in at $50,100 at the new job he started today.

As I said before, we just got done with a modification in June of this year that cost us $6000. and over 10 months worth of headache for no good reason. It should have been a simple modification process but the CP made things as difficult as possible. Going thru that again VOLUNTARILY only to find out that he isn't liable to pay more because he doesn't meet guidelines would be a waste of time and money.

So, I guess what I'm asking is if anyone familar with the Illinois CS system reads this the same way I am - not liable to pay more because it isn't a 20% change upward in income. ???

Thanks again for any help.

I agree. It won't go up for modification again this soon. Particularly if he gets his new employer to start the wage assessment immediately so that there is no interruption in child support.