• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

State taking SD's Child Support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

SgtPink

Member
What is the name of your state (only U.S. law)?
Illinois
I have read the sticky and I swear I will try my hardest to follow the rules. I am posting this question and hopefuly do it right.

My husband is currently paying his daughter's mother Child Support. He gets paid every two weeks so her mom gets money every two weeks since they take it out of his check directly. There were some mistakes and he got behind and finally on 4 August he was all caught up. Unfortunatly the new order did not get to his job until after the pay period, so for one payment he over paid but only by $48.

Last week he got a call from his daughter's mother saying she had not received child support but had received a check from the state for a little over half the amount. My husband freaked out because the last time she didnt get her Child support she didnt tell him until almost a month later and that is how he got behind. He called his work, the Child support center and the state distrubution center and all told him he was caught up and there was no problem.

Due to her privacy they could not tell him where the money was going. She would have to call back and find out. She called them and they told her that his job had been sending extra money to try to catch up and since they were paying too much they had to take some money back. They did tell her that it was a one time thing and next pay period (12 Sep) she would get the full amount. Today she called my husband and me asking for us to straighten it out. Her exact words were "You need to call your work or Child Support and get this fixed NOW! Have SgtPink call them too so they can fix it!"

I explain to her that I was a legal stranger and I couldnt do that. I am very well aware of my role legally and there is nothing I can do. But I would like to help my husband figure out what could possibly be the cause of them taking the money and how this is going to affect him.
She claims she doesnt get any kind of help from the state. So is there any reason why the state would take her money?

I apologize if in any way I offended anyone or didnt follow the rules. This is my first post. Thank you in advance :eek:What is the name of your state (only U.S. law)?
 


Ohiogal

Queen Bee
Because he overpaid. Therefore they are making sure the amount is correct. She needs to chill. Congrats by the way of knowing your place in this entire situation.
 

LdiJ

Senior Member
Because he overpaid. Therefore they are making sure the amount is correct. She needs to chill. Congrats by the way of knowing your place in this entire situation.
Actually, the employer could have goofed the second time. It may be the the employer intended to make a temporary change to fix an overwithheld situation, and then accidentally didn't reverse the fix, for the next pay period.

He absolutely needs to discuss it with his employer, so he doesn't end up with arrearages because the employer doesn't realize that there is now an error.
 

TinkerBelleLuvr

Senior Member
Don't know what the deadline date is for Illinois, but on a FEDERAL level, they will start withholding $25.00 from the child support RECEIVED after the first $500.00 in the fiscal year. This starts in October in my state, cuz that is our fiscal year start. Might want to check on that for Illinois.

Want to mention that the $25.00 is on a one-time basis for the fiscal year for each order. There are exceptions to the deduction.
 
Last edited:

SgtPink

Member
Thank you very much for all your replies. :eek:

Actually, the employer could have goofed the second time. It may be the the employer intended to make a temporary change to fix an overwithheld situation, and then accidentally didn't reverse the fix, for the next pay period.

He absolutely needs to discuss it with his employer, so he doesn't end up with arrearages because the employer doesn't realize that there is now an error.
My husband went through the paperwork with his employer. He works for a police department. He gets a copy of the check they mail the distribution center. She is very good when it comes to Child Support and sends exactly what the court order states. She lets him know when there is a new order and things will be changing so he is aware of it.

My husband spoke with his employer, the child support center and the distribution center and they all told him the same thing. He is caught up and it has nothing to do with him. For privacy purposes they couldnt tell him where the money was going and that she would have to call to find out. He understands this and told his daughter's mother to give them a call.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top