DES (Welfare)- Trying to get more money

[KabukiBlood]

What is the name of your state (only U.S. law)? IL

Background - In September of 2002 I divorced my wife due to her being 8 months pregnant by another man. (I was in Iraq for a year) We went to a lawyer had the divorce papers drawn up, and I agreed to Joint Custody and paying $300 a month in child support. Due to Military Obligations I was not present during the Divorce hearing and my X-wife had the Divorce modified stating that I had abandoned her and my son, so the judge granted her full custody and court order the child support which I did not find out about until 2 years later when DES (Welfare) began garnishing my wages, even though I had been sending my X-wife $300 a month by Western Union. I found out I was $15,000 behind on child support because of the court order. I never received any paperwork about this court order and requested a hearing with the judge. I live in AZ and was granted a phone hearing, at which time the states attorney stated that any money given directly to my X-Wife and not through the court was considered a gift regardless of wither or not I had the Paperwork from Western Union. (Which I had sent copies to DES(Welfare), the states attorney, and the judge) The judge sided with the states attorney and the back child support was enforced. I had also found out at this time from a reliable source that the child in question may not even be mine due to my x-wifes infidelity during our entire marriage. I had requested paternity test and was rejected by the Judge saying that the statue of limitation was only 2 years from the time of the divorce and it didn't matter if I was the father or not I was responsible. So now I have had my wages garnished over the last 5 years to include the $300 child support, $150 for back child support and $100 for interest on the back child support. I have fought this issue for the last 5 years with even the lawyers in IL where this court is saying their is nothing they can do. Over the past 5 years I have received paperwork from DES (Welfare) every 3 months wanting to know my income and trying to raise the child support, every time I have filled out the requested information and sent it back to them, to later find out that my X-Wife never followed up and the increase was dropped.

Current issue:

I just received paperwork from DES(Welfare) in IL stating that they are sending my case back to court because they want to increase the child support from the $300 a month to $1,016 a month which is 28% of my gross income. I have not received anything from DES(Welfare) since July of 09 until I received this. The paperwork they sent to me had calculation on it that where no where near correct. First they are stating that I gross $5,000 a month which is a lot more than I actually make. They also did not include the fact that Myself and My Current wife have 3 children together that I support, as my wife does not work. I also pay for the medical insurance for all of the children. I am barley getting by with what I make now. If DES(Welfare) takes anymore from me I will not be able to support my family.

Question:
What are my options to fight this?
Why is it legal for DES(Welfare) to keep going after me every 3 months?

 

[Ohiogal]

Quite frankly your wife needs to get a job as she is also responsible for providing financial support.
If you go back to court expect to be given a little credit for the three children you have had SINCE your first. the fact that you agreed to child support for a child that may not even be yours was your first mistake. You should have requested paternity at the divorce hearing.

 

[KabukiBlood]

Quite frankly your wife needs to get a job as she is also responsible for providing financial support.
If you go back to court expect to be given a little credit for the three children you have had SINCE your first. the fact that you agreed to child support for a child that may not even be yours was your first mistake. You should have requested paternity at the divorce hearing.

I was unaware that the child may not be mine until 2 years after the divorce. I never questioned paternity because I thought the child was mine. If I would have had any doubt at the time of the divorce I would have request the paternity test than.

If my current wife was to get a job I would pay more for Day Care because of the ages of my children than she could earn at a job, this is why she does not work.

 

[Ohiogal]

I was unaware that the child may not be mine until 2 years after the divorce.

That is NOT what you stated in your first post:

In September of 2002 I divorced my wife due to her being 8 months pregnant by another man. (I was in Iraq for a year)

Why did you divorce your wife again? Here you said it was because she was pregnant and then in the next sentence you stated you agreed to pay child support. That doesn't make sense.

I never questioned paternity because I thought the child was mine.

Then WHY did you get a divorce?

If I would have had any doubt at the time of the divorce I would have request the paternity test than.

it is too late. If the possible biological father (if he is not you) decides to petition, there might be a chance.

If my current wife was to get a job I would pay more for Day Care because of the ages of my children than she could earn at a job, this is why she does not work.

Then you have a problem. Because the state can review child support and raise it based on current income. How much do you earn? What about BAH? Other support? How much does your health insurance cost PER child. Not total but per child after you deduct the cost for employee and spouse?

 

[KabukiBlood]

That is NOT what you stated in your first post:



Why did you divorce your wife again? Here you said it was because she was pregnant and then in the next sentence you stated you agreed to pay child support. That doesn't make sense.



Then WHY did you get a divorce?


it is too late. If the possible biological father (if he is not you) decides to petition, there might be a chance.



Then you have a problem. Because the state can review child support and raise it based on current income. How much do you earn? What about BAH? Other support? How much does your health insurance cost PER child. Not total but per child after you deduct the cost for employee and spouse?

Sorry I should have been more specific. The child I am paying child support for is not the child she was 8 months pregnant with. The child I am paying child support for was 3 years old at the time of the divorce.

My X-Wife will not say who the biological father is because she is already getting child support from me.

Right now I gross about $3600 a month, I pay $186 a month for insurance on the one child. I do not know what BAH(If this is for the Military I am no longer in the Air Force) is.

Here is how everything breaks down.
$3600 a month before taxes.
$2800 after Taxes.
-$186 for insurance for the one child
-$300 for Child Support
-$150 for Back Child Support
-$100 for Child Support Interest
-$186 for insurance for the rest of the family
-$100 for Taxes owed
-$900 for Rent
-$238 for Power
-$500 for food (this is for a family of 5)
-$68 for Water, Sewer, and Trash
-$80 for Gas
-$40 for Phone

as you can see I am actual $48 in the hole each month so I have to juggle things to make sure all my bills are paid.

 

[Ohiogal]

Sorry I should have been more specific. The child I am paying child support for is not the child she was 8 months pregnant with. The child I am paying child support for was 3 years old at the time of the divorce.

Then you have no recourse. You are legal daddy. End of story.

My X-Wife will not say who the biological father is because she is already getting child support from me.

You should have been more proactive.

Right now I gross about $3600 a month, I pay $186 a month for insurance on the one child. I do not know what BAH(If this is for the Military I am no longer in the Air Force) is.

Really?

Here is how everything breaks down.
$3600 a month before taxes.
$2800 after Taxes.

How much of a refund do you get back every year? You have three children and your wife in your household correct?

-$186 for insurance for the one child
-$300 for Child Support
-$150 for Back Child Support
-$100 for Child Support Interest
-$186 for insurance for the rest of the family

Really? You pay $186 for five people and $186 for ONE child? I am not believing that. And most likely that is an issue. The child support interest and back child support is on you.

-$100 for Taxes owed

Why are you behind on taxes?

-$900 for Rent
-$238 for Power
-$500 for food (this is for a family of 5)

YOu need to start clipping coupons and look into HEAP and PIP.Also look for a cheaper place to live.

-$68 for Water, Sewer, and Trash
-$80 for Gas
-$40 for Phone

Okay.

as you can see I am actual $48 in the hole each month so I have to juggle things to make sure all my bills are paid.

You need to make sure DES has your actual income. But you also need to realize that insurance for ONE child should not cost as much as insurance for FIVE people. That is not logical.

 

[Radia]

YOu need to start clipping coupons and look into HEAP and PIP.Also look for a cheaper place to live.

It may not be called HEAP or PIP where you are but I assure you that there is some form of Govt help for your heat/ac/elect and sometimes even phone (land line for like 6 a month).

I have a hard time believing that you were in the military and don't know what BAH is... Its Basic Allowance for Housing. One of three major military pays and one of two major non taxable pays...

If your paying so much in taxes each month, then why are you making tax payments each month, with your family size you should be getting back more... Unless you are not admitting to some other form of income.

 

[KabukiBlood]

It may not be called HEAP or PIP where you are but I assure you that there is some form of Govt help for your heat/ac/elect and sometimes even phone (land line for like 6 a month).

I have a hard time believing that you were in the military and don't know what BAH is... Its Basic Allowance for Housing. One of three major military pays and one of two major non taxable pays...

If your paying so much in taxes each month, then why are you making tax payments each month, with your family size you should be getting back more... Unless you are not admitting to some other form of income.

WOW ok I wasn't expecting to get crucified for asking for help. I believe that I stated what BAH was and that is why I clarified that because I thought it was BHA Basic Housing Allowance, please read my post before flaming me for something.

As for the Taxes this is because 2007 and 2008 I claimed exempt and found that I made more money than the taxes covered so I ended up owing, this is why I am now having more taxes taken out so when I file this year it will pay off what I owe the IRS.

I am asking for simple help with my issue, if you want to be my lawyer in this case than I will be more than happy to send you every document I have collected over the past 5 years, and will be more than happy to send you copies of my paychecks. I have nothing to hide and it would be stupid for me to lie about anything when asking for help, it defeats the whole process. I am not a backwoods no education redneck, if you have honest helpful advice I will be glad to listen, if you are looking for discrepancy in my statements so that you can flame me please do not bother as it wastes my time and yours.

 

[Radia]

You said...

I do not know what BAH(If this is for the Military I am no longer in the Air Force) is.

In other words you were saying you didnt know what it was...

I wasnt flaming you, or giving you a hard time, as a matter of fact I started my post with some helpful information...

Your original post was not very clear and that is why ppl are asking for clarification. I simply was pointing out other things I thought didnt add up.

 

[Ohiogal]

WOW ok I wasn't expecting to get crucified for asking for help. I believe that I stated what BAH was and that is why I clarified that because I thought it was BHA Basic Housing Allowance, please read my post before flaming me for something.

No one was crucifying you.

As for the Taxes this is because 2007 and 2008 I claimed exempt and found that I made more money than the taxes covered so I ended up owing, this is why I am now having more taxes taken out so when I file this year it will pay off what I owe the IRS.

Then you were not too bright for those two years and child support is NOT going to care.

I am asking for simple help with my issue,

Then quite SIMPLY you need to make changes to your budget. You also need to explain why insurance for ONE child is as much as insurance for the rest of the family of five. That is ILLOGICAL.

if you want to be my lawyer in this case

Your tone is pathetic. Most people on here are NOT attorneys.

than I will be more than happy to send you every document I have collected over the past 5 years, and will be more than happy to send you copies of my paychecks. I have nothing to hide and it would be stupid for me to lie about anything when asking for help, it defeats the whole process.

Yes it does.

I am not a backwoods no education redneck, if you have honest helpful advice I will be glad to listen, if you are looking for discrepancy in my statements so that you can flame me please do not bother as it wastes my time and yours.

Discrepancies exist in your statements and since they do, no one can give you accurate information until they are cleared. You still have NOT explained about the double insurance payment.

 

[KabukiBlood]

No one was crucifying you.


Then you were not too bright for those two years and child support is NOT going to care.

Yes I understand this.

Then quite SIMPLY you need to make changes to your budget. You also need to explain why insurance for ONE child is as much as insurance for the rest of the family of five. That is ILLOGICAL.

I live in Arizona not much chance to change the budget as everything here is very expensive

Your tone is pathetic. Most people on here are NOT attorneys.

Understandable

Discrepancies exist in your statements and since they do, no one can give you accurate information until they are cleared. You still have NOT explained about the double insurance payment.

The way I figured out the Insurance was I removed everyone from the insurance found the price for just the one child and that was $186, With the family on the insurance it only went up to $256 which is only a $70 difference. The reason I pay $186 for the family is because I have Dental and Vision on the plan for the Family.

 

[Ohiogal]

I live in Arizona not much chance to change the budget as everything here is very expensive

Not any more expensive than anything else.

The way I figured out the Insurance was I removed everyone from the insurance found the price for just the one child and that was $186, With the family on the insurance it only went up to $256 which is only a $70 difference. The reason I pay $186 for the family is because I have Dental and Vision on the plan for the Family

Then you have not calculated insurance properly. And your other child should have dental and vision.

 

[KabukiBlood]

Not any more expensive than anything else.





Then you have not calculated insurance properly. And your other child should have dental and vision.

Why should I be paying for dental and vision for a child that is not mine as well as paying for child support and medical?

 

[TheGeekess]

Why should I be paying for dental and vision for a child that is not mine as well as paying for child support and medical?

Because that's part of it. You are that child's legal father. You don't have to visit, but you will support that child or face whatever sanctions the state chooses to put upon you.

 

[KabukiBlood]

Because that's part of it. You are that child's legal father. You don't have to visit, but you will support that child or face whatever sanctions the state chooses to put upon you.

I am not legally bound to supply vision or dental I am only legally bound to pay medical, and I have support this child for the 10 years he has been alive.