What is the name of your state?What is the name of your state? Illinois/Indiana
Ok, My ex and I (never married)have been split up for 11 years with a 12 year old daughter. Both of us have since remarried. She skipped states once, got into some child neglect trouble over there (sorry, Indiana). The end result was that I finally got regular visitation of my daughter, and my child support was considered prepaid. The ex had filed for Public Aid (grrrr....public aid BAD!) in both states. After jumping through hoops and both states saying the other had to drop the order, in ended up overpaying enough Child Support in both state. She moved back to Illinois, now living only a few miles away.
The judge in Illinois would not order her to pay any of it back, citing that it would be an undue hardship on her and her husbands children (niether have woked since 1997, at least not steadily), but a judge in Indiana ordered the Child Support order suspended until it had "caught up" for lack of a better term. Even with this it took almost a year for the payments to stop. Now 4 years later, I get a letter from Public Aid (Illinois) saying they are going to garnish my check, claiming I'm 4 years in arrears. There is no current child support order in Illinois. Whats more, they are wanting to take nearly twice what they were in the beginning, close to 50% of my check. I can't get anyone in Public Aid to talk to me, playing phone tag with the caseworkers. One has tried to tell me that Public Aid can "override" a Court Order if it is in the best interest of the child, but I don't see how they can garnish my check without an order. I thinmk it is a gross abused of the system for me to have overpaid by some $10000 over the last 11 years, have her be able to play the "poor single mom"act to the judge, and when I finally get a little satisfaction from the courts, have Public Aid help her end run around the system. Not to mention the fact that that my wife andI also have children to support. With niether of them working nor showing any ambition to work, it really stings, feeling like we are supporting thier whole clan (they've had 5 kids since we split up). Any advise?
Ok, My ex and I (never married)have been split up for 11 years with a 12 year old daughter. Both of us have since remarried. She skipped states once, got into some child neglect trouble over there (sorry, Indiana). The end result was that I finally got regular visitation of my daughter, and my child support was considered prepaid. The ex had filed for Public Aid (grrrr....public aid BAD!) in both states. After jumping through hoops and both states saying the other had to drop the order, in ended up overpaying enough Child Support in both state. She moved back to Illinois, now living only a few miles away.
The judge in Illinois would not order her to pay any of it back, citing that it would be an undue hardship on her and her husbands children (niether have woked since 1997, at least not steadily), but a judge in Indiana ordered the Child Support order suspended until it had "caught up" for lack of a better term. Even with this it took almost a year for the payments to stop. Now 4 years later, I get a letter from Public Aid (Illinois) saying they are going to garnish my check, claiming I'm 4 years in arrears. There is no current child support order in Illinois. Whats more, they are wanting to take nearly twice what they were in the beginning, close to 50% of my check. I can't get anyone in Public Aid to talk to me, playing phone tag with the caseworkers. One has tried to tell me that Public Aid can "override" a Court Order if it is in the best interest of the child, but I don't see how they can garnish my check without an order. I thinmk it is a gross abused of the system for me to have overpaid by some $10000 over the last 11 years, have her be able to play the "poor single mom"act to the judge, and when I finally get a little satisfaction from the courts, have Public Aid help her end run around the system. Not to mention the fact that that my wife andI also have children to support. With niether of them working nor showing any ambition to work, it really stings, feeling like we are supporting thier whole clan (they've had 5 kids since we split up). Any advise?