Please help!

[ARHONDA]

What is the name of your state? Illinois

Please help! Is it possible to not have child support taken from your payroll check? My husband and I want to file an Uncontested Divorce and we are not sure if this can be done without the courts being involved. Is it possible?

 

[CandiceH]

I just looked up the IL guidelines and found nothing in there that forces an NCP to have a payroll deduction. If anyone else finds something different, I am sure they will correct me on this - I believe there are a couple of states where you have to go through the AG's office or CSEU but IL does not appear to be one of them.

You can have your child support collected however and whenever you want. http://www.alllaw.com/calculators/Childsupport/illinois/ this site can help you in regards to cs calculations.
http://www.ilchildsupport.com/
The site above will tell you how enforcement works.

 

[ARHONDA]

I'm sorry. Please clarify? Does this mean we have to file for child support at the time we file for divorce or any at all? We want to take care of her the way we want to without the courts being involved.

Also, if this arrangement doesn't workout between me and my husband, can I file for child support later?

 

[stealth2]

Given that a judge has to sign the divorce decree for it to be legal, the courts are going to be involved regardless. And, generally, it is not possible to waive child support.

 

[BL]

Even with uncontested as was already stated the Judge is going to want to make sure there something in place .

Even in my UD I had prior Court Orders terminating CS obligations , with the law clerks recommendation that all current Family Court orders remain .

The Judge stated they would remain the same , but still put a CS amount .

Of course that was corrected .

 

[ARHONDA]

Okay with that being said, how do I file without having payroll deductions taken from his payroll check? I went to the website provided and could not find nothing related to this perticular issue. Can you please tell me who I can call or where I can go in Illinois to arrange this, or is it done by the courts too?

Also, you stated that I can have the money taken how and whenever I choose, does this mean that I can determine the child support I wish to collect from him? Also, can he pay me by check or money order etc.?

 

[LdiJ]

Okay with that being said, how do I file without having payroll deductions taken from his payroll check? I went to the website provided and could not find nothing related to this perticular issue. Can you please tell me who I can call or where I can go in Illinois to arrange this, or is it done by the courts too?

Also, you stated that I can have the money taken how and whenever I choose, does this mean that I can determine the child support I wish to collect from him? Also, can he pay me by check or money order etc.?

The two of you can put an agreement together that states how much child support is to be paid, and that its to be paid directly to the parent. The agreement should also address property settlement issues and parenting time/custody.

However, there is a chance that a judge might not accept your agreement....a fairly slim chance.

 

[ceara19]

The two of you can put an agreement together that states how much child support is to be paid, and that its to be paid directly to the parent. The agreement should also address property settlement issues and parenting time/custody.

However, there is a chance that a judge might not accept your agreement....a fairly slim chance.

The judge could easily have a problem with the direct payment. It doesn't leave a paper trail. Even if the support isn't garnished, the payments should still go through the state to protect BOTH parties in case there comes a time that they are no longer on good terms.

 

[LdiJ]

The judge could easily have a problem with the direct payment. It doesn't leave a paper trail. Even if the support isn't garnished, the payments should still go through the state to protect BOTH parties in case there comes a time that they are no longer on good terms.

I actually have direct experience with this one. My ex and I wanted to put together an agreement that basically said that we would handle things between ourselves and didn't want the state involved in our lives....kind of like this OP...only we were this way about literally everything.

My attorney said that the judge would never agree. I told her that I was her client and she would do it the way I wanted and she said "ok". My ex's attorney voiced the same opinion and my ex "wimped" at first but eventually also put his foot down.

The judge signed off on our agreement and actually admonished his attorney because she attempted to get the judge to overrule our agreement. (my ex was NOT happy with her)

I agree that not every judge is going to accept an agreement that isn't the "norm"....but our judge did....despite the fact that neither of our attorneys were happy about it. However he and I got divorced and settled everything for only about 3k between both attorneys.....and that was about 1k more than necessary, because his attorney nitpicked the agreement that we had already written up ourselves...and tried to convince the judge to overrule it on the basis of "we would just end up back in court".

We have never been back to court....our daughter is now an adult.

 

[ceara19]

I actually have direct experience with this one. My ex and I wanted to put together an agreement that basically said that we would handle things between ourselves and didn't want the state involved in our lives....kind of like this OP...only we were this way about literally everything.

My attorney said that the judge would never agree. I told her that I was her client and she would do it the way I wanted and she said "ok". My ex's attorney voiced the same opinion and my ex "wimped" at first but eventually also put his foot down.

The judge signed off on our agreement and actually admonished his attorney because she attempted to get the judge to overrule our agreement. (my ex was NOT happy with her)

I agree that not every judge is going to accept an agreement that isn't the "norm"....but our judge did....despite the fact that neither of our attorneys were happy about it. However he and I got divorced and settled everything for only about 3k between both attorneys.....and that was about 1k more than necessary, because his attorney nitpicked the agreement that we had already written up ourselves...and tried to convince the judge to overrule it on the basis of "we would just end up back in court".

We have never been back to court....our daughter is now an adult.

Judges are losing more and more control over the issue of child support. The federal government now requires each state to have an enforcement agency and a distribution "center" in order to continue receiving federal funding.

If the agreement is basically, "we will handle it ourselves" and there is no actual dollar amount ordered for child support, the state would have nothing to account for. But the OP seems to want a SUPPORT order, without having a garnishment order, and setting it up so that the ex pays her directly.

When a set amount is ordered on a recurring basis, ultimately, the state needs to be able to account for the money and have an "official record" of the transactions. It also protects both parents. Without a confirmed record either party can cry foul at any time.