Question: Pre-existing Child Support Case

[Friendly21]

What is the name of your state?What is the name of your state? Illinois

The father of my child volunteered to pay child support in May of 2000 (the child was born in 98)

1st the father tried to get the support reduced to $76.00 a month and kept telling me that they are only suppose to take 20% of his check.

Needless to say when I mentioned to the judge that he volunteered to pay support and that I didn't sue him, the judge told him that the 200.00 a month stays. I didn't sue him. The father still hasn't sent support payments to the correct place as of date.

Now the father has 2 more children and keeps saying that the child support will be reduced because of the extra children that he has. I keep telling him that a judge isn't going to change a pre-existing order just because he went and had more children.

Question:
1- If you volunteer to pay support verses being sued will a judge still lower the child support payments. When you set your own amount that you could afford to pay.

2- Am I wrong or right by telling him that a pre-existing court order will not change just because he has more children.

Please let me know
Friendly21

 

[BL]

A pre existing order remains in full force and effect until or unless the Court modifies it.

Why haven't you filed contempt of court order If he hasn't paid a dime ?

 

[Friendly21]

Thank you!!

Trust me I'm about to send off the paperwork once I've gotten all my information together that I have to blow his lies out the water.

Thank you for your help.

 

[BL]

If he hasn't paid a dime, and he was Court order to pay, he is in Contempt of a Court Order.

Also, he is in arrears from the time the order was made. Arrears can not be canceled . He will owe it no matter IF he was able to get CS payments Lower or not.

If you file contempt, certain action might take place, such as suspending licenses, garnishing of wages, Etc .