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Asked 5/18/2011

Child support arrears

My ex owes over $56,000.00 in back due child support & the judge is only willing to garnish his wages at the current support calculation of 28%. I know that the court can garnish up to 65% (no I'm not asking for them to increase it to this amount but to the original amount set in 1996, not the amount he got it lowered to in January because he falisly represented his income to the court - which has been pointed out to the court with nothing being done about it) of his disposable income since he does not support a 2nd family. When I mentioned this to the judge he said no only 28% in the state of Illinois. If someone knows of the law that states the amount can increase because of the obnoxious amount of arrears (& yes, I've been going back & forth to court over the past 15 years because of his unwillingness to pay) please let me know where I can find it so I can take it in with me to my next court date.

 
 
 
 
 
Answers

Answer 1/2 - Submitted 5/18/2011

If he keeps not paying the judge will honor the support issue at 28 percent plus he'll be in contempt of the current order go to the child support agency and get them involved or at least see what is said as far as collecting money goes they would be the best ones to talk to regarding back support

 
 

Answer 2/2 - Submitted 5/19/2011

My spouse had an affair and father a child with this woman and my husband was never told by the mother of the child until the child turned 12 yr old. My husband has been order by the court to take a paternity test to determine if he is the father. My question is in the state of Alabama will my husband have to pay back child support even if he wasn't aware of the child. If he do how far back will he have to pay back child support in the state of Alabama?

 
 
 
 
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