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Asked 9/22/2008

What are the legal methods on collecting child support arrears.

I have a child support order dated 3/23/1992 for child support of $90.00 being paid monthly. Child support services required $15.00 a month to be paid on arrears. As of today he is no longer responsible for current child support. He is $6,73.72 in arrears as of today. The arrears has been increase to $75.00 a month and child support services is not adding intrest to the amount owed. It will take seven years to pay the debt he owes to me. My daughter is 18 years old. I want to take him to court on my own and have the payment increased and collect intrest on the debt. How can I do this and where can I find the legal documents to achive this?

 
 
 
 
 
Answers

Answer 1/6 - Submitted 11/26/2008

I do not know what state you are in ,but I paid child support for many years in Illinois and I was late and behind on those payments many times and I was never charged interest on payments in arrears.I think you would be more sucessful in collecting that child support money if a lawyer represented you, there are some lawyers that you do not have to give payment to unless they win the case and that way you can pay him with the settlement from court.

 
 

Answer 2/6 - Submitted 11/26/2008

Hello and thank you for your legal question. You need to file a motion to establish arrearages and a reasonable repayment plan. You need to create a spreadsheet in which you state the date that the child support was due, the amount due and the amount paid. The court will determine how much money is owed and then establish a repayment plan based on his financial situation. Once the court establishes the amount of child support owed, you can levy on any bank account of his, place a lien on his property and ask for even court ordered distribution of a pension plan. This motion in most states is pleading--something that is drafted--not really a form. My suggestion is for you to contact your local child support department and they can help you to establish child support arrearages and also enforce the repayment plan and executions and liens on property.

 
 

Answer 3/6 - Submitted 11/27/2008

In the state of Illinois if the non custodial parent is 12 weeks in arrears supporting another family they can only deduct 55% of their disposable income. If the non custodial parent is no supporting another family they can deduct up to 65% of their disposable income. Disposable income is generally gross income - all taxes and social security. An increase in the payment would be based on what the non custodial parents salary is on an annualized basis, which will then be divided by the number of pay periods they have in 1 year.
Please visit the Illinois State Child Support web site. If offers information on how to proceed.
http://www.ilchildsupport.com/

 
 

Answer 4/6 - Submitted 2/17/2009

I personally feel he doesn't owe you anything you had your child your whole life and after they are grown up you want the other parent to pay you! You should have done something before your child grew up. You don't need the $ now to support your child they don't live with you NOW! If you knew you had a court order of support ; you should have done something while the child lived with you! Sorry mommy, to me it was your order you did not follow through on...

 
 

Answer 5/6 - Submitted 2/21/2009

Tammie, just FYI the arrears is money owed the mother for the child support the father was not paying as the child was growing up. He owes that money to her for all the money she put into caring for their child as she was growing up. Does this make sense to you?

 
 

Answer 6/6 - Submitted 3/9/2010

I had that issue before here in CA.,that arrears are built-in his account.If the child was emancipated,
the amount that you will be receiving every month is to reduced his arrears.It will go on until the arrears is paid. It is your responsibility to infom your Child Support agency of his current/new emplo-
yer because the Child Support order/salary deduction will be forwrded to the new employer.

 
 
 
 
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