Child Support Orders While Incarcerated

[lovnu4ever]

G has a daughter he pays monthly child support for. When he missed a months work last year he got a warrant for his arrest for nonpayment.  When he was in the county jail for a couple of months last year I bailed him out before he was sentenced to prison. My bail money went to his child support from when he was in jail.  When he gets out of prison I'm assuming he is going to owe a large amout of child support as well. Does this mean he will have another warrant? What if he cant find a job right away? Will a warrant violate his probation? I woke up in the middle of the night thinking about all of this. Abyone have any thoughts on this?
                                                                                  Raine

[mamacita1]

My brother lost his job, and then got another one with a much lower salary.  Each time, he went to court to get a reduction of the "set" amount, and of course was awarded it. 

I think if your G goes to court...takes his papers showing he was in prison....he won't be compelled to owe back child support. 

As for the warrant issues, I don't know....I have heard that it may be difficult to get released on probation if any outstanding warrants are in place.

I wonder if this situation can be taken care of now by you?  If it can, someone will come along and direct you, I am sure.

mamacita

[lovnu4ever]

he doesnt have any outstanding warrants unless he got one because he cant pay right now. Wouldnt the county know that he isnt paying right now because he is incarcerated? Should I write a letter to his judge? I dont know if they would even care what I had to say because I amy only the girlfriend.

[mamacita1]

I would double check with the county if he has any outstanding warrants.  The counties are not very good about cross-communication. 

[Susan]

In prison, or not, I believe the child support keeps adding up until he petitions the court for a downward modification. If the judge does award a lesser amount, it will be effective on the date that he filed for the modification, no sooner.

[Dazzler]

Well, before he's released the IDOC run a final check for warrants.  If he has one for child support he'll remain there until he either satisfies the amount of child support owed or goes to court.  My ex-BIL was sentenced to Stateville for 61 days and he wasn't released due to back support and someone had to come up with $6,000.  It all depends whether the child's mother is going after him in court or the State will if she's receiving any kind of aid.  He could always write a letter to the reporting County clerk's office and explain that he's incarcerated and therefore unable to fulfill his child support agreement.

[lovnu4ever]

He is writing a letter to the court so hopefully that will help the situation. Why would they keep him in prison when its only going to make the amount higher because he obviously cant work. His daughters Mom is on welfare so I'm hoping they might have some kind of clue that he is in prison. Is there anything I can do to help him? I cant pay his child support but I can make some phone calls I guess

[Dazzler]

Yes, if I were you I'd call the County clerk's office and ask for Child Support Division.  I'd explain the situation and ask what can be done to ensure that he won't be arrested or held in prison longer because of child support arrearages...they are the ones that could answer your questions the best.

[lovnu4ever]

I just got off the phone with the Sherrif's dept. And he looked up his name and said there werent any current warrants. I'll let G know so he can write to child support division just so he can cover his  moonie

Its getting so close and I am so worried something is gonna go wrong. Better over cautious right now I think.

[lovnu4ever]

Yes, if I were you I'd call the County clerk's office and ask for Child Support Division.  I'd explain the situation and ask what can be done to ensure that he won't be arrested or held in prison longer because of child support arrearages...they are the ones that could answer your questions the best.

Thanks DAZZLER

[Jims]

I looked up the Illinois Child Support Enforcement Agency website and found the section regarding requests for modifications. The site itself does not give a lot of answers. It does provide a phone number:

Non-Custodial Parents:  If your financial circumstances have significantly changed and you feel that your situation warrants a modification, you can request a modification of your support order. You may request a review by contacting the Child Support Customer Service Call Center (1-800-447-4278) or by submitting a letter of request to your Regional Office.

I was also looking around for additional information and found out that upon his incarceration, an inmate in Illinois is supposed to be given a brochure explaining his situation regarding his child support obligations. Not all inmates are eligible for modifications. Approximately 54% do receive a modification. Though Illinois is one of only a few states to ever lower an obligor's order to $0, they usually reduce the amount by up to 75%.

My guess is that those inmates doing short sentences (3 years or less) probably do not receive a downward modification. Longer sentences probably are eligible for modifications of various amounts.

How old is his daughter? Why is his ex-wife on welfare?

[lovnu4ever]

His Daughter Is 5. She has a 1 year old as well by another man. She is not married and has always been on assistance for as long as I have known her. (about 3 years). I knew her before I knew G. When he is working it automatically comes out of his checks. I paid it up while he was in county (they took it from the bond money).

[mamacita1]

What should I do about my child support order if I am in prison?

If you are in prison you will still be responsible for child support based on your past income until you get your support obligation modified by a court or administrative agency that set the obligation.

Many non-custodial fathers believe that if they get behind at a time when they are legitimately unable to make a payment, what they owe can later be reduced or discounted by the court when an explanation is given. However, if you wait to explain your changed circumstances, the court will be unable to reduce the back payments that you owe. If possible you should notify the court immediately, provide proof that your income is reduced because you are in jail, and ask that your payments be reduced accordingly. If you do, the court may temporarily or permanently reduce the amount of the payment.
http://www.cffpp.org/legal/illinois_en.html#child13

[lovnu4ever]

Thanks again. I'll send all this info to G so he can write some letters and get things in order

[jlnjy]

My LO was swapped for DNA in prison because a woman he had been involved with prior to being locked up claimed him as the father. Good thing he is the father (since she named him after him). Anyway, he kept receiving notices of child support owed - yes, mailed to him in prison. I'm not certain if he did anything about it or not because irregardless, he is responsible for the child. I will check on this but I believe since she was on welfare that he will be responsible for paying back the welfare grant money to the state.

[jazzyme]

My ex-husband owes around 30,000 in back child support and the state of illinois has never put out a warrent for his arrest.  He said he just received a normal child support letter in prison about 9 months ago but nothing since then.  I don't collect welfare and haven't for over 19 years so I don't know if that is differant.  They just took money out of his paychecks when he had a job but they told be there is nothing else they can do.  So, I don't think I would want to call and ask them just in case it stirs up things??

[lovnu4ever]

G has a daughter he pays monthly child support for. When he missed a months work last year he got a warrant for his arrest for nonpayment.  When he was in the county jail for a couple of months last year I bailed him out before he was sentenced to prison. My bail money went to his child support from when he was in jail.  When he gets out of prison I'm assuming he is going to owe a large amout of child support as well. Does this mean he will have another warrant? What if he cant find a job right away? Will a warrant violate his probation? I woke up in the middle of the night thinking about all of this. Abyone have any thoughts on this?
                                                                                  Raine

Are you in Illinois?

Yes Illinois

[lovnu4ever]

My ex-husband owes around 30,000 in back child support and the state of illinois has never put out a warrent for his arrest.  He said he just received a normal child support letter in prison about 9 months ago but nothing since then.  I don't collect welfare and haven't for over 19 years so I don't know if that is differant.  They just took money out of his paychecks when he had a job but they told be there is nothing else they can do.  So, I don't think I would want to call and ask them just in case it stirs up things??

Ive known G for 2 yrs now and he's a roofer which can be somewhat of a seasonal job . On 2 occasions he has gotten warrants for child support Because he wasnt working. The state is all up on him

[jazzyme]

I think DAZZLER is right with depending on the situation.  Before he was incarcerated he was collecting money from his unemployment checks.  Since I wasn't on welfare for very long he didn't owe the state much money but he owed me most of the money.  I do remember he was in jail for something minor years and years ago but I told the judge he was paying me so they just disregarded it and let him out but I had to write a letter that day.  My kids are now 24 and 21 so I guess if anything came up I could always tell them I don't want the money at all.  I am NOT after him for the money and that is in the past.  From what I can tell from the internet Illinois doesn't put very many people in jail for non payment.  Seems like they go more after the guys that the ex is pushing on them.  Any insight?? Just my opinion. 

[lovnu4ever]

This woman has always gotten as much state assistance that is available to her. Dont get me wrong, He needs to pay his child support and in a timely manner. I have never seen anything like this before either. They are very aggressive with him. I have bailed him out twice on child support warrants and I know it was paid the month before because I've seen the amount deducted out of his paychecks. The state would be in great shape if they were on top of this with everyone wouldnt they?