Child Support nightmare from hell.

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1600vw

1600vw

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Not sure why I am posting this here. Maybe because some very smart people hang out here. But here it goes.

In 2007 I am awarded disability. The Judge who awarded me this went all the way back to the day I became ill. She said that this just does not happen. That they usually only go back to the last time disability denied you. But because of my records she was very upset with what the system put me through.

My daughter was awarded $10,000 one lump payment because she was under 18. This went back to 2002.

In 2005 I go to court when she reaches the age of 18 and have the judge close the case. Because I am on disability I am not behind in payments for they came out of my disability.

In 2006 someone at the department of child support reopens my case. They claim I am now over a year behind in support for i have not been making any payments since 2005.

I go to the circuit clerk and file a motion to modify to go before a judge. Nothing gets solved. The state starts freezing my bank accounts and things like this, reported me to the credit bureau.

In 2010 I start receiving checks from the state of Illinois for over payment in child support. These checks kept coming for over a year. I think great this is all over. This was 2010.

I find out just a week ago that child support has been coming out of my disability all this time. Even when I was getting refund checks they where still taking money from my disability.

Because of having my bank accounts frozen and my credit ruined the wife and I became homeless. We had no money. I could not buy medication what medication I could afford. Here I had a broken back and we had nothing.

Jump forward: I get my yearly disability statement saying what is coming out of my check. It says Child support:

I start calling the department of child support enforcement two days ago trying to stop all this. I was sent from one department to another. I was finally transferred to the States attorney's office. The lady in this office was the one who told me someone went against a judges order and open the case after the judge closed it. She was very upset. She gave me access to all the payments I have ever made into child support. She also sent me the paper work showing the case was closed and showing someone re opens it a year later.

My wife and I lives have been turned upside down because of this child support. The state should pay for what has happened. But the big kicker I can not get it stopped. Still to this day I am paying child support for a child that is grown with kids of her own.

I need an attorney to help me fight this. The States Attorney's office understands the can of worms that I can open against the state. My wife and I deserve to have this wrong righted.

I also believe my X should have something done. She should have said she is receiving funds she does not deserve.

$250.000 would not be enough to set the record straight after all the wife and I have been through.

My Child support story from HeL#

Calling out for help.

Tony
 
John Baker said:
Bureaucratism, it can only get worse for more and more people.

-John
Click to expand...

+1,000

The inevitable result when you place great power in the hands of people who have little to no meaningful consequence attached to their actions.
 
I had a similar type of question and the best I can do is point you down the path I took. Search legal records at your local library in Lexis Nexis. Find cases that were tried where whichever department in county or state was named defendant. This will take a good whack of time, because lots of time it is just showing state as defendant, but you can get a feel for which lawyers/firms for the state defend which cases. Find the cases ruled in favor of the plaintiff. Look for the firms that come up over and over and now you have a few firms to call. Second round of research, news and other stories, this is Illinois. Find the most connected guys...with friends in the right places. Move them to the top of your list. Give them a call and setup your consultation. First visit with a lawyer is free. Talk to all of them; don't sign with the first. Listen carefully and take notes, and especially listen to the questions they ask. You have an idea of being wronged, but they may point you of alternatives that may better resolve your issue.

My experience was four firms. First two, and fourth, reviewed the matter and said it would be expensive, but likely an equitable agreement could be reached. Third one laughed his arse off and said the other guy had no claim, as he had designated another beneficiary, and thus would enjoy pursuing the dismissal, for free on the spot, and offered a reasonable fee arrangement for any further work. You can guess which lawyer I signed.

IANAL, this advice is worth exactly what you paid for it.
 
Jim Rosenow said:
Agreed......

You have an apparent knack for attracting incompetent professionals into your life.

The medical profession.....

http://www.pilotsofamerica.com/forum/showthread.php?t=79029

....and the State.
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You get what you get in the area you live. When I lived in Vail Colorado I received the best treatment. I have lived a lot of places and it's only been in Illinois I have had these problems. Its been like this before I moved away and after I moved back. Why I did not want to move back. But health forces one hand sometime. So I do not always get incompetent professionals thank you very much.

Also how in the hel# do i pick the people in the child support office? How does this fall on me. Explain yourself.......

Tony
 
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Mason said:
How's your back?
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Thanks for asking. Its not any better. Nothing has changed. My doctor send me a letter eight months ago asking me not to return until I get better insurance. I did that a couple weeks ago. I signed up for insurance that pays 100% of the doctors bills. It is costing me 486 bucks a month. I make $900 per month. But I need the medical help.

Now I have to fight this fight with child support. I really need some help.

Thanks again for asking.

Tony
 
1600vw said:
Not sure why I am posting this here. Maybe because some very smart people hang out here. But here it goes.

In 2007 I am awarded disability. The Judge who awarded me this went all the way back to the day I became ill. She said that this just does not happen. That they usually only go back to the last time disability denied you. But because of my records she was very upset with what the system put me through.

My daughter was awarded $10,000 one lump payment because she was under 18. This went back to 2002.

In 2005 I go to court when she reaches the age of 18 and have the judge close the case. Because I am on disability I am not behind in payments for they came out of my disability.

In 2006 someone at the department of child support reopens my case. They claim I am now over a year behind in support for i have not been making any payments since 2005.

I go to the circuit clerk and file a motion to modify to go before a judge. Nothing gets solved. The state starts freezing my bank accounts and things like this, reported me to the credit bureau.

In 2010 I start receiving checks from the state of Illinois for over payment in child support. These checks kept coming for over a year. I think great this is all over. This was 2010.

I find out just a week ago that child support has been coming out of my disability all this time. Even when I was getting refund checks they where still taking money from my disability.

Because of having my bank accounts frozen and my credit ruined the wife and I became homeless. We had no money. I could not buy medication what medication I could afford. Here I had a broken back and we had nothing.

Jump forward: I get my yearly disability statement saying what is coming out of my check. It says Child support:

I start calling the department of child support enforcement two days ago trying to stop all this. I was sent from one department to another. I was finally transferred to the States attorney's office. The lady in this office was the one who told me someone went against a judges order and open the case after the judge closed it. She was very upset. She gave me access to all the payments I have ever made into child support. She also sent me the paper work showing the case was closed and showing someone re opens it a year later.

My wife and I lives have been turned upside down because of this child support. The state should pay for what has happened. But the big kicker I can not get it stopped. Still to this day I am paying child support for a child that is grown with kids of her own.

I need an attorney to help me fight this. The States Attorney's office understands the can of worms that I can open against the state. My wife and I deserve to have this wrong righted.

I also believe my X should have something done. She should have said she is receiving funds she does not deserve.

$250.000 would not be enough to set the record straight after all the wife and I have been through.

My Child support story from HeL#

Calling out for help.

Tony
Click to expand...
Just a thought, but you might try calling your Congressman's district office. They may or may not be able to intercede on your behalf because it is a state government issue, but if not, they should be able to point you in the right direction.

Helping constituents with government issues is one of the main functions of the district office.
 
I take it this child support money is going into your ex-wife's account and she is just keeping it although she is not entitled to it. There may be a criminal offense there to look into. Getting the police involved may shake something loose on another level.
 
Have we no Illinois lawyers on this board who might be able to shake things up a bit? I doubt it would take a lot of work. The storefront guy I used in Queens could move mountains with a nastygram or a phone call when it came to bureaucratic snafus.

Rich
 
1600vw said:
How does this fall on me. Explain yourself.......

Tony
Click to expand...

Per your direct request....

(In 2006) "I go to the circuit clerk and file a motion to modify to go before a judge. Nothing gets solved. The state starts freezing my bank accounts and things like this, reported me to the credit bureau."...

If a hearing was held and a decision was made, it was "solved" for that level. A decision has was reached on the legitimacy of your request. It was your job as plaintiff to convince a judge or hearing officer of that legitimacy, and to follow up if you feel that decision was made in error. Apparently not done.


"In 2010 I start receiving checks from the state of Illinois for over payment in child support. These checks kept coming for over a year."...

Five years ago you start getting refund checks from the State. Your response is to take it for a year, not question why it either started or ended, and apparently not review your other paperwork (see below)


"I find out just a week ago that child support has been coming out of my disability all this time. Even when I was getting refund checks they where still taking money from my disability."...

You mentioned that in 2010 you received the refund checks, so you've missed the opportunity to notice they were taking child support out of your disability check in at least 4 yearly statements.

The State of Illinois is the most inept bureaucracy I have lived under, but I see enough responsibility to go around.
 
RJM62 said:
... I doubt it would take a lot of work....
Rich
Click to expand...

Be careful Rich that can be a dangerous assumption.:eek:


Tony, I think you are going to need an attorney. Where in Illinois is the support case lodged? I'll ask around but you need to find someone. See if you can find an attorney to do this on a contingency basis. If you can't try a law school family law or disability law clinic. There are lots of law schools in Illinois and their clinics do work for free for those that qualify. Try to contact Illinois Legal Aid.

If none of this works as Fearless said call your state rep and or congress person. As a last resort you can try to get a local TV consumer or government reporter interested. If the media picks up on the issue it could result in a fast resolution. Its an unpleasant route but may be worth it. Good luck.
 
Thanks for the replies.

Sangamon County. Thanks for the link to Jeffery M Leving.

This has caused my wife and I great heart ship. Having ones bank account frozen and credit rating ruined. We deserve compensation for this heart ache. I am not about to just let the state off. My ex-wife has 13 brother and sisters. Who is to say its not one of her family members working for the state, she has a few who do, who reopened this case. What is to keep them from doing it again after another judge closes it again?
If it happened once, why won't it happen again? The only way to keep this from happening is to sue and for a large amount.

Tony
 
AdamZ said:
Be careful Rich that can be a dangerous assumption.:eek:
Click to expand...

Somehow I knew you would respond to that as soon as I posted it. :D

In all seriousness though, I'm pretty sure my old guy's Rolodex contained the names, addresses, and phone numbers of every fixer, in every government agency, on every level of government. No matter which agency was screwing things up, all it took was a few flips of his fingers for him to find the person who could fix the problem. The guy was amazing.

Rich
 
Call first thing on Monday: Land of Lincoln Legal Assistance Foundation

They may or may not be able to connect you with an attorney on the phone. They may ask you to come into a legal clinic. Keep in mind that they want to help you. When you meet with an attorney or go in to a clinic, bring ALL of your paperwork with you, starting with the original divorce decree or child-support order, and everything since then.

Good luck.
 
Lindberg said:
Call first thing on Monday: Land of Lincoln Legal Assistance Foundation

They may or may not be able to connect you with an attorney on the phone. They may ask you to come into a legal clinic. Keep in mind that they want to help you. When you meet with an attorney or go in to a clinic, bring ALL of your paperwork with you, starting with the original divorce decree or child-support order, and everything since then.

Good luck.
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Thank you so very much. I will go into this office the very first thing Monday Morning.

I have the divorce decree, I also have the judges order closing this case. Along with the 13 months of over payments receipts. I also have paper work showing the case was reopened.

The state needs to pay for what they have put my wife and I through because of this child support and pay big time. They put us through hell.
 
Don't get your hopes set on making the state pay. You're unlikely to get money damages from a state agency unless there's a specific statute allowing it. However , depending on your state's law, the child support agency might have to help you recover any over payments to your ex wife. But please read your divorce decree and support orders carefully. Some extend the child support obligation beyond 18 years old in certain circumstances, such as the child still being in school.
 
Lindberg said:
Don't get your hopes set on making the state pay. You're unlikely to get money damages from a state agency unless there's a specific statute allowing it. However , depending on your state's law, the child support agency might have to help you recover any over payments to your ex wife. But please read your divorce decree and support orders carefully. Some extend the child support obligation beyond 18 years old in certain circumstances, such as the child still being in school.
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Thanks for the comment.

My daughter was out of the house at 18.

I have papers that show this stopped in 2005. I also have all the receipts showing I was never behind in support.

I then have papers saying in 2010 I owed 4056 bucks. In 2008 its at 6000 bucks. All this time they are taking child support from my disability check.

We had our bank accounts frozen at least 5 times. Sent to collections, made our life hell. If the state does not have to pay for these actions what is keeping them from ding this to everyone?

I am fighting this for all I have. I am still to this day paying child support. My daughter has kids of her own. I have grand kids from ny daughter and still paying her mother child support.

I should be compensated for all the hell my wife and I have gone through.

I can not forget every tax return for the past 20 years has gone to my x.

I also must state I raised our son and she raised our daughter. The judge would not award me child support for he said it was my job to provide and that I would be paying for my daughter. So my son did without so I could pay my x-wife child support while our son did without. That is our justice system.

My son was 10 and my daughter was 7 at the time

When I became disabled my son had turned 18. My daughter was still a minor. She received a $10,000 check. My son again got nothing.
 
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1600vw said:
I then have papers saying in 2010 I owed 4056 bucks. In 2008 its at 6000 bucks. All this time they are taking child support from my disability check.

We had our bank accounts frozen at least 5 times. Sent to collections, made our life hell. If the state does not have to pay for these actions what is keeping them from ding this to everyone?

I am fighting this for all I have. I am still to this day paying child support. My daughter has kids of her own. I have grand kids from ny daughter and still paying her mother child support.

I should be compensated for all the hell my wife and I have gone through.

I can not forget every tax return for the past 20 years has gone to my x.
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This all sounds like you had an arrearage, or at least someone thought you did. Your tax return should only be intercepted to pay past due child support, not current payments. Same with garnishing your bank accounts.

There's a maximum percentage they can take out of each of your checks because the idea is not to impoverish you via garnishment, and if that percentage amounts to less than your full payment, you will run behind. If that happens, you will have to keep paying until the full ordered amount is paid off, even if there are no more current payments due.

To give an example, if a child is 13, and you are ordered to pay support at $1,000/mo until she is 18, if you only pay $500/mo, you've only paid $30,000 (half your obligation) by the time she's 18. You will still owe $30,000, even though the continuing obligation will have ended. The slate does not get wiped clean on the child's 18th birthday. Our former AG made it his mission to go after back support obligations and collected millions in past-due child support for moms even after their kids were grown. The obligation never goes away.

I don't know if that is what happened in your situation, but something to think about. This is something that can only be figured out by looking at your orders and statements from the child-support agency.
 
I have paper work that shows in 2005 when the judge ordered this stopped I was paid in full.

In 2006 when someone reopened the case now I am one year behind. The states attorney saw this or the lady in the office on the phone with me saw this. She was very upset.

Because I had no income until 2007 for it was then I was awarded disability I was now two years behind in child support. Even though it was ordered stopped in 2005. but because someone reopened the case now I am behind.

Then in 2007 my daughter gets a check for 10 grand that goes back to 2002. for now my daughter was in her 20's. If they would not have gone back to 2002 she would have got nothing. So she received 10 grand to cover my child support from 2002 until 2005 when she became an adult.

This si so screwed up and I have gone through hell and still going through hell. This needs to stop. I never owed nothing i always paid my support.

As to how much can be taken from ones check. They would take over 3/4 of my pay check and leave me 25 bucks. I made 25 bucks for two weeks. This happened a lot. My employer the city of Springfield at the time was doing this. I went in and tried to have this stopped. I kept telling the lady who did payroll she could not take all my paycheck it was against the law. She said sue her that I was a dead beat and deserve to take care of my child. I wanted to scream.

I have gone through hell.
 
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Kill the ex-*****, go to prison, all your problems paid for ... even your back. <jk>

Good luck.
 
We found some papers that state from 2005 - 2010 I paid 10,000 in child support. This is counting tax with holdings. But not counting the 10 grand check my daughter received from disability.

We also found eight different times I went to court between 2007-2010 trying to get this to stop.

I am still paying today. Killing the x does nothing. Its not the x who is doing this. It's the state.

The state should pay big time. I am not stopping until they do. I have nothing better to do then fight this fight.

Tony
 
1600vw said:
The state should pay big time. I am not stopping until they do. I have nothing better to do then fight this fight.

Tony
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Good luck with that.

I thought you were busy trying to get your medical issue straight? Either way, I can't imagine wanting to air one's personal laundry on a public forum. You need a professional; not random comments from SGOTI.
 
Brad Z said:
Good luck with that.

I thought you were busy trying to get your medical issue straight? Either way, I can't imagine wanting to air one's personal laundry on a public forum. You need a professional; not random comments from SGOTI.
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A lot of single fathers go through this or something like it. More need to know this happens.

I must fight the fights that come. My health has been a fight I have been fighting for a long time. its an ongoing battle. Should I ignore this until...when? I have ignored this long enough because of health issues.

Single fathers get a raw deal. Plain and simple. I need some help. Maybe someone will see this and decide to help and not be sarcastic.

Tony
 
Tony,

What does it show the monthly payments to be? Does that 10,000 in 5 years cover it? I can't imagine your child support requirement was only 2,000 a year.
 
Thing is in 2005 the case was closed. I owed 48 bucks and paid it in full at the time it was closed. I have all the paper work showing this. Then a year later it all starts again. I did not know someone reopened the case. It was the states attorney's office who told me this. They said someone went against a judges order.
 
1600vw said:
$34.70 a month.

Tony
Click to expand...

at that cost you should have only paid approx 2,000 in 5 years. I imagine you will need a good advocate to help you read and verify stuff. I would recommend you check into the guy that was recommended to you earlier.

Good luck with all your adventures Tony!
 
In 2008 or so my bank account starts being frozen. I go to the courts and file a motion. I go before the judge. All they keep saying is I owe child support. I kept saying no I do not. I did not understand until a week ago why this was happening. Someone reopened my case. I filed for motions to modify at least 8 times trying to straighten this out. I have all the motions I have filed. the state of Illinois has screwed me and screwed me big time.
 
Flymeariver said:
at that cost you should have only paid approx 2,000 in 5 years. I imagine you will need a good advocate to help you read and verify stuff. I would recommend you check into the guy that was recommended to you earlier.

Good luck with all your adventures Tony!
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Yes I am going to contact those people. I can not thank you all enough.

Child support from Hell. Illinois had a big problem with child support and how they had it all screwed up. If I remember correctly Illinois had to pay a few people for how they screwed them in collecting child support that was not owed. This was maybe five years ago. I believe I will be one that they will be paying. I am not stopping until I get justice, if I must fight the fight myself. But help would be nice.

Thanks again.

Tony
 
Former State Resident Given Formal Apology by Illinois Division of Child Support Enforcement.
by Amanda Wilson
The Illinois State Supreme Court has ordered Guy Hastings, Director of Child Support Enforcement, to send a formal letter of apology to a former Illinois state resident who was forced to pay $9000 more in support than ordered. Paul Laird, now a resident of Washington state and a former resident of Strasburg, IL, has said he will make a written statement in a few days. The Court also ordered DCSE to pay him almost $150,000 in punitive damages.
The pertinent facts are not in dispute. Mr. Laird was ordered to pay $400/mo in child support in 1985. Kankakee County records indicate Mr. Laird had voluntarily overpaid his account by May, 1991. That is when his troubles started.
Mr. Laird was forced to take a medical leave of absence due to Multiple Sclerosis. He presented Illinois DCSE doctor statements and 7 requests for temporary reduction from November 1991 through May, 1993. He was never answered by Illinois DCSE and they now admit that he did send the request and that those requests were ignored. They also admit Mr. Laird never missed a payment.
A suit was filed by DCSE in November, 1993 to modify the child support award. Mr. Laird was never notified of this hearing. The department received a default judgment increasing the support amount to $800. DCSE admits Mr. Laird was never notified of the new amount.
The amount was reduced in 1996 back to the original $400 figure. DCSE continued to count the extra $400 from November 1993 to October, 1996 as child support arrears. They garnished his wages, filed liens against him, reported him to credit bureaus and continue collection thought taking his IRS refunds. Mr. Laird filed suit in 1996 against DCSE and specific employees within that agency. The Appellate Court awarded him almost $60,000 in January, 1998. That judgment has been paid.
The State's Attorney of Champaign County filed charges of malfesciance of office against three DCSE employees - Karen Breaker, Linda Richardson, and Barbara McCloud. Breaker and Richardson were also tried on perjury, falsifiction of records, and theft. McCloud was found not guilty in November, 1998. Breaker plead guilty to the charge of perjury and falsification in a plea bargain. Ms. Richardson was found guilty on all counts and sentenced to 18 months in prison. All three lost their jobs with
Illinois DCSE.
This is only the first of 8 cases against the Champaign office. In the most recent case a custodial mother received child support payments 9 months after the father made payments through the court. The father in this case was prosecuted for non-payment and was found not guilty when he presented receipts and cancelled checks. A check by the Auditor's office revealed a practice by the Champaign office of putting support checks in a hidden fund to draw interest for the state. That case has been merged with 7 others in a class action lawsuit. It is scheduled to be heard in April, 2000.
Governor Ryan and his cabinet were unavailable for comment. This reporter has verified that the governor urged DCSE to settle this case out-of-court and that Mr. Hastings refused. DCSE director Hastings also had no comment.
Because the state was found to have acted fraudulently in his case, the Supreme Court had to rule on punitive damages.
 
150,000 is not enough for all the years of heart ache my wife and I have gone through. I want 1/4 million at the very least.

Tony
 
1600vw said:
150,000 is not enough for all the years of heart ache my wife and I have gone through. I want 1/4 million at the very least.

Tony
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Who do you expect to come up with $250,000 to pay you for your "suffering"?
 
The same people who paid the man in the statement I posted above. Why would I not deserve to be paid for my suffering. I became homeless and walked the streets for over a year because my bank account kept being frozen. If you do not like that people like this get compensated for crimes against them. Wait until the crime is against you.

Tony
 
But the very people responsible for the mistake will not be the one's paying you $250K for it.

It will be your neighbors, citizens, and friends. Working people.

The sorry lot in life won't be paying a nickel. Neither will the beaurocrats.
 
txflyer said:
But the very people responsible for the mistake will not be the one's paying you $250K for it.

It will be your neighbors, citizens, and friends. Working people.

The sorry lot in life won't be paying a nickel. Neither will the beaurocrats.
Click to expand...


What you get when the government screws a citizen.

Tony
 
http://fathersforlife.org/famlaw/laird.htm

I think that's where you copied / pasted from.

That case involved perjury, stupidity, and malfeasance, and went all the way to the state supreme court. It was also specific to the Champaign office and was settled over 15 years ago.

Seems to be a bit of a unicorn.
 
ChrisK said:
http://fathersforlife.org/famlaw/laird.htm

I think that's where you copied / pasted from.

That case involved perjury, stupidity, and malfeasance, and went all the way to the state supreme court. It was also specific to the Champaign office and was settled over 15 years ago.

Seems to be a bit of a unicorn.
Click to expand...

Says you..I see it as setting precedent.
 
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