QUESTION
I wasn't properly notified about a child support order, what should I do?
Asked on Sep 27th, 2015 on Child Custody - Illinois
More details to this question:
The mother of my kids and I separated. We had a court agreement, joint custody and I will direct deposit $ for diapers (what she wanted). I helped her and gave her more than what was agreed. 3 weeks ago, I found through my pay stub that child support is now being taken from my payroll. I was never notified by mail. or by her. She has my number and we live a block away from each other, she saw me every day and never told me of her plans. When I confronted her about it, she said "it's not my fault you don't check your mail. I found out there as a May 20th court day, and a continuance on July 31st with out me being properly notified. How long do I have to bring this case back to court. What are my options here. Thank you so much.
1 ANSWER
The law requires that mail be sent to your last known address. If the state did that there is a presumption that you were given proper notice. If you claim you did not receive the notice and there is a basis for the order being different (i.e. it is more than 20% of your net income) you have a basis to modify the order. If it is 20% of your income, you may have no basis to change the order, unless the child is living with you more than 50% of the time. The fact that you may have joint custody does not stop you from having to pay child support.
Answered on Oct 01st, 2015 at 11:59 AM