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NJ FamLaw
NJ FamLaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 517
Experience:  Admitted to NJ Bar
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I have been paying child support for my daughter for the past

Customer Question

I have been paying child support for my daughter for the past 14 years, but it didn't become court ordered until '03. I have done so without dispute or resistance. Yesterday, I found out that child support put a levy on my bank accounts for money that I wasn't even aware that I owed. I am not a "deadbeat dad", and I have been actively and financially involved in my child's life from the moment she came into the world. The child support case was filed because my daughters mom decided to file for public aid instead of working "on the books" at the time. I was never informed that I owed back child support, I was told by my lawyer that it was from the day of the judgement forward, not from the day she was born. Mind you, I raised my daughter by myself for almost the first 3 years of her life. How can I get the levy released so that I can pay my bills?
Submitted: 5 years ago.
Category: Family Law
Expert:  NJ FamLaw replied 5 years ago.
You likely need to have a consent order drafted between you and your ex indicating that there are no arrears and releasing the lien. The enforcement unit is a bureacracy which just enforces orders they have and does not look behind things. I doubt you will get anywhere with themand you should have better luck with your ex. Your other option is going to be filing a motion to have the levy released.
Customer: replied 5 years ago.
Thank you for your response. I just have one more question. How do I go about filing the motion to have the levy released and how long does it take? I have had to resign from my job due to an injury that I sustained on the job for which there is a workers comp case still in progress for. The money that they have the levy on is pretty much all the money that I have in the world, and I can't pay any of my bills or child support for that matter, because of it.
Expert:  NJ FamLaw replied 5 years ago.
Probably a month before your motion would be heard by the court unless you could be heard on an emergent basis (same day), which is questionable based on the economic nature of your relief, but possible. Bringing a consent order to the court would be the quickest thing, but that would require you having some level of communication and rapport with the ex.
NJ FamLaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 517
Experience: Admitted to NJ Bar
NJ FamLaw and 2 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you very much for your advice.
Expert:  NJ FamLaw replied 5 years ago.
Good luck
Customer: replied 5 years ago.
Where do I go to file the appeal? Or what is the process I must go through to file the appeal?
Expert:  NJ FamLaw replied 5 years ago.
What appeal?
Customer: replied 5 years ago.
I'm sorry, I meant to ask where do I go or how do I go about filing the motion to have the levy released from my bank accounts?
Expert:  NJ FamLaw replied 5 years ago.
sorry, I have been looking for an Illinois motion packet online for you and have not found one yet. I will look again today, but you may need to call your local circuit court and ask them if they have a pro we motion packet. The relief you need is the release of the child support levy. If I find it online, I will post again.
Expert:  NJ FamLaw replied 5 years ago.
You can find a fillable form for your motion here, http://www.lakecountyil.gov/CircuitClerk/Publications/County%20Forms/Notice%20of%20Motion.pdf

Good luck
Customer: replied 5 years ago.
I have one final question. I have gotten in touch with my daughter's mom, who says she was also unaware of any arrearage. She has agreed to do whatever it takes to have it removed. My question is, what are the steps that we have to take to have the arrearage removed?
Expert:  NJ FamLaw replied 5 years ago.
Draft an order that essentially states that the parties acknowledge and agree that you are paid in full on child support and that there are no current arrears. Also put in that the child support enforcement agency is listing arrears in error and that they are ordered to vacate all arrears as of the date of the agreement. Leave a line for both of you to sign in front of a notary, and a line for a judge to sign. After both of you sign, bring the signed order down to the courthouse to have the judge sign. Have both of you sign multiple copies in case the court loses one.

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