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Family Law Answers
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Category: Family Law
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Experience:  more than 16 years experience as an attorney - current family law litigation + mediation practice
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My ex husband is refusing to pay child support for my 17 yr

Resolved Question:

My ex husband is refusing to pay child support for my 17 yr old son because my son is spending more time with him now. Is this legal?
Submitted: 1 year ago.
Category: Family Law
Expert:  Family Law Answers replied 1 year ago.

Family Law Answers :

Hello and thanks for contacting Just Answer.


 


This is not necessarily illegal, but it can be contemptuous if the court makes a finding of contempt. You can file a motion for contempt against him for failing/refusing to pay the court ordered child support.

Family Law Answers :

He would need to file a motion to modify his child support obligation in order to reduce it so long as the court order is still valid. I'm assuming there is no provision in the current order allowing him to reduce his support as he has.

Family Law Answers :

I hope that this answers your question; if so, please provide me with a positive rating so that I may receive credit for answering. If not, please let me know how I can provide clarification. Thanks very much and I wish you the best he

Family Law Answers :

re.

Customer:

There is no provision for him to reduce the amount of child support. Can I ask that support be paid through the court system without getting an atty?

Family Law Answers :

If you are talking about wage garnishment, where his employer deducts the amount he owes you for child support from his paycheck and then sends the payment directly to you, yes you can ask for this. This would likely be ordered in your situation where he has fallen behind before, and it sounds like he is intentionally withholding part of it now. Although it is always better to have an attorney represent you in these types of situations because they are most familiar with the system, you are not required to have an attorney.

Customer:

The answer I received is very vague. Maybe my question was too. I was hoping to have an answer that would help me decide if I should hire an atty.

Family Law Answers :

Oh, I apologize. I do believe that this is something you could initially handle on your own so long as you are confident when you go into court. It is important to have notes on what you want to make sure to tell the court.

Family Law Answers :

If this is solely on child support issue, then it is more black and white than say something like a modification of parenting/custody.

Family Law Answers :

If the issue evolves into more than just him refusing to pay the court ordered child support, then you would want to have an attorney representing you because then it is not so black and white of an issue.

Customer:

Because he is not currently employed but is still receiving his full pay (severence) can I request that the court be the middleman so i dont have to go to court again for the same issue?

Family Law Answers : You can request that the court order that his severance pay be "garnished" do that the court would issue an order that his employer deduct the amount he owes you from his check or that you receive directly a percentage of his severance. Is this what you mean by "middle man" or do you mean something else?
Customer:

I was curious to know if he could be required to send payments through a service rather than garnish wages.

Family Law Answers : I believe that this website will be helpful for you.
Family Law Answers : www.illinoischildsupport.com
Customer:

Thank you i'll check it out.

Family Law Answers, Family Law Attorney
Category: Family Law
Satisfied Customers: 1266
Experience: more than 16 years experience as an attorney - current family law litigation + mediation practice
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