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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18387
Experience:  B.A.; M.B.A.; J.D.
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I am in IL and I have paid child support for 7 years under

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I am in IL and I have paid child support for 7 years under the current court order. I recently switched jobs and the new employer got my child support order but it has raised. I have received no explonation of why this has happened. I contacted my Ex spouse and she says she has no clue either but then later in the conversation she said the State does random audits and she had to answer about when she received support and if any where missed. I know none where ever missed. I really can't trust what my ex spouse says as she has lied before. I think she requested a modification, is there a way to find out exactly is going on? I don't believe the random audit.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.


I am in IL and I have paid child support for 7 years under the current court order. I recently switched jobs and the new employer got my child support order but it has raised. I have received no explonation of why this has happened. I contacted my Ex spouse and she says she has no clue either but then later in the conversation she said the State does random audits and she had to answer about when she received support and if any where missed. I know none where ever missed. I really can't trust what my ex spouse says as she has lied before. I think she requested a modification, is there a way to find out exactly is going on? I don't believe the random audit.



Response: I have NEVER had such thing as “random audit” as a way to increase Child Support amount. The only way Child Support amount can be increased is if one of the parties or both of the parties requested the increase. Even if there is an arrearage, the amount would be different. That is, there should be two separate garnishment Orders: one for the regular Child Support and the other for the arrearage. Arrearage amount could be ordered if she filed contempt action against you for non-payment and the Court found you in contempt.


You need to go to the Courthouse where your initial Child Support Order was issued and ask for the docket and review it. You should also contact Child Support Enforcement Services to see if they may shed light on the matter. For more information, click here.


Customer: replied 3 years ago.


I contacted Child Support and was told there was an audit done. IN December 2004 our divorce became final and My Ex wife received direct deposit from me every 2 weeks for the amount of the child support. I even paid for 7 months prior to the divorce out of good faith for my children. In 2007 the Ex moved out of state and her attorney sent an order for support to be taken from my paycheck. Now after 6 1/2 years of paying on time throught the state disbursement center, I have now been told I am 27,000.00 behind for Dec.2004 to July 27,2006. The numbers dont add up so I was told I now owe interest. I was also told the only way this can be undone is for the ex wife to send the affadavit she received back stating she did receive this child support. All I know is am Sick and I work myself to death to pay my child support and then this happens. It is just all wrong!

Thank you for the clarification:




I contacted Child Support and was told there was an audit done. IN December 2004 our divorce became final and My Ex wife received direct deposit from me every 2 weeks for the amount of the child support. I even paid for 7 months prior to the divorce out of good faith for my children. In 2007 the Ex moved out of state and her attorney sent an order for support to be taken from my paycheck. Now after 6 1/2 years of paying on time throught the state disbursement center, I have now been told I am 27,000.00 behind for Dec.2004 to July 27,2006. The numbers dont add up so I was told I now owe interest. I was also told the only way this can be undone is for the ex wife to send the affadavit she received back stating she did receive this child support. All I know is am Sick and I work myself to death to pay my child support and then this happens. It is just all wrong!




Response: I am quite surprised that the State would do an audit without contacting the obligor the person paying for the support. In any event, if your ex does not provide the Affidavit as required, then you would need to file Complaint with the Court to force her to release the documents. You should also request for bank statements and cancelled checks from your bank showing the payments to assist the Court in ordering the Child Support Enforcement to adjust your obligation.

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