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Child support backpay and unemployment advice needed

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Latest post Wed, Aug 17 2016 3:36 PM by Drew. 3 replies.
  • Wed, Aug 17 2016 8:04 AM

    • tg123
      Consumer
    • Not Ranked
    • Joined on Wed, Aug 17 2016
    • IL
    • Posts 1

    Child support backpay and unemployment advice needed

    Hello,

    Been divorced over a year now. Have to pay 28% of income per month.

    I was paying that from sept 2015 to october 2015 then lost my job...

    I started unemployment in November 2015 through April 2016. I did not report this as i thought it was automatic. I know i owe back pay but with unemployment i was barely getting 1,000 a month.

    If i go to the child support at the court house can i get that reduced from back pay? is it too late?

    I went to school for CDL class A license from the state and have my license currently trying to get a job with that and just got one end of this June yet it is a 1099 not a w2 job. How does 1099 work with child support my hours are barely 40 a week and each week is different like this week i only work two days might get 20 hours.

    Would i deduct 28% from each weeks check as i get paid weekly on top of what i have to take out for taxes too since i have to pay my own taxes from pay?

    I have tried free consultation but it seems my ex wife has called all those numbers and once i give them my info i am told conflict of interest and cannot find advice anywhere. 

     

  • Wed, Aug 17 2016 8:57 AM In reply to

    Re: Child support backpay and unemployment advice needed

    tg123:
    If i go to the child support at the court house can i get that reduced from back pay? is it too late?

    I'm not a lawyer, but I'm pretty sure it's too late.  It's a general rule that court orders cannot be modified retroactively.  The change would only apply back to the date on which you filed for the change.  Therefore if you are currently making less money than you were when you reported your information for the original order, you should not delay applying for a modification now.

    tg123:
    I have tried free consultation but it seems my ex wife has called all those numbers and once i give them my info i am told conflict of interest and cannot find advice anywhere.

    Is Illinois Child Support Services currently involved in collecting your payments?  Doesn't sound like it, but if they are then I recommend asking them all your questions, and also beginning their process to request a modification ASAP.

    If the state is not currently involved in your case, or if their staff is unhelpful, all I can suggest is to try harder to find a lawyer who can help you.  Is there a nonprofit legal-aid organization in your area?  Maybe your ex didn't think to try them.  Or you might have to bite the bullet and pay for a consultation from a lawyer who doesn't provide them for free.

  • Wed, Aug 17 2016 9:10 AM In reply to

    Re: Child support backpay and unemployment advice needed

    Not quite sure what you're asking, but the court isn't going to retroactively reduce your child support obligation.

  • Wed, Aug 17 2016 3:36 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Child support backpay and unemployment advice needed

    It makes sense to petition for a reduction going forward is you expect future income to be lower than past income ...get started...change is NOT retroactive .

     

    Odds are your current order spells out a $ amount not a % ...clarify and repost? 



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