Petition For Adjudication of Indirect Civil Contempt

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Latest post 09-06-2007 4:36 PM by majesty. 0 replies.
  • 09-06-2007 4:36 PM

    • majesty
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    • Joined on 06-05-2007
    • CA
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    Question [=?] Petition For Adjudication of Indirect Civil Contempt

    The State of Illinois finally agreed to take my child support arrears case. (See message 8321 for details of my case in trying to collect arrears & interest going back 20 years). I live in California and the Illinois court date is later this month. The Petition states the following:

    Now comes the Illinois Department of Healthcare and family services by Lisa Madigan, Attorney General of the State of Illinois, and alleges upon information and belief.

    1. An order was entered on May 18, 1982 in Los Angeles County, California, for the payment of child support for (name of two children) in the amount of $500 per month. The order has been registered in this Court pursuant to 750 ILCS 22/60 et seq. The Court previously entered an enforcement order on July 20, 2007 which provided, in addition to the payment required by Los Angeles Country, California, for the payment of $00.00 per month on an arrearage of $113,050.00.

    2. (EX) has willfully and contemptuously failed to comply with the order and is in arrears $113,050.00 as of December 15, 2006 plus interest.

    3. The Department provides services under the Child Support Enforcement Program established by Title IV-D of the Social Security Act, 42 U.S.C. 651 and by Article 10 of the Public Aid Code, 305 ILCS 5/10-1 et seq.

    WHEREFORE the Illinois Department of Healthcare and Family Services prays:

    A. (EX) be ORDERED TO SHOW CAUSE why (EX) should not be held in indirect civil contempt for failure to obey the orders of the Court, that upon being found in contempt (EX) be confined in the country jail until contempt is purged and that (EX’s) Illinois driving privileges be suspended.

    B. The Court order all child support payments be made the State Disbursement Unit.

    C. The Court require (EX) to post security, bond, or guarantee sufficient to assure payment of the amount of support to come due within one year.

    D. The parties be ordered to provide information as required by law.

    E. The Court order the obligee or pubic office to prepare and serve an income withholding notice.

    F. For such other relief as may be just and proper.

    End

    After 20 years, it looks like I am now going to receive some justice. I have a few questions:

    1) Is the request for the EX to come up with a bond or security equal to one year’s payment a good faith deposit or an amount required to keep him out of jail? If he puts up cash instead, would I immediately receive this “good faith” deposit?

    2) The law allows garnishment of 55% or 65% of his monthly Pension and Social Security income. I believe that this is the only income he has, since he has supposedly been on disability for 20 years i.e., probably receiving income from his Pension disablity benefits. Is there any possibility that the State would not garnish his Pension plus his Social Security income for the full amount allowed by law, absent of the full payment of the $113,050 that he owes?

    3) If he hires an attorney, can they postpone the Court date, and how long can the EX drag this out.

    4) If he fails to show up for Court (leaves the country) will the court automatically issue the garnishment of his Pension and Social Security income?

    5) There is no request for me appear in Court. Am I correct o assume that any depositions or questions in the future would be handled via telephonic communications?

    6) Is they any reason that I should contact the State Attorney before the court date and/or travel to Illinois?

    By the way, I handled this Title IV paperwork/case myself. Appreciate any input from anyone else who has gone through this State to State Title IV process and how long it might be before I actually strart recieving the monthly payments.






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