babybaxs
New
Reged: 10/19/06
Posts: 2
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My ex husband is out of work getting a check from workmans comp. I just got a letter from his attorney saying they are going to stop support until if or when he goes back to work. The attorneys i have talked to says this is a good possibility even though there is a body attachment out on him and they have suspended his drivers license for failure to pay child support and on top of it he can still see his kids HELP!!!
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jersey girl
Platinum
Reged: 08/07/06
Posts: 1511
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Seeing the kids is not tied to child support and if you try to tie them together in court, you are considered very negatively.
If your ex is getting support, then you are still owed a % of the amount per IL law.
The court is not going to act until a motion is granted. It will be reduced. You will then need to go back for the state % when he goes back to work.
Suggest you ask the lawyer to ask for the % by law plus the amount for child care which should get you back close to what you get now.
Unfortunately, I was told that no one acts in IL until it is 6 mos old.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3098
Loc: Colorado
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If a parent wants to be a deadbeat badly enough to essentially commit financial suicide, then there's really not much you can do.
And yes he does have a right to see his children. Even though he's broke, he's still their father.
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infinity386
Gold
Reged: 02/24/08
Posts: 124
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"If a parent wants to be a deadbeat badly enough to essentially commit financial suicide, then there's really not much you can do."
for most of us, our finances were destroyed the instant we're dragged to court. Actually some people do it just to see that the other parent never have anything in life.
Edited by infinity386 (02/24/08 03:28 AM)
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WolRon
Platinum
Reged: 01/16/08
Posts: 255
Loc: MN, USA
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"and on top of it he can still see his kids HELP!!!"
You're damn right he still can see his kids. Don't you dare do that to him. You wouldn't want that done to YOU, if he was the primary careholder and you were on unemployment.
2 wrongs don't make a right. It's not fair to him, and it's certainly not fair to your children.
...
Unless he's permanantly disabled, what's the problem? He'll have to get a job again eventually. In the meantime, you should make sure that you aren't dependent on his CS payments. This is good for you AND your kids. I don't know your custody situation but odds are you can still work a full time job (if you aren't). There are plenty of single parents out there that manage to raise there children and work full time jobs at the same time.
--------------------
I didn't get married to pay CS later in life.
http://home.cmit.net/rwolbeck/childsupport
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