Child Support nightmare from hell.

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alfadog said:
Another situation that reminds me that I have nothing to complain about. I seem to be coming across a lot of them lately. Good luck taking care of this issue.
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Also a reminder that you have to pay attention to those statements that come in the mail or over the internet and not let things fester.
 
PaulS said:
Also a reminder that you have to pay attention to those statements that come in the mail or over the internet and not let things fester.
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Well, that's another reminder that I, for one, certainly need.
 
PaulS said:
Also a reminder that you have to pay attention to those statements that come in the mail or over the internet and not let things fester.
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After receiving those 13 months of over payment checks I thought this was all over. Every year around the time statements come in I am bed ridden. Others handled my mail and such. Only in the past couple years have I been doing somewhat better. Last year I do not even remember getting this statement. This year I got it. When I saw child support was coming out of my check still to this day, I know my blood pressure went up over 200. I wanted to scream, in fact I did scream and yell.

Then when I called and could get nothing done about this. Talk about stress.

But you are right, I should have been on this and knew what was coming out of that SS check yearly. I learned a lot or big lessen here.

Thanks for all the comments.
 
In my experience, it is difficult to impossible to get a government agency to admit a mistake, and you are unlikely to recover any of the overpayments unless they do. I still think you need a good lawyer and some patience, and luck.
 
Mason said:
In my experience, it is difficult to impossible to get a government agency to admit a mistake, and you are unlikely to recover any of the overpayments unless they do. I still think you need a good lawyer and some patience, and luck.
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He needs a BOAT load of luck.....
 
Mason said:
In my experience, it is difficult to impossible to get a government agency to admit a mistake, and you are unlikely to recover any of the overpayments unless they do. I still think you need a good lawyer and some patience, and luck.
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I have all three so I am good to go. I bet Paul Laird heard all this too.
 
For those who do not know who Paul Laird is:

The Herald-Review (Decatur IL, USA)
21 February 1999 Former State Resident Given Formal Apology by Illinois Division of Child Support Enforcement.
by Amanda Wilson
The Illinois State Supreme Court has ordered Guy Hastings, Director of Child Support Enforcement, to send a formal letter of apology to a former Illinois state resident who was forced to pay $9000 more in support than ordered. Paul Laird, now a resident of Washington state and a former resident of Strasburg, IL, has said he will make a written statement in a few days. The Court also ordered DCSE to pay him almost $150,000 in punitive damages.
The pertinent facts are not in dispute. Mr. Laird was ordered to pay $400/mo in child support in 1985. Kankakee County records indicate Mr. Laird had voluntarily overpaid his account by May, 1991. That is when his troubles started.
Mr. Laird was forced to take a medical leave of absence due to Multiple Sclerosis. He presented Illinois DCSE doctor statements and 7 requests for temporary reduction from November 1991 through May, 1993. He was never answered by Illinois DCSE and they now admit that he did send the request and that those requests were ignored. They also admit Mr. Laird never missed a payment.
A suit was filed by DCSE in November, 1993 to modify the child support award. Mr. Laird was never notified of this hearing. The department received a default judgment increasing the support amount to $800. DCSE admits Mr. Laird was never notified of the new amount.
The amount was reduced in 1996 back to the original $400 figure. DCSE continued to count the extra $400 from November 1993 to October, 1996 as child support arrears. They garnished his wages, filed liens against him, reported him to credit bureaus and continue collection thought taking his IRS refunds. Mr. Laird filed suit in 1996 against DCSE and specific employees within that agency. The Appellate Court awarded him almost $60,000 in January, 1998. That judgment has been paid.
The State's Attorney of Champaign County filed charges of malfesciance of office against three DCSE employees - Karen Breaker, Linda Richardson, and Barbara McCloud. Breaker and Richardson were also tried on perjury, falsifiction of records, and theft. McCloud was found not guilty in November, 1998. Breaker plead guilty to the charge of perjury and falsification in a plea bargain. Ms. Richardson was found guilty on all counts and sentenced to 18 months in prison. All three lost their jobs with
Illinois DCSE.
This is only the first of 8 cases against the Champaign office. In the most recent case a custodial mother received child support payments 9 months after the father made payments through the court. The father in this case was prosecuted for non-payment and was found not guilty when he presented receipts and cancelled checks. A check by the Auditor's office revealed a practice by the Champaign office of putting support checks in a hidden fund to draw interest for the state. That case has been merged with 7 others in a class action lawsuit. It is scheduled to be heard in April, 2000.
Governor Ryan and his cabinet were unavailable for comment. This reporter has verified that the governor urged DCSE to settle this case out-of-court and that Mr. Hastings refused. DCSE director Hastings also had no comment.
Because the state was found to have acted fraudulently in his case, the Supreme Court had to rule on punitive damages.
 
1600vw said:
The Attorney was looking over my file she said. Why did they call you into court six months after your divorce and tack on 20 grand to your child support? I told her I forgot about that and that I raised yeck when that happened. But no one would listen. It was my dad's support to be paid to my mother. The state tacked that onto my child support. Its a long story how this happened and why but it did indeed happen. No one would listen when I told them this was happening. She saw this. She could not believe this either. It sounds like science fiction but I am living it. She said something very shady is going on here. I hope they take this case. But if they don't I am not giving up. I am fighting this with all I have.
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This gets weirder and weirder.

How the hell did you "forget" about A $20k BILL? Weren't you represented during the divorce? You just let it lie after "raising yeck"? Holy crap man, I think you are your own worst enemy.
 
paflyer said:
This gets weirder and weirder.

How the hell did you "forget" about A $20k BILL? Weren't you represented during the divorce? You just let it lie after "raising yeck"? Holy crap man, I think you are your own worst enemy.
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I tried to explain I did not owe this. Then after they socked me with this my employer started taking more of a % out of my check then they where allowed. I went into the office and had a really nice conversation about this. I showed the lady doing this, that on the back of the check it states the amount she could deducted from my pay. She said if I did not like it to bad and sue her. I am a dead beat and need to pay my child support. I had to take another job to put food on the table for my 10 year old who I was raising. I worked from 4 am until 12 midnight 7 days a week for over 10 years to pay this debt.

I spent what little free time I had going to court trying to correct this. I tried more times to correct this then I can remember. Its all in the docket. I had to stop for it was fight child support or go hungry. I can starve. My son could not.

I moved away and took a job making more money. The state of IL. still took so much money from me that we lived in a one bedroom apartment. I slept in the living room and let my son have the bedroom. We have gone through hell paying a debt I did not owe. No one would listen.

Then I become very ill. I now spend the next ten years either in bed or the hospital. When one is fighting for ones live one seems to not care to much about money matters.

But they are listening today. For today I have nothing but time to fight this. I do not have a little boy to worry about, I can focus on this. I also had the States attorney tell me a lot. She was really upset when she saw this case or I called her. But I really do not need any one to tel me anything about this case. I have all the proof. I just needed someone to fight the court system. I have that now.
 
The really sad thing is we the taxpayers can't go after the people who did it. If you were to win punitive damages, the taxpayer pays it. Sigh.
 
denverpilot said:
The really sad thing is we the taxpayers can't go after the people who did it. If you were to win punitive damages, the taxpayer pays it. Sigh.
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Yea you are correct, its the tax payer who is getting screwed here. :rofl: :mad2:
 
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I am now paying myself....

PayeeDateCheck NumberAmountTypePayor SWEET HAROLD A 02/03/2016 26329968 $8.67 SDU HAROLD A. SWEET SWEET HAROLD A 02/03/2016 26329968 $26.03 SDU HAROLD A. SWEET $54.50 PMT HAROLD A. SWEET $9.50 PMT HAROLD A. SWEET
 
I am not sure what happened to the above post. But that was not how it looked when I copied and pasted it. Nothing like that. I tried to correct or edit it and I get an error. 404 not found

I can edit any other post but not that one. I just edited this post. Well heck..
 
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This is what I am being told by the attorney..

[FONT=&quot]Mr. Sweet, [/FONT]

[FONT=&quot]I agreed to take your case related to potential post judgment dissolution action to terminate child support. At our initial consultation, we discussed the fact that the timeliness of filing a motion to vacate. We also discussed that you likely did not have a cause of action against the State of Illinois. As it relates to the judiciary, the court has full immunity for the orders it enters. As for the allegations below related to the Park District as your employer, the statute provides timelines for actions against a employer who is withholding pursuant to a withholding order. In sum, you likely are barred from filing an action against the Park District.[/FONT]

[FONT=&quot]We previously discussed filing a claim against your ex-wife for reimbursement of the amount wrongfully paid to her. This action is civil in nature. As we discussed, if she has no assets and no income, the action may not be cost-justified. However, you have a right to file suit, if you wish to pursue a judgment against her. If you wish to speak to a criminal attorney regarding your other allegations which are criminal in nature, I can give you the names of attorneys who practice in that area.[/FONT]

[FONT=&quot]Please advise whether you wish to file a civil suit against your wife to attempt to recover the amount paid to her related to your father’s child support. [/FONT]


 
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My interpretation, in 25 words or less: "It's too late to do anything about the withholding that shouldn't have been done. And you can't squeeze blood from a turnip."
 
1600vw said:
Who gives a rats as#.....I seem to be getting screwed no matter what.
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Attorney client privilege can be waived. And there's definitely stiff in the email I wouldn't want a client disclosing I said. But it's your privilege, so waive it if you want.
 
Tony, you got screwed years ago and unfortunately spread your cheeks for it when you let it go on and on. Sounds like you are too late, probably should let it go unless the ex won the lottery.

Might be time to move on.
 
PaulS said:
Tony, you got screwed years ago and unfortunately spread your cheeks for it when you let it go on and on. Sounds like you are too late, probably should let it go unless the ex won the lottery.

Might be time to move on.
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Well said and just what I was thinking.. Tony for your own good at this point I would listen to what Paul said..
Good luck..
 
Maybe a judgement aginst the ex just to make sure anything in the future gets back to him?
 
PaulS said:
Tony, you got screwed years ago and unfortunately spread your cheeks for it when you let it go on and on. Sounds like you are too late, probably should let it go unless the ex won the lottery.

Might be time to move on.
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Yes says you. I did the best I could trying to raise a 10 year old and work two jobs working 19 hours a day to pay this. I tried to fight this on what little free time I had. I did not let anything go. It's in the docket showing how many times I tried to stop this. The courts would not listen. I had to feed my child. They took every penny I had. I did the best I could then I became ill.

I will fight this even if it kills me fighting this. What do I have to loose....
 
1600vw said:
I will fight this even if it kills me fighting this. What do I have to loose....
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Your sanity. Your health. Your peace of mind.

Be careful. Sometimes the monetary loss and the inability to recover it leads to much worse losses.
 
I just received an e-mail from Fathers rights. They are going to call me tomorrow afternoon.
 
denverpilot said:
Your sanity. Your health. Your peace of mind.

Be careful. Sometimes the monetary loss and the inability to recover it leads to much worse losses.
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Nate is correct......

Since the courts basically said they are immune to their screw ups,,, Ie Immunity.... They "should be very receptive to granting you a judgement, since that relives their liability and puts it on the Ex... Should not cost too much in legal fees and saddles the Ex with a lifetime judgement....

Suppose she actually hits the lottery....;)......:wink2:
 
1600vw said:
Yes says you. I did the best I could trying to raise a 10 year old and work two jobs working 19 hours a day to pay this. I tried to fight this on what little free time I had. I did not let anything go. It's in the docket showing how many times I tried to stop this. The courts would not listen. I had to feed my child. They took every penny I had. I did the best I could then I became ill.

I will fight this even if it kills me fighting this. What do I have to loose....
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Tony, don't take what I said the wrong way, it's just the way it happened, the time to fight was when this started, for whatever reason you didn't or you couldn't, it sounds like it's too late now.

You need to look at the payout versus the return here. What I read is that the government and your employer, the ones with the deep pockets, are untouchable in your case. You can take action against your ex, but if she has no money you'll never get anything, meanwhile you'll be out thousands, if not tens of thousands paying for a lawsuit. If she has no money then even if you win, you lose.

Sometimes it's better just to fold them and move on with your life.
 
I look at it differant. If a ex took me to the cleaners wrongfully I would get a judgement against her. I think the differance is I have the means to do so.
 
Child support enforcement has been taking from me up until just a couple weeks ago, but I waited to long?
 
There have been plenty of cases where men have been forced to pay for child support, even when they have been able to prove they are not the father. All because they waited too long.

If you are wondering about the "waited too long part", it's simple. Ask your lawyer for more explanation about the letter she already sent. "You said there are limits, can you give me specifics?"
 
Matthew said:
There have been plenty of cases where men have been forced to pay for child support, even when they have been able to prove they are not the father. All because they waited too long.

If you are wondering about the "waited too long part", it's simple. Ask your lawyer for more explanation about the letter she already sent. "You said there are limits, can you give me specifics?"
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I never claimed no such limits. The only thing I know about any limits was when sitting with this attorney. She spoke how certain things have to be done in a timely manner but this did not apply here.

I am still waiting on the call from the Fathers Rights Group. I could see if I would have waited 15 years after making any payments then wanting something done about it. How that would not be very effective. But this is an ongoing thing happening right now. Not something I have dug up from the past. Its not my fault I had to work two jobs and could only afford to fight this on what little free time I could get. While trying to raise a child and see my daughter every weekend. I am threatened with jail time just a few weeks ago from child support enforcement until they finally realized they screwed up. But they can threatened me but nothing happens to anyone else. I call Bull Sh*t to this.

I will sell every thing I own to fight this. I will go homeless if needed. I did it before and will do it again. At least this time I do not have a broken back.

This is a fight I will win. How can I not. I did nothing wrong, but many others did a lot wrong.

I was told it would take an attorney not from this area to fight this and that no local attorney will want to do it or fight this fight. I am finding this to be true.

Also imagine what I have gone through to get this far. Just imagine for one min back when this was happening. No one would listen. Hel# I could not get anyone to listen today and I had all the proof. Just imagine what I was going through back then. He#l I tell you.
 
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You have no idea how many times I heard I was a dead beat no good lousy father for being behind in my support like I was. This was always from my employer. Anywhere I was hired I would get called into the office and the ladies always said this. I tried to explain what was happening and they all acted like everyone here. Laughed in my face. They would also take more then the % allowed by law from my check. Many many times I would come home with a 25 dollar for a two week paycheck. The lady who wrights the checks told me to sue her if I did not like it. I had so many fights going on when did I have time between two jobs. I worked from 4am until 12 am 7 days a week to keep food on the table and a roof over my son's head. No one helped me. What little time I had I was fighting child support. I went in for motions to modify so many times they stopped excepting the forums from me. Think I am Pis#ed. You have no idea.
 
1600vw said:
I never claimed no such limits. The only thing I know about any limits was when sitting with this attorney. She spoke how certain things have to be done in a timely manner but this did not apply here.
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I guess I wasn't clear in my post:

I didn't mean to imply that YOU said there were time limits, I meant that your ATTORNEY said there were time limits.

Ask her to be specific: 1) what are the limits, 2) when did they start, 3) why have they expired when I have been trying since xxx to clear this up?

These answers won't fix anything but they might help you understand what happened, how, and why.
 
I think the OP is going to "stroke out" if he keeps this up.

After all the awful things your ex has done to you, now you're going to let her give you a heart attack over the issue. Try meditation and focus on something else.

An attorney is trying to tell you not to spend money on them. That should tell you something.
 
1600vw said:
I never claimed no such limits. The only thing I know about any limits was when sitting with this attorney. She spoke how certain things have to be done in a timely manner but this did not apply here.

I am still waiting on the call from the Fathers Rights Group. I could see if I would have waited 15 years after making any payments then wanting something done about it. How that would not be very effective. But this is an ongoing thing happening right now. Not something I have dug up from the past. Its not my fault I had to work two jobs and could only afford to fight this on what little free time I could get. While trying to raise a child and see my daughter every weekend. I am threatened with jail time just a few weeks ago from child support enforcement until they finally realized they screwed up. But they can threatened me but nothing happens to anyone else. I call Bull Sh*t to this.

I will sell every thing I own to fight this. I will go homeless if needed. I did it before and will do it again. At least this time I do not have a broken back.

This is a fight I will win. How can I not. I did nothing wrong, but many others did a lot wrong.

I was told it would take an attorney not from this area to fight this and that no local attorney will want to do it or fight this fight. I am finding this to be true.

Also imagine what I have gone through to get this far. Just imagine for one min back when this was happening. No one would listen. Hel# I could not get anyone to listen today and I had all the proof. Just imagine what I was going through back then. He#l I tell you.
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Personally, I would have let them arrest me and throw me in jail.....

Then when you actually produce the documents you claim to have. Not only would it show your issue is currently going on, but... You have a lot better case for damages from the agency....
 
The thing that is being over looked here, the courts ordered this case closed in 2005 with no arrears owed. Then in 2006 someone reopens this case and all my hell starts all over. How the state can not be held accountable for doing this to me is beyond me.
 
1600vw said:
The thing that is being over looked here, the courts ordered this case closed in 2005 with no arrears owed. Then in 2006 someone reopens this case and all my hell starts all over. How the state can not be held accountable for doing this to me is beyond me.
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Why didn't you have this conversation with an attorney 10 years ago?
 
Brad Z said:
Why didn't you have this conversation with an attorney 10 years ago?
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I tried many times to modify or rectify this. Again I went to court or filed so many motions that the courts stopped taking the motions. Its all in the docket. Then when the over payment checks started coming for over a year I thought this was all over. I also received the letter in 2010 saying I only owed 48 bucks. But that was not correct for I owed nothing in 2005. You must also remember I have been in real bad health. At this time I spend many many times in ICU for weeks at a time. That to is all on record.
 
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