I was laid off from my job as a union residential carpenter in Illinois at the beginning of 2006, I started receiving unemployment benefits, during this time I continued to look for work a carpenter, or something within the same salary range. I was called back to work a couple times, but in September I was again unemployed and my benefits had been exhausted. The job market for my field of work has gone flat. In September I attempted to reduce Child support because I was not working and had no source of income. Before the court date I moved to Tennessee to look for work, after having no luck finding a job as a carpenter I took a job offer at a very reduced rate from my previous income ($1275 per month gross vs. $1000 per week gross as a carpenter).

My ex wife's attorney argued that I should be able to find a higher paying job since my ex had found a job 2 weeks after the company she worked for closed, I found out later she had applied for this new job 6 weeks before the company she worked for closed, and took the position 2 weeks after the closing. The job she found was less salary she had before, but is higher paying then my current income. He also argued that I went to a state where income is much less then in Illinois simply for the fact I have family there. Which to me was a good choice, because I would have not living expenses such rent, utilities etc. The judge agreed that I am capable of finding a higher paying job and would not reduce support.

I am not looking to reduce support forever, just to bring it in line with my current income. I am not underemployed by choice, it was something I had no control over and to me some source of income is better then none at all. And I still continue to look for work as a carpenter or another higher paying job.

We have 3 children together. Currently I am paying $160 per week in support, which is 32 percent of my disposable income as a carpenter after deductions. My current net income is 986.36 per month.
My employer is only able to deduct 50 percent of my take home pay for support which leaves me with an arrears every month.

To make matters worse, I also have 2 children with another women, who went through the Illinois Department of Public Aid and is represented by the attorney general.
She is getting $35 per week on one support order, this was reduced by a court order and is the minimum order that the judge will allow, something I can not understand since it is still above the state guidelines and there was no finding as to why he set this minimum. I was told by the attorney general this is the minimum the judge will set in any case he hears.
We also had a child in a different county where she is getting $60 per week. This case was supposed to be transfered by court order to the county the above order is located in.
I have attempted to consolidate these 2 cases into one based on the same mother and father since 2002 when the case from the other county was transfered to the county she lives in. Funny thing is no one could find this case until I was able to track it done this week. I put in another motion to consolidate again since I now have the actual case number, which was not known before since the counties do not use the same case numbers. I would like to be given credit for what I feel is an over payment of support to her. She had 2 orders for 20 percent of my net income vs. on order of 28 percent which is the state guideline for 2 children in Illinois

I am at wits end and very close to a nervous breakdown over all of this. Taking a lower paying job is not something I wanted to do but felt I needed to do. The way I felt after the court date for the case I first mentioned in this post, left me feeling belittled by everyone for stepping so low to take a job that paid me less then my previous income.

Does anyone have advice on how I should proceed?

I have attempted to consolidate these 2 cases into one based on the same mother and father since 2002 when the case from the other county was transfered to the county she lives in. Funny thing is no one could find this case until I was able to track it done this week. I put in another motion to consolidate again since I now have the actual case number, which was not known before since the counties do not use the same case numbers. I would like to be given credit for what I feel is an over payment of support to her. She had 2 orders for 20 percent of my net income vs. on order of 28 percent which is the state guideline for 2 children in Illinois


A little update on this case:

I went to the Will County courthouse where the order was supposed to be transfered to Cook County in 2002 to get copies of all orders related to the case in this county. I had attempted in December to reduce this order since no one could seem to find the case in Cook County where it should have been. The judge at that time agreed to reduce temporarily. Shortly after this order was entered, the mother was notified. I had attempted to notify her prior to the court date but the certified letter was returned. I did notify the IDPA and they where present representing her. She had the order to reduce vacated, and at the same time it was found that the order had in fact been transfered to the Cook County, and the judge had terminated original order from Will County, it seems the order in the Cook County covered both children.

This is what the order stated:

Order of 12/05/06 is vacated, as HFS withdrew as a party in the case on 2/19/02. and case was subsequently transfered to Cook County at that time.
Cook County order covers all children of the parties.
Child Support order in Will County (case number removed) is terminated in favor of the Cook County order.


Now since 2002 I have overpaid her in the amount of $14,968.20 on an order that was no longer valid.
Do I have any legal way to have this amount credited as overpayment?

you need to contact CSE and a lawyer quickly. This is going to get very tricky and be messy to straighten out.

I agree, you're going to need an attorney. Unfortunately it can be very difficult to get reimbursed for overpayments so an attorney is definately needed.

I agree, you're going to need an attorney. Unfortunately it can be very difficult to get reimbursed for overpayments so an attorney is definately needed.

I am beginning to realize this, but with limited income as it is now, I have no way to pay another attorney on this case. The attorney I hired for the other case I have with the ex wife to reduce support and fight a contempt charge failed in my opinion to do anything. In the last few days I have found more documented cases similar to my situation that had different outcome. To me she should have pushed the fact that my current income was not by choice. I asked her to file a motion to reconsider and she claims my retainer fee is exhausted plus I owe additional fees to her. One court date and pleadings she did not even enter prior to the date in court. She handed them to the judge and said I forgot to file these. And all the money I borrowed to pay her is gone, plus I owe more.

I could understand if I had quit my job, but being laid off was no choice. I even have a letter from my local union office in Illinois stating that I am currently a member in good standing since 1996 and stay in contact with them for work. Things have been slow for some time now, and we do not have any work for him.

This type of situations make me wonder how many "dead-beat dads/moms" have that title because of courts that allow this type of thing to go unchecked, orders being "lost" for X number of years and so on.

Thanks for the advice though I will see what I am able to do.

I am beginning to realize this, but with limited income as it is now, I have no way to pay another attorney on this case. The attorney I hired for the other case I have with the ex wife to reduce support and fight a contempt charge failed in my opinion to do anything. In the last few days I have found more documented cases similar to my situation that had different outcome. To me she should have pushed the fact that my current income was not by choice. I asked her to file a motion to reconsider and she claims my retainer fee is exhausted plus I owe additional fees to her. One court date and pleadings she did not even enter prior to the date in court. She handed them to the judge and said I forgot to file these. And all the money I borrowed to pay her is gone, plus I owe more.

I could understand if I had quit my job, but being laid off was no choice. I even have a letter from my local union office in Illinois stating that I am

This type of situations make me wonder how many "dead-beat dads/moms" have that title because of courts that allow this type of thing to go unchecked, orders being "lost" for X number of years and so on.

Thanks for the advice though I will see what I am able to do.

If you have no way of keeping your attorney you can file pro-se. You'll need to read all the applicable laws and research case laws, print all of them out and take them to court with you.

You are correct, there are alot of "deadbeat" parents who aren't actual deadbeats but are labled as that by the screw ups caused our "wonderful" (cough, cough) govt. agencies and Judges.

you could also look up fathers rights advocates. there are probably some atty's out there willing to take this on pro-bono or for lower fees or a pymt plan

you could also look up fathers rights advocates. there are probably some atty's out there willing to take this on pro-bono or for lower fees or a pymt plan

Thank you milspecgirl,

If anyone knows of an attorney that might do this pro-bono or on a payment plan please private message me, I do not know the rules for posting that information in the forum.