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Donald Erwin Ray
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Donald Ray’s Answers

136 total


  • When do you get child support if payments are made bi weekly?

    I have a court order which states my ex is make child support payments bi weekly. Does that mean I receive payments every two weeks? My ex states the payments are based on his pay period. He gets paid twice a month. He is always late too. I need ...

    Donald’s Answer

    If a proper Income Withholding form was prepared and served upon the employer you should end up with same amount each month.

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  • Can a non-custodial parent claim children on federal taxes when he owes back child support?

    The custodial parent has full custody of children per court order. He owes over $19,000.00 including interest. Order has been in place for 8 years. He has only paid continuously for a year and half.

    Donald’s Answer

    I suggest you read your court Orders. It is possible one of your orders provided language as to the use of the exemption. If it appears there is language that allocates the use of the exemption and it appears he technically could you should file a Motion to modify the Order. The results may vary between the three different Judges in Winnebago County but you are not hurting yourself by attempting to change the Order.

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  • They have been taking out child support but she hasnt been getting it and I keep gettin put in jail and they have $1,700.00 they

    they havent been giving it to her and I want to know wat to do

    Donald’s Answer

    Take a trip to the couthouse and ask the clerk on the 2nd floor to print for you a record of the payments received by the Illinois State Disbursement Unit. If the amounts taken from your check this year are not listed there may be a significant problem. There are multle rukes and penalties that may come into play whole keeping in mind your job security. It may be a good idea to consult with an experienced attorney in this narrow field.

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  • Child support order when changing jobs???

    I work at CVS currently they handle my child support order paying my ex out of my paycheck. I am thinking of taking an offer at another corporation, how do I get the old order switched to the new company and what about the in between time during ...

    Donald’s Answer

    The Income Withholding for Support document that the employer needs must be the current version. If the current version is not sent the employer is required to reject the form received. The version made available through the Federal Office of Child Support. This form has been made available for months. The catch is that it goes into effect July 1 2015.

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  • Will I get some of my exs settlement for child support?

    My daughters father and I used to get along very well and cop aren't together until he got a new girlfriend. He will barley talk to me and isn't the same. He told me previously I would get money from his work mans comp settlement but legally am I ...

    Donald’s Answer

    I wish it were different but you will receive nothing unless you take action or an attorney on your behalf. You are likely to receive payments for any past due amount he owes you as well. Do not call an attorney who handles more than Family Law.

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  • My ex husband wants to claim my kids every year on his taxes and keep what he gets back. Can he do that?

    Will a judge order him to give me half?

    Donald’s Answer

    Each o f the previous attorney answers which contain questions for you are right. I would add that if there is no provision in your Judgment/Marital Settlement Agreement regarding tax exemptions AND you have been designated as the primary care taker your request to claim the children on your return will eventually be honored.

    If your court papers are silent the IRS rules will control.

    Please follow this link, http://www.irs.gov/pub/irs-pdf/f8332.pdf which will provide your further guidance form the IRS. For sake of argument if you were awarded primary care of the children the only way he will end up with the credit with a court Order and IRS if you sign the IRS form 8332.

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  • Question about withholding

    So my ex has been late numerous times with child support and deciding not to drop it off and i want to go for withholding. I don't care if he was late a few times because that not a big deal but he done it numerous times where i ask him to drop i...

    Donald’s Answer

    Vernon Hills Mother - The process of withholding child support from a non custodial parents income through the payor is designed to be simple. Income withholding for support is a national program not just Illinois. The Illinois system is a mess.

    The law does allow you to handle this yourself without an attorney. The law also requires multiple steps of which are dependent upon each other and if done wrong the payor/employer is required to reject what is sent to them.

    Additionally you may barred from sending any documentation to have his wages garnished depending on the terms of the court order. It is the exception to the rule for him to pay you directly. If your child support Order was done correctly this issues must be addressed.

    I highly suggest you contact an experienced attorney to handle the first attempt at getting this done. At a minimum you will need to contact the www.ilsdu.com to register your case, obtain copy o f the court order, an accurate Income Withholding for Support form ( I will email you one for free, DO NOT USE THE FORM AT THE LAKE COUNTY COURTHOUSE / http://www.lakecountyil.gov/CircuitClerk/Publications/County%20Forms/Notice%20to%20Withhold%20Income%20for%20Support.pdf THIS FORM IS OUTDATED AND DOES NOT MEET FEDERAL GUIDELINES)

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  • I filed a Pro Se appearance and filed a Petition to Show Cause against ex-spouse who had failed to provide me with his pay

    Stubs and the proceeds for overtime earned for over 2 years , as stated in our Marital Settlement for the support of our minor child. He initially denied, but admitted to me recently that he works overtime everyday. He also just filed for bankrupt...

    Donald’s Answer

    The court will be required to take action which could benefit you based upon what formal requests were made in your pleadings filed. The Judge may understand your argument but the Judge's avenues to handle future proceedings to assist you are limited to your pleadings.
    In the event you filed a request to enforce the Order the Judge may "issue" a " rule to show cause" which would require your ex to respond your allegations. The response can be requested by you to be in writing and sent to you. On the next court date a hearing could be held. The hearing on his compliance not likely to happen at your first court date.

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  • How do I get back into court ASAP?

    My husband filed a petition to vacate a child support order that the judge made a few days ago. How do I get back into court on that petition? His petition does not have a date on it.... do I file a motion to get his petition in front of a judge?

    Donald’s Answer

    All the other attorney answers are accurate. I would take it one step further...and there is no cost for you. Each county courthouse has different ways of doing things so do not give up easily but I would consider personally appearing at the courthouse where your case is at and try to confirm with a clerk if there is or is not a court date set up. If the clerk reflects there is a date seek to have a copy made of the Notice filed setting the court date. There may be a small charge for the copy. You should appear on that date. It would not seem fair but if you do not appear the court could change the Order and in the long run cost you more to show how he tricked the system by not really telling you.

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  • House/Un-allocated Support

    My ex was awarded the house in our divorce. She had two years to get my name removed from the mortgage, she is unable to do that, knew she would be unable to do that from the beginning. Now 2 years later she stopped paying the 2nd mortgage, the ...

    Donald’s Answer

    The two year time frame seems unusual especially in conjunction with unallocated support. I agree with the others that some action by you through the court is your best option. You may want to consult with an attorney who specifically practices in the county your divorce was granted. It would be important to know the likes/dislikes of the individual judge with the potential discretion involved including contempt sanctions.

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