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Unemployment checks and child support.

Rockford, IL |

Im 46 year old single male. Im a union carpenter and have been layed off more than a year. I cannot find a job anywhere. There is just too many people on the books. My house is in forecloser and I have no heat and no water as they have both been shut off 4 months ago.. I have a 15 year old daughter and am behind in child support. Child services put a lien on my house for almost $6000 last week. I owe the IRS more than that.
I just received an unemployment payment because of the Bush unemployment extension on the 13th. Child services took the entire amount of my checking that included the unemployment deposit totaling $904 from me on the 15th and closed my checking acount. I dont have a penny to my name and this is no jock. I don't have money for food, water,( I use water from the laundry matt which I collect in 5 gallon buckets when I do laundry to shower with) dogfood, auto gas, nicor gas which I was hoping to get turned on with this payment. Electric will be shut off soon. My cell phone(the only phone I have will be off this week). I tried to cut the lock off the gas meter last night because its just too cold in my house and I just cant being cold any more, and damaged the valve in the process. I called nicor this morning and told them what I did. They came out and repaired the valve and let me run my furnance for an 1/2 an hour to warm up the house before they put a lock on it again. I called today for help getting my gas turned back on and there is no way for it to be turned on. I have no money for my daughters Christmas gifts now. My union card dues are 3 months overdo. What do I do to live?? I have sold everything I owned to try and make ends meet. Now I have nothing. Can child support take the last 5 weeks of my unemployment money. I am
desperate.
Sorry to whine but I never in a million years thought I would be in a situation like the one Im in. I guess my question is , can child support take all your money so you have not one dime to live off of? I called child support this morning to talk with the person in charge of my account to explain to him what is going on. They havn't yet returned my calls.

Thanks,
Kurt

Attorney Answers 2

Posted

Most garnishments cannot take more than 50% of one's income but income is specifically defined. Assets are another story. Usually a proper order can go after assets, such as bank accounts, to the full extent of the order. Sorry.

I had a similar situation once. I went to the office of support enforcement and talked directly to a support officer. He sympathized and worked with me. Might be worth a try. Phone calls don't seem to work as well until you have a specific person to talk to, case number, phone extension.

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Posted

Yes Kurt the State can do exactly what they have done. At some point in time you need to file a petition to modify the current support order due to a substantial change in circumstances per state law 750 ILCS 5/510.

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