I have child support arrears in excess of $20,000. My wages are currently being garnished. I have spent some time incarcerated and have never had my support order adjusted. The monies owed interest to the mother of my child. She is unwilling to release the obligation. Is there a way to relieve the garnishment and possible adjust the amount due?
To lower your obligation, you will need to file a petition with the court requesting a modification. To prevail, you will need to demonstrate that there has been a substantial change in circumstances since the prior support order was entered. As to the garnishment, it is unlikely that it will be removed in light of your substantial support arrears. Wage withholdings for child support is the rule - not the exception. You should consult with one or more experienced family law attorneys to review your situation in greater detail and get some more detailed advice as to your options.
What you owe is owed. If she will not agree to accept less, she doesn't have to. And if she was receiving any form of assistance from the state, then the decision is up to the state and they don't usually compromise the amount owed plus interest. You can ask a judge for some relief but don't expect any other than if the amount claimed to be owed is less than they say.
yes, there is a way. pay what is due and the wage deduction ends. but i assume you cannot due that.
this is money that you owe to help support your children for the time you did not support them. not likely that incarceration would result in a reduction. to get a reduction., you would have had to prove that your income is down thru no fault of yours. incarceration is a punishment for some intentional act. thus it was your fault.
as to adjusting the amount due, no. it is a vested right and a judgment for each installment the month after the installment was due. the judgment runs interest at nine percent simple until paid. if you can borrow somewhere else at less than nine percent, do so and pay this.
judges are not sympathetic to pleas to reduce support unless it is truly not the fault of the payor.
If the child support arrearage is owed solely to the Mother (and not to the Illinois Department of Healthcare and Family Services) and she is unwilling to release or waive any portion of it, the only way to relieve the garnishment is by paying it. Except under limited circumstances, Illinois law does not permit you to retroactively modify a child support arrearage that accrued while you were incarcerated.
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