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Defend Your Country, have IL State take all your money for Child Support. Is this fair?

Posted in Child Support on 29th April 2011

Defend Your Country, have IL State take all your money for Child Support. Is this fair?
Fighting for his country; fighting against Ill.
Thursday, July 24, 2008 | 5:05 PM

By Chuck Goudie

(WLS) — It is a story of fractured families, empty bank accounts and missing money.

When the I-Team received an email from Army Sergeant Joshua Hinkle a few weeks ago, it first caught our attention because it was sent from Camp Bucca in Iraq.

The soldier wrote that he was suffering a great injustice: the state of Illinois, he claimed, had cleaned out his entire bank account for child support.

“They went into my bank account and they took it, they took it down to the penny,” said Hinkle, who’s with the Illinois National Guard.

The I-Team spoke with Sergeant Hinkle by a webcam link-up, after he had provided bank records and military pay stubs that seemed to back up his serious allegations.

“The state of Illinois child collection support, child collection agency basically stole $ 4,000 from me without any notification or anything for child support they say I owe and I disagree with,” Hinkle said.

As you might imagine, the situation is slightly more complex. Hinkle, of the Quad Cities, has been stationed in Basra province for the past seven months. It is his second Iraq tour. Hinkle was first there as a regular army officer when the war began. He has a son, 10-year-old Cody.

“I had a child very young; we were still in high school. And, uh, once I joined active duty, we set up the child support payment system and we’ve had problems with them ever since,” Hinkle said.

And he has a 2-year-old daughter, Scarlett. His children have different mothers.

Hinkle says, and the state agrees, that he kept up with all required child support payments except for a period between assignments in Iraq, when he struggled with employment.

Since being back on the military’s payroll as a reservist, full child support, including installments for the missed payments, have been withdrawn from his Army paychecks until June, when the state put a lien on his bank account and took it all.

“I don’t know how it is legal. Even if I was at home, how is it legal to take 100 percent of my income?” Hinkle said.

It is legal for the state to take whatever money he makes until it’s all paid.

An email sent to Hinkle in Iraq from the Illinois Division of Child Support says, “We show the past due debt to be $ 15,291.78, which is a total due for two separate child support cases.”

Even though what Hinkle owes in back pay qualifies him for the public list of deadbeat dads, his picture isn’t on it. But as the state Web site promises, the child support division will use all available enforcement tools to collect, regardless of whether a person is serving in Iraq.

“In the case of, certainly, this soldier, it sounds like they’re not acting in the best interests of the child by financially trying to destroy one of the parents,” said Mark Schario, American Coalition for Fathers and Children.

Child support experts say Hinkle and other GIs stationed overseas have no recourse, nor are they protected by laws intended to make sure soldiers do not lose jobs and other benefits while serving.

“I’ve contacted them on numerous occasions,” Hinkle said. “I’ve emailed them. They emailed me once. Every time I call I’m on hold for approximately 20 to 40 minutes and over here, that is a long time because we have to use phone cards.”

“That soldier is serving in Iraq and can’t be back here to represent himself that’s not by his choice, he’s serving his country,” Schario said.

“It has definitely made life stressful over here,” Hinkle said. “I hate checking my bank account. I hate checking my email. We work 12 hours a day, six days a week. And it has, it’s made life really unbearable over here.”

The state initially sent a generic statement praising those in the military but noting the importance of paying child support:

“The Department of Healthcare and Family Services has the utmost respect and admiration for those who protect and defend our nation overseas. Illinois state law gives the Department the authority to help parents receive the child support they deserve, and the law provides multiple avenues to help us do that. While we are cognizant of the concerns some may have when forced to pay child support, it is important to remember that the money is going to support their children.”

On Wednesday in Iraq, Sergeant Hinkle received an e-mail from the state informing him he now owes more than $ 18,000 in back payments and that if he disagrees, he should send them evidence from Iraq.

Most puzzling is what happened to all that money the state seized from his account in June. The boy’s mother said she hasn’t seen any of it.




Best answer(s):

Answer by The Mrs.
What does him being a solider have to do with anything other than the fact he was out of the country at the time? I support our solders, I have several friends and friend’s husbands who have done numerous tours (one has done 4)…but I am sick of it being used an excuse for special treatment.

There were many things done wrong here…obviously the first being he didn’t pay. But this should have come out of his paycheck like it is when other’s have their wages garnished. His bank account shouldn’t have been touch without his permission. The government also should have notified him prior to garnishing his wages.

But the real thing I find disturbing is that the mother has not seen any of the money. Someone is lying here.

Answer by tigersalamander2006
I used to be in a Men’s divorce group. Every single man was double dipped-charged twice by child support agencies (that “lost” receipts and either the father had to provide evidence or HE HAD TO REPAY, usually in the $ $ $ thousands.)

My ex-wife is a little emotionally unstable and has moved a lot in the past ten years. Because of that I’ve had 3 states going after me for child support! One state demanded payment of $ 1,000 (I had paid it to the court ordered state.) Another state defended me but it took a year to clear up my records. Meanwhile your credit is affected, you lost your license to drive, any work license you have and your passport.

When I was first divorced, I was unemployed
(my ex wife had called the job & I was fired-they didn’t want to deduct child support and wanted nothing to do “with the government.”) At that time One judge INCREASED my child support-he didn’t care I was unemployed.

Women get free lawyers and can harrass a guy til they wear him down financially. If the laws that feminists created were carried out in a fair manner, hatred against feminists would largely disappear overnight.

Answer by littleviv2000
The Mrs.: “There were many things done wrong here…obviously the first being he didn’t pay.”

From the body of the question: “Hinkle says, and the state agrees, that he kept up with all required child support payments except for a period between assignments in Iraq, when he struggled with employment.”

The only time he didn’t pay was when he was having problems with employment. I thought Child Support was based on your wage, if you aren’t making a wage, how can you owe? And how could it come up to over $ 15K, and then to $ 18K AFTER the $ 4K was taken? When he was employed, he was paying, and the state agrees with that, so why did they do what they did, and then not give the money they cleared out of his account to the person he owed the support to, the mother/s of his child/ren?

Answer by ARTY
The Friend of the court has been known for it’s unethical practice like the one you just described.

There has been several cases where the Friend of the court in several states would take an enormous amount of money from the person who was ordered to pay child support, and not send it to the person who has custody of the children.

Basically, the Friend of the court is all about screwing both parties involved in the process.

Answer by Super Ruper
Presently, I live in a country that has absolutely no laws enforcing support of children. There are no dead beat dad laws, but there are, literally, thousands of dead beat dads. Many have in excess of 10 children, all with different mothers. And they feel no obligation to support those children. The result? A country rife with violence and very little caring for human life or decency.

It has long been discussed that the root of the country’s problems lie in the issue of irresponsible parenting and support, yet no laws are enacted to enforce this.

I suggest you be grateful to live in a country that puts the welfare of children ahead of other issues. And that deadbeat dad laws are, obviously, as effective and efficient as they are.

Answer by iblockidiots
Welcome to America – “the freest country in the world.”

I’m sure all this forced support is really encouraging men to be better, involved fathers.


Answer by James S
“There are, literally, thousands of dead beat dads. Many have in excess of 10 children, all with different mothers. And they feel no obligation to support those children.”

Gee who decided to have sex with 10 different men?

The mothers!

Who irresponsibly decided not to use birth control dispite having 20 different choices to prevent pregnancy?

The mothers!

Who decided to have their baby instead of having an abortion?

The mothers!

Who decided to keep their baby instead of putting it up for adoption?

The mothers!

Who should be responsible for providing and caring for their children as a direct result of their decision to keep and raise them?


Child support case closed, will this come back to haunt me?

Posted in Child Support on 25th April 2011

Child support case closed, will this come back to haunt me?
I was curious and went down to the Il dept of Child support to inquire about my Child support case.
They gave me a form saying “I am no longer obligated to pay child support” this Child support Case is closed and the balance is zero.

Will this come back and haunt me? I’ve heard stories of cases being closed for years, only to come back from the grave to snatch up assets.

Here is the story….

about 6 years ago, my X and I broke up. Being the responsible person that I am, I made sure that not one month went by that I did not send her child support. I made sure I kept a receipt of every diaper and clothing i bought. I made sure that every money order or personal check I sent her had Child support stamped on it. She was upset and complained that she could not cash checks easily on the weekend. I gave her cash but I asked her to sign a receipt. She was even more pissed. I asked her if she wanted me to sign our child up for medical insurance through my job, she said no. Her reasoning was that she did not want to give me the social security number because I would steal the tax exemption. I told her I am not that dishonest and I would not do something like that without her permission. She still refused. This made me suspicious. After all, who turns down medical insurance? So I sent her a noterized letter saying that I would like to provide medical insurance and a 529 college savings plan. The response was a court order for child support. She was claiming that I did not provide support for the 2 years and never provided medical insurance. I was also suprised to find that she was on public AID while receiving cash from me. Long story short, I provided all the receipts I had. Public aid tried to trivialize them as gifts, but I pointed out the notations on the checks/receipts “for child support”. I filed a motion for joint custody. After spending all of my life savings, She refused to agree to joint custody, and I dam sho wasnt going to accept visitation because that would give her suedo sole custody. At that point I told the judge that this was a waste of time and money. I asked him if I could withdraw. He gave me a tongue lashing for not accepting visitation but allowed me to withdraw.

Now according to illinois department of child support I am not obligated to pay child support, the case is closed and the balance is zero.

Thing is that there was a court order for temporary child support… I was thinking of filing a special appearance to have the court case dismissed. That way, neither her or the state could dig up the old case and try to get back child support. Or do you think i should just let sleeping dogs lay?

Best answer(s):

Answer by stephanie_6234
just keep the paper you have that says its closed….it should be fine, and if not then you have something showing what they did.

Answer by Johnson
It depends: If you set your divorce decree with a child support payment plan, you may still have some obligations. If not and all child support plans were followed up and developed via your State, then YOUR HOME FREE BUDDY!!!

You just received an automatic raise!

Answer by Garnet Glitter’s No BS Zone
Sounds like she closed the child support case herself…a custodial parent can refuse to accept CS and any child support collection agency will then close the case…they can not FORCE CS upon her…

However she CAN re-open the case as long as the child is a legal minor….debatable whether she can ask for arrears, tho. The state will not re-open the case themselves….too many other fish to fry. The mother will have to.

What I think is the kid may NOT be yours….if she re-opens, demand a DNA. In any case, call your lawyer for a short consultation, even if you have to scrape the fee together-it’ll be worth it.

Answer by Sausage Mahoney
That’s a horrible story. I feel sorry for the poor child, to have to deal with parents fighting like that, and to know in the end that the father has turned down visitation. What does that tell the child? Daddy doesn’t even want to see me. You sure showed the Mother. Instead of pseudo sole custody she has… actual sole custody.

Answer by ZEBUCORE
Stick with it, appears you’re on the right track. You should file a special appearance to have the court case dismissed. A few things you did wrong; 1. When the baby was born, you should’ve file a petition for child support to be taken out of your paycheck with social services/dept.of children, etc. You and her would go to the court house, and they would decide how much you should pay, and how often. 2. You should set up a direct deposit for your child, and give the mother a check/debit card. If the child is over 18 and not in college is the only way you’re gonna stop paying child support. Good Luck

Answer by Leen Eng
Don’t let that lying dog sleep. If she is as sneaky as u say she is she won’t stop. The best bet is go 2 an attorney 2 get his advice & let him no u want this nipped in the bud legally. If u go 2 court & get the case dismissed u are in the clear. If u don’t have the money 2 get an attorney, find it from friends, family or a financial loan. Judges are prone 2 side with the custodial parent, when there is no attorney present. Sounds like u are miserable, so don’t be miserable take a stand, u have all the proof u need. She isn’t doin this 4 the goodwill of her child, but 4 her own financial gain. No I am not a bitter parent, but I did have trouble gettin child support from my X hubby. He wanted 2 pull tricks on me 2 not have 2 pay child support. Responsibilities are responsibilities & not havin good morals is not havin good morals. I hope u get this resolved cause u seem like a good person & in time this will be 4gotten. See ur child cause that is ur moral responsibility 2 ur child. If u don’t see him he will resent u when he becomes an adult, no matter how much u try 2 tell him why u didn’t see him. He will no that no matter what happened between his mom & dad u should have cared enough about him 2 see him. My children are resentful 2 there dad, not because I told them bad things about him, cause I knew if I did they would resent me in the end. I wish u luck, but just remember the child is actually hurtin more in a situation like this than the parents. Little pictures have big ears, in the end they usually figure out what went on.

Answer by Poppy
Sound suspicious to me, does DNA say the kid is yours? I’d consult my lawyer on this. A few bucks now or possible major bucks later?

Answer by blueyes
I work for an attorney in another state and this is particularly aggravating issue for me! First, people, remember that child support is just THAT. It is NOT alimony although from my experience over the years it is often misused (which incidentally, financial issues are usually what leads to many divoces and therein, CHILD SUPPORT). If a person mismanages money during the marriage, suddenly being a single parent unfortunately does not make them any smarter in finances. Secondly, it sickens my heart to see these innocent children being used in a power struggle between two people who no longer trust each other and cannot get along. For the most part, ZEBUCOR is right on the money (no pun intended).You’re right to be concerned because in most states CS is handled thru child services. If she comes back later and files charges, you could also be ordered to pay arrears which include penalties and interest, and in our state I have seen women file criminal non-support charges with the father going to jail and then trying to sort the mess out. Your best defense is a good offense. Go to your legal aid office with your documentation in hand (receipts, notices from Court, signed orders, everything you have). Explain you concerns and ask for advice. It sounds like you have tried to do right by your child, but let me forewarn you that in most arenas, sympathy usually lies with the mother. However unjust, it’s almost always the case. Go in, state your concerns without badmouthing your ex or the judge. Your documents will speak for themselves and the person appointed to you will be much more helpful if they don’t have the predisposed opinion that “you’re just another guy trying to beat paying child support.” I wish you the best. I only wish there were more parents out there like you. A child has no control over his/her life. They still deserve a decent home, clothes, food, toys, medical attention and love today as when the parents were together. Unfortunately, most of the time they end up either being (or feeling like they have been) abandoned by the non-custodial parent.

Child Support?

Posted in Child Support on 24th April 2011

Child Support?
My wife and I are planning on getting divorced and to make things even more complicated, she’s prego due in Sep. The wife claims that if I sign away all my parental rights, she won’t come after me for “Child Support”. We’ve been married since Jan2007 and live in the state of Illinois. The whole pregnancy was never supposed to happen, the wife and promised/agreed that we were both too young 18wife/20me to have kids at this point, she agreed. When she found she was prego, I was told not to worry about b/c she was going to her Dr. to get the R-13 pill (abortion pill) however, she backed up and gave me “I’m having the baby with or without you” I was basically put in a position where I had NO CHOICE. Eventually we got married, I just thought it was the right thing to do. However, the marriage has been going down-hill ever since.
If I sign away my parent rights and she agrees, in paper, in a court house, that she won’t seek “Child Suppport” now or in the future…can this be done?

Best answer(s):

Answer by whistle blower
your screwed

Answer by Violet Pearl
Get a family law attorney to work out whatever you think is best. Don’t rely on promises, or he said/she said. Make it legal.

Answer by the answer man
So, in other words, you will sign away if she won’t come after you for child support? That’s a cowardly thing for any man to do to their child(ren). Don’t be a f*cktard and do that. If the relationship can’t be saved, be civil to her, agree to equal custody and be a part of your baby’s life…don’t be a deadbeat, piece-of-sh*t dad.

Answer by Phil S
If you sign away all of your parental rights, then no, she can’t come after you later for support…BUT…you also can have nothing to do with the child…you sure you want that?

Answer by crazyem
Yes, if you have it in writing and legal. Don’t just write it on a scrap of napkin or something. Have a lawyer or someone type up an agreement. You both sign and date it and it will be legally binding. Are you sure that’s what you want?

Answer by green_clovers66
No it can’t be done. Unless someone adopts the child, you are the one who will always be financially responsible for this child.

Answer by JF
Just remember if you sign away your parental rights.

YOU SIGN AWAY your parental rights. You will not be able to see the child unless she allows it.


Answer by JustAHunch
I sincerely hope you are making this up. If this posting has any shred of truth to it you definitely should sign over your parental rights. You are not too young to have children and you have NO right to dictate that she kill the fetus for your comfort. She did not get pregnant alone. You could have used protection yourself, buddy. When you sign away your rights to this child, you will not have to pay any child support , but you will NEVER (no matter how much you mature and wish you could see the child) have ANY rights to see him/her for the rest of your life. Is that the kind of man you are? Do you really want her to tell your child that you had NO interest in being his/her father whatsoever? What about stepping up to RESPONSIBILITY? You created this life and you should BE a FATHER. What a lowlife you are!

Answer by colin s
I’m sorry but I don’t understand any parent wanting to sign away their rights to their flesh and blood and to not want to be a part of their childrens growing up.
Neither do I understand a parents unwillingness to help support said child.

Answer by Curly
It can be done. It has. If her lawyer writes it up, its legally binding. You can give up parental rights, and she can give up alimony and child support rights.

Damn you are afraid of child support. You are man enough to make the baby, and keeping it is the womans choice, not yours. Part of the responsibility that comes with making the baby is if the woman says yes, you keep the baby.

In 20 years or so the child will seek you out and ask why. Remember that.

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