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the military’s payroll as a reservist, full child support, including installments for the missed payments, have been withdrawn from his Army paychecks until June, when the state put a lien on his bank account and took it all.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

SERVICEMEMBERS CIVIL RELIEF ACT
http://www.usdoj.gov/crt/military/scratext.htm

ILLINOIS CHILD SUPPORT
http://www.ilchildsupport.com

AMERICAN COALITION FOR FATHERS AND CHILDREN
http://www.acfc.org/site/PageServer

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.

Not!

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?

THE MOTHERS!!!

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