the system messed me up.

[schannone]

my son's dad works for the state of il. (dept of corrections). I have a court order for child support to be taken out of his check and it has been since 2001. The amount changed in december 2002 because he had gotten a pay increase when he started working for the state. in march the increase finaly got taken out of his check. in may the child support enforcement agency told the employer to stop paying support. I called to find out about it and what i was told was that the amount was wrong on the court order. one person said it was stopped because of that and that the dad promised to pay the correct amount(even though he was behind in support already). another person said that the amount was wrong and that my attorney was putting an motion in for the correct amount and that is why it was stopped. The court file shows that a motion was filed and the judge would not sign it. Then the child support enforcement attorney put in a motion and the judge wouldn't sign it. so the attorney goes before another judge who has never dealt with this case and got him to sign it. because i didn't get any payments for that month it has got me behind and I am getting ready to loose my apartmetn this week because i can't get caught up and every agency around here is out of funds.
What i am wanting to know is can an agency overturn a court order like that and stop childsupport payments?
Can another judge overturn a court order without a hearing?
what can i do. this can't happen again. i need a roof over my son's and my head. ?
any suggestions or comments.

 

[Michael Wechsler]

Originally posted by schannone:
my son's dad works for the state of il. (dept of corrections). I have a court order for child support to be taken out of his check and it has been since 2001. The amount changed in december 2002 because he had gotten a pay increase when he started working for the state. in march the increase finaly got taken out of his check. in may the child support enforcement agency told the employer to stop paying support. I called to find out about it and what i was told was that the amount was wrong on the court order. one person said it was stopped because of that and that the dad promised to pay the correct amount(even though he was behind in support already). another person said that the amount was wrong and that my attorney was putting an motion in for the correct amount and that is why it was stopped. The court file shows that a motion was filed and the judge would not sign it. Then the child support enforcement attorney put in a motion and the judge wouldn't sign it. so the attorney goes before another judge who has never dealt with this case and got him to sign it. because i didn't get any payments for that month it has got me behind and I am getting ready to loose my apartmetn this week because i can't get caught up and every agency around here is out of funds.
What i am wanting to know is can an agency overturn a court order like that and stop childsupport payments?
Can another judge overturn a court order without a hearing?
what can i do. this can't happen again. i need a roof over my son's and my head. ?
any suggestions or comments.

Have you spoken to the court clerk? If so, that would likely be the best place to go to first. I also don't know what happened in court, what was filed, and exactly what was signed. This is why the court clerk might also be of most assistance (or, of course, your attorney if you have one.)