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Feb 05

2006

Ask a Lawyer: Child support payment still being garnished

Posted by: Dads Divorce on Feb 5, 2006

Tagged in: overpaid child support , Maintenance , income , IL , garnishment , emancipation , Child Support , Ask A Lawyer

Question:

My child support obligation ended years ago but is still being taken out of my paycheck. What do I need to do?

Answer:

File a Motion for Emancipation to terminate the order of child support. Make sure that the final order terminates the wage assignment as well. Also consider a Motion for Sums Due and Owing. I am not licensed in Illinois, but in Missouri, for example, it is the obligation of the parent receiving support to terminate the child support order. Therefore it is possible to recoup the overpaid child support.

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