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    scott1234's Avatar
    scott1234 Posts: 3, Reputation: 1
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    #1

    Oct 23, 2011, 07:53 AM
    Illinois law on child support and father in prison?
    What if I was in jail in another state and the mother knew where I was and lied to the court concerning my whereabouts which prevented me from receiving the order and I didn't find out until release?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 23, 2011, 07:54 AM
    Then you go back to the same Court, prove she lied and you were never served, get the Order "cancelled," have a hearing for a new Order.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 23, 2011, 08:12 AM
    So what are you going to protect, the fact you are the father ?

    What was the support set at, min for the state ? An assumed wage ?

    But you can either prove you were not properly served, or ask for it to be modified.
    scott1234's Avatar
    scott1234 Posts: 3, Reputation: 1
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    #4

    Oct 23, 2011, 08:14 AM
    Need relief now
    How can I prove it when I didn't keep the letters but there was one phone call I made to her that lasted for 3 hours; but can I obtain those records... I was in California and she was in Chicago... from 1989 to 2005... I didn't know till I paroled. Do I have to pay the $55,000?
    scott1234's Avatar
    scott1234 Posts: 3, Reputation: 1
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    #5

    Oct 23, 2011, 08:27 AM
    There is no doubt that I am the father,but how could I support my children when I could not support myself?
    It appears to be a joke, I pay $72.00 a month on $55000... no I'm no complaining;but when you try to do right and make amends it like I'll never pay that amount in this life.. I make $12 an hour and this constant reminder doesn't help, they are laughing at me.. I know just go away an an d pay the money... its a joke... juast s 'pa
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Oct 23, 2011, 08:28 AM
    How can you prove it? Letters are not involved. You go to Court, look at the file, see what date the Court records indicate you were served, prove that you were in prison on that date and were NOT served.

    If you were NOT served the Order is invalid and you don't owe the money.

    How is the phone call related to this? You were either SERVED or you were not.

    Service might have been a letter. If it was a letter the person who mailed it was part of the Court system and filed an Affidavit that it was mailed and not returned.

    You have to find out how the Court claims you were served.

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