Pro Se Chicago's Weblog

February 12, 2012

Illinois Supreme Court motion for supervisory order to force Illinois HFS Child Support Division to hear requests to change child support


Federal and State law, Social Security Title IV-D and 305 ILCS 5/10, require the administrative law courts in the Illinois Department of Healthcare and Family Services (HFS) hear petitions to change child support by a non-custodial parent or custodial parent. For a summary of these laws see this link here.

The HFS Child Support Division and their Administrative Law courts have been illegally refusing to hear any non-custodial parent’s request for change in child support for 20 years. They do not even have forms for the non-custodial parent to apply for a hearing before the Administrative Court Law Judge or to request a change in child support!  The above codes and statutes require that this be allowed and done. Therefore, their refusal to do their job is being challenged in the courts – see link below.

HFS-CSD directed by Pam Lowery has been refusing to do their job. Non-custodial parents have been illegally forced to pay as much as 110 % of their income for child support and have even been illegally jailed. Even if in arrears a non-custodial parent may not be ordered to pay more than 65 % of his/her income to child support after garnishment for taxes per the federal Consumer Protection Act.

Trial courts lose jurisdiction to hear post-trial requests for change in child support according to these laws and regain it only after the HFS-CSD administrative law court investigates the financial circumstances (with subpoenas to the parents) and holds a hearing before the administrative law judge in their division with the parents present and then makes a recommendation that goes to the Trial Judge. Then the trial judge can rubber-stamp it if the parents agree or hold a trial to determine the appropriate amount of child support if the parents disagree.

See a 383 Motion for Supervisory Order to the Illinois Supreme Court , which purpose is to ask the Court to ORDER the HFS-CSD administrative law courts to do their statutory duty and to order the family court judges to stop holding post-trial hearings on child support until AFTER they receive the recommendations from the HFS-CSD administrative law courts. here

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