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Man claims arrest over unpaid child support was illegal

When a couple with children splits, one of the most contentious issues can be how much money is needed to provide for the children. Child support is often intertwined with battles over parenting time and the man and woman's feelings about each other. In each case, the exact amount that one parent is ordered to pay the other to raise the children varies. If the amount ordered falls behind, there may be penalties, even including incarceration for the debt for the parent who was ordered to pay the other.

That is what happened in a recent case where a father acknowledges owing $20,000 in child support. The payments, associated with four children, were being paid through work. However, the withholding was stopped without his knowledge for reasons he doesn't know. He went to court to explain the matter and was arrested.

He contends that the individual who ordered the arrest was not authorized to do so, and is seeking to have it thrown out of court. The father says that a hearing officer ordered it. Records allegedly say that it was a judge, but curiously, the judge's order is dated 19 days after the actual arrest.

Court officials claimed that they didn't know the background on the matter. However, they acknowledged that a hearing officer is not authorized to order an arrest. When his attorney brought the discrepancy to the attention of a judge, the father's release was ordered immediately to the judge's credit.

Cases like this show what can happen in the court system, with individuals losing their liberty. Yet, the case also demonstrates the value of having an excellent attorney to advocate for you. Anyone who finds themselves dealing with child support issues in Illinois may benefit from the advice of such an attorney.

Source:, "Man: Arrest for unpaid child support was illegal" Jim Piggott, May. 23, 2014

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