Getting A Reduction In Child Support Payments

Okay, My fiancee' has 3 children all together...our son (1), a daughter (5), and another son (8). All are different mothers...There was a child support order issued to my fiancee' for the 8 yr old + back child support for 5 years (He never even knew there was an order against him), in Feb 07 and the other child support order (5 year old) was issued in Sep. 07 (current). On the first child (8yr old) he is paying a total of $666.73 a month and providing health insurance for the child as well...He only makes 1,100/month before taxes, after taxes around $975...He is now issued to pay child support to the second child which will be another $107 every 2 weeks which is $214 a month...after all of this he is left with under $100 a month to help with our child...Is there anything that can be done about anything in this situation...We are losing our place that we are renting and have no where to go with our son...We need help! Is there anything we can do to get the back support payments lowered, or anything lowered? Is there anything legally he can do to mention that he cares for our son as well? Anything is appreciated...Thank you to anyone who responds!

What state ?

Illinois! I dont know if this matters either, but he is in Southern Illinois and both cases are in Northern Illinois. TY!

Did the father attend the court proceedings? I assume that the higher payments for the 8 year old include the back child support. Was the original order considered when the second order was determined?

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Quoting perroloco

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Did the father attend the court proceedings? I assume that the higher payments for the 8 year old include the back child support. Was the original order considered when the second order was determined?

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The first question is a long story, but the short answer is that yes, he attended all of the court proceedings that was assigned. Yes, the higher payment is to the 8 yr. old boy, and it includes back. The original order was not brought up in court, and they would not let him refer to that order, which I dont think was right, but he ended up at the end of it all defending himself. The lawyer he had, stopped representing him, because we could not afford the high payments he wanted. But anyways, the lawyer was trying to prove that the papers were never delivered to him. He actually stayed with me, when they were delivered to an address 400 miles away...he never knew he had to pay, and as far as the mother of the child had told him, he did not owe her a dime (would not hold up in court) I am assuming that the state is the ones that are pushing this.

If the mother was receiving state aid for those years before the child support order, then yes, the state will want their money back from the father. It may be possible for the father to have the support modified for the 8 year old, so that the back payments can be made over a longer time period. He has to go back to court for that. He might be able to do that himself. He should talk to the clerks at the courthouse for advice.

Unfortunately, I don't think it will matter that he never received the documents. If the court was unable to serve him at his last known address, then he was probably served by publication through the newspaper.

" But anyways, the lawyer was trying to prove that the papers were never delivered to him. He actually stayed with me, when they were delivered to an address 400 miles away...he never knew he had to pay,"

He knew he had a child so he should have realized that he had an obligation to support that child.

I understand that you are concerned about the support he can provide to your own off-spring - but he needs to take care of the children he already has. They are his first obligation and should not suffer just because he keeps choosing to have more kids.

He did try to provide things for the child, but she refused...This is a longer story, and would take forever to explain, but the mother of the child told false statements about him while he was in the military, and they discharged him and she put a restraining order against him, and told him to never try to contact her again. He gave money and presents to his friend (who was both of their friends) to give to the child, and she refused. His impression was that, she did not want him in the child's life! As far as him paying the back support...For all those years he held down jobs, never knowing he had to pay...if he would have known he would have paid. Why did they not find him then so he would not have fallen into this debt...he has never "ran" and he has never said he would not pay...but do you think he should suffer for something that he knew nothing about? Morally it is not right...How is he supposed to live on a measly $100 a month and have another child to support that they wont count??? It is ridiculous, and not right at all! I am tired of everyone calling him a dead beat dad, because he owes back child support, he has not ran, he IS paying the back, even though he don't feel it is right, and he is wanting to see his son, but cannot even afford to make a trip to see him...It feels like the state don't believe in family...they just believe in money. It is really sad that they don't look at both the parents income...She gets checks from her fathers death, has a wonderful job and a fiancee to help support her, a house, a brand new car and everything. We currently stay with my parents in a mobile home, have no car, no nothing...we can barely afford diapers for our child right now...I cant find a job, because I live in a small town...I have applied to every place I could think of even McDonald's and Dairy Queen, and I still cant get a job...there is just none available...I am going to school online to try to better myself...but now I am scared that I wont even be able to pay my student loans off....Where is the justice in all of this??? Why is the government this way to men? He does try and is not denying that he HAS to pay the support he knows he should...but the payments are effecting him so much that he cannot even survive, while the two mothers (esp Mom#1) are living the high life! We really need some help!

***UPDATE***

Today, a sheriff delivered another cepina to court for him on Child #1 for the back child support in the amount of $42,000. He is currently making payments on the back, but they said he owed them in full? We don't have a thing to our name and he don't even get enough to support a mouse little lone $42,000! What can be done about this? Will he go to jail if he can't pay the $42,000 in full, or would they consider his situation and allow him to keep making payments? What can we do? We are in desperate need of help....is there pro bono lawyers in Illinois that can represent him? If there is anything that can help, please...anything...We can't live this way!

Honestly, he may not have known that he had to pay because there may have never been a court order until now. Back child support is not just money you did not pay after the court order was issued. Back child support can go all the way back to the day that the child was born if the mother wants to take it back that far, at least it is that way in Texas. But I was under the impression that they cannot take more than fifty percent of your monthly income for child support. I'm not going to say anything rude like he should quit having kids or anything like that because that doesn't help you out at all. They are his children and he does have to support them. But research your state laws and see if there is a maximum percentage that they allow for garnishments.