Question:
I currently have an income deduction order in place so my child support payments are sent from my employer directly to my ex-wife.
My daughter is about to reach the age of emancipation and I want to make sure my payments stop, but my employer is saying the income deduction order doesn’t tell them when to stop the payroll deductions. The language is included in the divorce decree, but payroll won’t accept that.
I know I have to file an addendum to the child support order, but does my ex-wife have to sign off to add the language to the income deduction order and do I need to fill out all of those pages?
Answer:
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of that state and can only provide you with general tips on divorce and family law.
If your employer will only stop payments with another order from the court, you will need to file a motion to terminate child support with the court then follow up with an income withholding order that indicates that support is to be terminated.
Unless there are some unusual circumstances, your ex-wife will not have a defense against the termination because it is determined by state statute. Once the judge signs off on it, that will be what you need — whether she agrees or not.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Illinois divorce lawyer Christina Milien, contact Cordell & Cordell.
