Tuesday, March 9, 2021
CHICAGO – A disabled dad was paying a huge, unaffordable sum each month – in the thousands – in child support for his two teenage boys. With the advocacy of the Law Offices of Jeffery M. Leving Ltd., he got it down to a more manageable number: Zero.
Attorney Jeffery M. Leving, founder and president of the firm, will tell the story on his weekly radio show, the Dads Rights Legal Hour, 9-10 a.m. CST Saturday, March 13, on Power 92.3 FM in Chicago.
This dad had been doing well. In the past, he had a good job, plus a pension from a previous job – and his child support order was based on that. Unfortunately, he became disabled and can no longer work, and he now gets by on disability benefits and his pension. As a result, his child support payment left him with next to nothing to live on each month.
Sometimes cases are won by arguing in court, sometimes through legal research. The Leving legal team used both to win this one. "First, we persuaded the judge to terminate the child support that was coming out of Dad's pension, based on his reduced income. Second, we argued that under Illinois law, when someone is on disability, and there's a dependency allotment for their children, that amount satisfies any child support obligation. The judge agreed. We won."
The judge entered an order reducing Dad's child support obligation to zero out-of-pocket.
"This is a tremendous victory, modified for broadcast, in which this dad's out-of-pocket child-support obligation went from thousands a month to zero," Leving says. "We knew exactly what to argue and how to present this case to gain this two-pronged triumph, and Dad is able to live his life now. I'm proud of the work my legal team did, and I'm ecstatic that I came through for this disabled dad."
Leving also will discuss the need for reform of Illinois' child support laws in two areas:
- Child support accountability: "Many fathers tell me they pay hundreds in child support every month – sometimes thousands – and their kids are still in need," Leving says. "They need clothes and shoes, they need books and school supplies. They need food! These dads want to know where their money is going. They suspect their ex is blowing it on herself and her new boyfriend – not the children – but there's no way to know for sure using a child support accountability law, because there is none in Illinois. We need a child support accountability law. If a child support payer isn't satisfied that the child support he pays every month is actually supporting his children, he should be able to go to court and ask the judge to order an accounting. And if the custodial parent IS blowing the money, the judge should be able to order relief so the money goes to the kids. This is not the law now, to the frustration of many fathers – but it should be."
- In some situations, a father paying child support should be able to pay it to his son or daughter directly. Perhaps the child ran away from home – but the situation doesn't have to be tragic. Maybe the mother moved away to live with her new husband or boyfriend, and the child moves in with another relative or a friend's family. "It makes no sense for the child support to be paid to the mother, if the child isn't living with the mother, nor being supported by her. There ought to be a way for the child support to go to the child directly, if necessary," Leving says.
Leving, who had had success passing legislation in Springfield on numerous occasions, expects success on these matters too. It's just a question of time.
Jeffery M. Leving is founder and president of the Law Offices of Jeffery M. Leving Ltd., and is an advocate for the rights of fathers. He is the author of Fathers' Rights, Divorce Wars and How to be a Good Divorced Dad. To learn more about Jeffery M. Leving and his latest court victories, follow him on Twitter and Facebook, and view his videos on You Tube.