Decatur, IL asked in Family Law and Child Support for Illinois

Q: I'm on disability, i have temp custody of 2 kids im in arrears on my oldest. Contempt has been filed. What can I do?

Dcfs took my youngest 2 from the mom. I've had them for 6 months. I have been on SSI since 2012 but haven't been able to work since 2008 cause of my disability. I am in major arrears an they have filed civil contempt of court. What is my best next move considering I can't afford an attorney. I don't get child support from the other mother for my youngest either. I know jail time may be involved, but I am my youngest 2 only option. If I go to jail they go into care. Please help i need advice on what to do! Thank you for any an all advice given. Also I can't do land of Lincoln legal aid cause the mom has I'm the past.

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1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
Answered
  • Rochelle, IL
  • Licensed in Illinois

A: Your question is confusing. You indicate you are receiving SSI (Supplemental Security Income) benefits. If SSI is your only source of income, you shouldn't have child support assessed against you since that income is exempt under federal law. On the other hand, you indicate you are disabled which may mean you actually receive SSDi (Social Security Disability) benefits. If that's the case, child support can be assessed against you, but your minor children should also be receiving SSDi benefits which can be used to offset the support you're ordered to pay. I encourage you to talk to Land of Lincoln Legal Assistance Foundation to see if they can help you. If they can't help you, please seek other legal help.

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