This story involves the deceptive practices of the Stephenson County Court System, the Illinois Department of Healthcare and Family Services (HFS), and the Illinois Department of Revenue’s Child Support Enforcement. Please read this thoroughly, it is very important to finish.

In early 2003 I was informed of my division’s (4th ID) orders to Iraq. Around the same time I was supposed to be at the Stephenson County Court House for a hearing concerning child support. This would not have been a problem if the circumstances allowed this, but I was not permitted to leave base for any reason what-so-ever since we were gearing up for our trip to Iraq. Meanwhile, HFS decided to proceed with the case knowing of my situation. The Judge (unknown) proceeded to set child support without me being present not to mention I never received a summons, just a phone call. This is clearly a violation of the Soldiers and Sailors Act and should not be tolerated. Previous to this I was paying child support willingly and was ordered by my Company First Sergeant to stop payments until a DNA test was done.

I proceeded on fulfilling my duties within Iraq, as ordered, thinking my wages would soon be garnished. I never heard a thing while I was there and never heard a thing when I came back. My enlistment was overdue when I returned so I began the long process of getting out of the Army. When I finally came back to Freeport I began to straiten this out. I had a big bill racked up and the next few years I worked on the debt. I am in favor of child support and believe it has to be paid but this should have been handled differently.

The years passed as I consistently battled to get the payments current. I attended school for one year beginning in the spring semester of 2004 using the Montgomery G.I. Bill entitled to me for my military service. This was simply not paying the bill so I had to quit school and drive truck for one year just to get it paid. In the beginning of 2006 I was current and decided to try to finish my education that I should be entitled to considering what I went through to get that benefit.

Now I am married with two other children to care for and approximately one semester left for my first degree (Information Systems – Computer Technician) and 5 more classes to get my second degree (Business Administration). In November 2006 we received a letter from the Illinois Department of Revenue’s Child Support Enforcement stating that HFS has referred my account for collection. Not having money for a lawyer throughout the year to get the child support modified, I finally created the petition myself after receiving the letter. I would have soon paid the bill but this forced me to take action.

My income consists of VA funding only, including the Montgomery G.I. Bill, and VA Disability. When I appeared in front Judge Hanson he denied my petition to modify child support on the basis of my VA funds. It is illegal to withhold VA benefits such as these yet the Judge Hanson took it upon himself to make this decision. At the time (November 2006) I was not delinquent by over $2000 and I have paid $1560 since then and now I still I’m still $1700 behind.

It just gets worse! Monday April 23, 2007 I received a call from Cornerstone Bank concerning me and my wife’s bank account. The woman on the phone said your account has had a levy put on it by the Illinois Department of Revenue’s Child Support Enforcement and there are no funds available from your account. Yes absolutely $.00! I have two other children to support, one from a previous marriage whom I have joint custody of and am current in child support payments, and my stepdaughter whose father is $6000 behind and never makes an effort to pay.

First of all, it was illegal for Judge Hanson to garnish my VA funding and now the Illinois State Child Support Enforcement took every penny of that same money from our bank account (illegal) including my wife’s paycheck, for two weeks, from Friday April 20, 2007! If I never paid my child support it would be in the tens of thousands of dollars and would be very obvious I’m a dead beat, but I have consistently made an effort to pay my dues. I am not a dead beat, just simply behind and honestly working on it!

My wife’s daughter’s father is $6000 behind in his child support and Judge Hanson just blows it off! What constitutes stealing all of the money from one child that gets no help and giving it all to another that gets all the help I can give. I make an effort to pay and I’m struggling with this and just trying to finish school. Why mess with the one who gives and effort? Go after the true deadbeats!

Since Monday April 23, 2007 I have talked to officials from the VFW, VA, the Freeport Township, and the State Representative’s offices all of which think this is absolutely wrong and are willing to help in every way they can. I think something must be done about this situation because this is not right. Everyone should think to them selves what it would feel like to be a man/woman struggling to do what is right and to have served his/her country just to get pushed around like this and wake up one day to find that you have no money to take care of your other children. They could have at least taken half! Then we would be out bill money, NOT out of money to feed and house our kids! Where is their justice? Please contact me with any questions @ cowanjc10@hotmail.com

Sincerely,
Joshua L. Cowan

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