Life is a beautiful struggle...I wouldn't change a thing.....This how I see it.

Thursday, July 24, 2008

i don’t watch you...but thank you abc channel 7 news,,,,,

(WLS) -- It is a story of fractured families, empty bank accounts and missing money.

When the I-Team received an email from Army Sergeant Joshua Hinkle a few weeks ago, it first caught our attention because it was sent from Camp Bucca in Iraq.

The soldier wrote that he was suffering a great injustice: the state of Illinois, he claimed, had cleaned out his entire bank account for child support.

"They went into my bank account and they took it, they took it down to the penny," said Hinkle, who's with the Illinois National Guard.

The I-Team spoke with Sergeant Hinkle by a webcam link-up, after he had provided bank records and military pay stubs that seemed to back up his serious allegations.

"The state of Illinois child collection support, child collection agency basically stole $4,000 from me without any notification or anything for child support they say I owe and I disagree with," Hinkle said.

As you might imagine, the situation is slightly more complex. Hinkle, of the Quad Cities, has been stationed in Basra province for the past seven months. It is his second Iraq tour. Hinkle was first there as a regular army officer when the war began. He has a son, 10-year-old Cody.

"I had a child very young; we were still in high school. And, uh, once I joined active duty, we set up the child support payment system and we've had problems with them ever since," Hinkle said.

And he has a 2-year-old daughter, Scarlett. His children have different mothers.

Hinkle says, and the state agrees, that he kept up with all required child support payments except for a period between assignments in Iraq, when he struggled with employment.

Since being back on the military's payroll as a reservist, full child support, including installments for the missed payments, have been withdrawn from his Army paychecks until June, when the state put a lien on his bank account and took it all.

"I don't know how it is legal. Even if I was at home, how is it legal to take 100 percent of my income?" Hinkle said.

It is legal for the state to take whatever money he makes until it's all paid.

An email sent to Hinkle in Iraq from the Illinois Division of Child Support says, "We show the past due debt to be $15,291.78, which is a total due for two separate child support cases."

Even though what Hinkle owes in back pay qualifies him for the public list of deadbeat dads, his picture isn't on it. But as the state Web site promises, the child support division will use all available enforcement tools to collect, regardless of whether a person is serving in Iraq.

"In the case of, certainly, this soldier, it sounds like they're not acting in the best interests of the child by financially trying to destroy one of the parents," said Mark Schario, American Coalition for Fathers and Children.

Child support experts say Hinkle and other GIs stationed overseas have no recourse, nor are they protected by laws intended to make sure soldiers do not lose jobs and other benefits while serving.

"I've contacted them on numerous occasions," Hinkle said. "I've emailed them. They emailed me once. Every time I call I'm on hold for approximately 20 to 40 minutes and over here, that is a long time because we have to use phone cards."

"That soldier is serving in Iraq and can't be back here to represent himself that's not by his choice, he's serving his country," Schario said.

"It has definitely made life stressful over here," Hinkle said. "I hate checking my bank account. I hate checking my email. We work 12 hours a day, six days a week. And it has, it's made life really unbearable over here."

The state initially sent a generic statement praising those in the military but noting the importance of paying child support:

"The Department of Healthcare and Family Services has the utmost respect and admiration for those who protect and defend our nation overseas. Illinois state law gives the Department the authority to help parents receive the child support they deserve, and the law provides multiple avenues to help us do that. While we are cognizant of the concerns some may have when forced to pay child support, it is important to remember that the money is going to support their children."

On Wednesday in Iraq, Sergeant Hinkle received an e-mail from the state informing him he now owes more than $18,000 in back payments and that if he disagrees, he should send them evidence from Iraq.

Most puzzling is what happened to all that money the state seized from his account in June. The boy's mother said she hasn't seen any of it.

SERVICEMEMBERS CIVIL RELIEF ACT
http://www.usdoj.gov/crt/military/scratext.htm

ILLINOIS CHILD SUPPORT
http://www.ilchildsupport.com

AMERICAN COALITION FOR FATHERS AND CHILDREN
http://www.acfc.org/site/PageServer

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(WLS) -- The director of the Illinois child support system says that parents serving in the military are treated fairly in the collection of child support and with the best interest of children in mind.

Pam Lowry, Administrator of the Division of Child Support Enforcement for the Illinois Department of Healthcare and Family Services contacted the I-Team after our report: "Fighting For His Country; Fighting Against Illinois."

After declining to be interviewed or provide any details for the Wednesday evening TV report, Ms. Lowry and the department's communications director Annie Thompson said they received permission from the parents who were featured in our child support story to speak with us.

Lowry and Thompson both dispute the statement by Army Sgt. Joshua Hinkle that "The state of Illinois child support collection agency basically stole $4,000 from me without any notification or anything for child support they say I owe and I disagree with&I don't know how it is legal. Even if I was at home, how is it legal to take 100 percent of my income?"

They admit however that Child Support officials did not know Sgt. Hinkle was stationed in a war zone when they slapped a lien on his bank account for monies past due.

"We try to help people overseas with their situation," Thompson told the I-team. "We work to accommodate military people."

Ms. Lowry provided the I-Team with a detailed chronology of the Hinkle dispute over past due child support for his two children.

Lowry said that on Sept. 28, 2007 the department gave notice to Hinkle of his outstanding child support balance and informed him of his right to challenge the notification. "He didn't protest," Lowry stated.

On June 9, 2008 the department sent notice of lien to his bank and to Hinkle, Lowry said, which included a provision that the money would be frozen for 180 days or until the issue was resolved whichever came first. "Hinkle was given time to react and didn't," she said.

On June 19 the department received a reply from the bank stating that Hinkle's account balance of $4268.59 was frozen.

On June 24 a department case worker spoke to Hinkle, who was serving in Iraq. "He was aware of the lien," said Administrator Lowry, who noted that the child support division received subsequent emails from Hinkle and his JAG attorney.

Illinois Child Support officials say they did not know until that conversation on June 24 that Hinkle was in Iraq.

On June 27 the department told Hinkle why a lien was being used and gave him his balance owed. The state offered to lien $2268 of account balance and leave $2000 alone in Hinkle's account.

On July 3 Lowry said the state received an email from Hinkle stating he didn't agree with the proposal and wanted to take issue to court. She said that he had a right to do so, but that would not stop the lien from being executed.

On July 21 the state agency told Hinkle's bank to remit $2268 to the Department of Healthcare and Family Services for child support arrears. They sent that amount to us and left $2000 in Hinkle's account.

The bank, this morning, said they will send $2268 to HFS and we will send it to family tomorrow.

"We didn't take all the money," Lowry told the I-Team. "We try to be fair to both parents&when people owe significant amounts of child support we look at bank accounts that have a balance and we notify them that we will lien that account. When they contact us we try to learn particulars of the case."

Firmly, Ms. Lowry said that they follow all federal and state laws and that "We know there are opportunities for soldiers to work with us. We were able to communicate with Hinkle. We try to help people overcome barriers."

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