Legal Question in Family Law in Illinois
Child Support help
My husband was divorced in 2002.He has never lived in Illinios and neither has his ex wife, but she used her friends address there and got a quick divorce.He was ordered to pay 1000 a month for 2 girls.The thing is he has recently dropped in pay and is now making 1150 before taxes.He is still ordered to pay the support to her which means we get NOTHING.Him and I have 2 sons and his ex is remarried as well and her husband is making a whole lot of money because he is overseas right now.I need to get the case sent out rehe to San Bernardino county where we are currently stationed.She is in Missisiippi where she never left.She uses the child support to pay for her husbands truck and insurance. None of the money goes to the girls. Are we allowed to ask for receipts? And when we have the girls for the 6 months, do we still have to pay her the 1000 dollars? Because when the girls go back to her, their bank accounts are drained of the 6000.I really need help.Our local court house says they can't help me that I need to get the case sent to them. Rolling Meadows, IL, says they can't help me I have to show up in person.I live in California, I can't just show up and the military doesn't just grant you leave when you need it or want it.
3 Answers from Attorneys
Re: Child Support help
Check with the base legal officer. The legal officer should be able to help you. With 50 50 custody in california his support should be much lower than is presently is.
Re: Child Support help
All the info you have is roughly correct. The only thing you can do is hire an attorney here in Illinois to help you. You need to amend the child support to reflect all of the parties' needs.
Re: Child Support help
You did not indicate whether he ever responded or appeared in the Illinois action. If he didn't, this judgment could be "collaterally attacked" for lack of in personam jurisdiction. If you wish to explore it further, e-mail me with more details at [email protected]. In particular, I would like to know exactly how she claimed IL residence, how he was served, did he answer, etc?