Legal Question in Family Law in Illinois

child support set in IL - now we live in CA - income has changed

Original support order for the 2 children was set in IL in April 2001. Both children now live with me in CA and have since May 2001. Want to register the children as CA residents and have support modified. Ex has remarried so now has dual income, while I have stopped working and am full-time student. I'm remarried to Active Duty Military member (NAVY). I want to file modification in CA as I have little ability to travel to IL for court. Isn't there something I can file in CA on my own to register the children as residents ? What steps must I take to file request to modify support from an IL case without leaving CA ? I have sole physical custody and we share joint legal custody. Ex husband currently pays $100. per week for both children together, he claims one of them on his income tax every year, and we split cost of airline tickets three times a year for their visits with him. He is ordered to keep insurance on the children and doesn't. Claims he can't afford to because he's self employed. Works for cash often and doesn't claim on taxes, tells me this is how he keeps his child support payments low.


Asked on 8/09/03, 8:55 pm

4 Answers from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: child support set in IL - now we live in CA - income has changed

You need a certified copy of the underlying Order, then you register it in California. Once the process is completed, you have a California Judgment that can be modified in California.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 8/11/03, 10:35 am
Mary McDonagh McDonagh-Faherty Law Offices

Re: child support set in IL - now we live in CA - income has changed

It must be modified in Illinois first to gain jurisdiction over the father.

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Answered on 8/10/03, 11:38 am
Dieter Zacher Law Offices of Dieter Zacher

Re: child support set in IL - now we live in CA - income has changed

You can get a "sister state" judgment. Then, file for a modification in California. Please contact a local attorney to assist you. Good luck and thanks for inquiring.

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Answered on 8/10/03, 1:47 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: child support set in IL - now we live in CA - income has changed

It appears that father still lives in IL that being the case the support order must be modified in IL California does not have jurisdiction over father who lives in IL. Check with the legal officer of the base where your husband is stationed the legal officer can give you some legal advice. Also all states have an agency that collects child support for individuals in your position. In California that the the Family or Child suppport assitance department. It was formerly a division of the local district Attorney's office. The local DA should be able to direct you to the proper departmen. This department will contact the appropriate agency in IL and they will prepare the appropriate court documents to commence the case to modify support. There is no charge for this service. Usually the necessary information is obtained by written declaration or often arrangements for a telephone appearance can be arranged.

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Answered on 8/10/03, 2:04 am


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