Legal Question in Family Law in Illinois

Re: Extra Curricular

You could file for a change of custody. If the divorce was in Maryland you can file here, but she might try to have the case moved to Illinois sincae that's where the children are living. Her problem with having it moved is the frequent moves, since a basis for moving it to Illinois would have to be that that is where the evidence to support or defeat your claim would be. If the divorce was in Illinois, you would have to file there, and I can't answer any specific questions about Illinois law. As for the child support, according to Maryland law the estracurricular activities would not generally be a basis for an increase in child support. Increases in your income would be, however. If a court, in Illinois or Maryland, ordered the increase in child support, it would have to have some basis in the state's law.

Re: Extra Curricular

You do not indicate the juridiction for the divorce (and custody and child support) decree. This has much to do with your matter.

Maryland sets out that certain matters are enforceable where there is an agreement between the parties. Nonetheless, you indicate that these matters have not occurred (i.e., a condition precedent has not occurred). Whether these aspects of agreement between the parties has or has not occurred due to non-performance of the custodial parent is a matter deserving of inquiry. Other matters as you describe may also avail you of modification.

Her moving frequently does not work to her favor especially where the interest of the children are compromised. This may be another basis upon which a modification rests. An aspect of this is whether or not visitation is being improperly effected as a result of her choice to relocate. Other matters apply.

It sounds like you desire a stable environment for your children which your spouse is unable to provide. The basis of moving forward rests with the court order that is in place.

If you need assistance, contact me at (410) 799-9002 or return e-mail.