Legal Question in Family Law in Illinois

I live in the United States and so does my ex husband, i lost my job and apartment and I didn't want my children and i to be homeless, i sent my children to live with their father who had had a house.

I stayed with my sister and filed child support on myself while i got to help my children until i got on my feet, I was paying it faithfully, but shortly afterward he took the children to another country to reside with his sister. He currently lives in the United States but my children have resided out of the country for 5 years.

Can i stop the child support order?


Asked on 2/14/11, 6:42 pm

1 Answer from Attorneys

I think you have a bigger problem than paying child support. His moving the children outside of the United States is against Illinois law in that it is a "removal" of the children from Illinois per Sec. 609 of the Illinois Marriage and Dissolution of Marriage Act. You should petition to have the children returned to Illinois immediately by serving your ex with a Petition for Rule to Show cause and perhaps a Petition to change custody. In line with this you could file a petition to terminate child support since your ex does not actually support the children. You have a very serious problem here - I urge you to hire counsel to represent you on these issues immediately.

Additionally, his removal of the children from the US may be a violation of state and Federal criminal laws.

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Answered on 2/18/11, 2:21 pm


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