Legal Question in Criminal Law in South Dakota

Defendant South Dakota Plaintiff Illinois

I live in Illinois and my ex-wife lives in South Dakota.

During the court proceedings for child support, my ex-wife gave the court fraudulent information so that she could receive a higher monthly child support amount to be deducted from my monthly income.

I want to file suit against her to reduce the amount of monthly deduction from my income.

I have contacted a lawyer in Illinois re: merits of case and am informed that I do indeed have a strong case.

I want, however, to file this suit in Illinois since it is difficult to go to SD since I would lose income.

My lawyer in Illinois is not sure what the law says re: filing this case in Illinois instead of SD.

Please advise what options I have to file in Illinois instead of South Dakota.

Thank you


Asked on 3/11/03, 1:23 pm

2 Answers from Attorneys
Kyle Doviken Doviken and Ditsch

Re: Defendant South Dakota Plaintiff Illinois

You should take a look at your Divorce Decree and Settlement Agreement (assuming that it did not get tried). I would suspect that the SD court has maintained continuing jurisdiction in your case. Bottom line is that you will most likely have to file any modification in SD NOT IL.

Good luck.

Kyle L. Doviken, Esq.

Doviken and Ditsch Law Firm

www.dovikenlaw.com

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Answered on 3/11/03, 1:26 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: Defendant South Dakota Plaintiff Illinois

I am assuming the proceedings were held in SD. Usually that would be the court you would have to return to. Find a SD lawyer and they should be able to advise you accordingly. It probably involves modifying your divorce decree.

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Answered on 3/21/03, 11:39 am


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