Topics

I am in IL, EX is in TX, Daughter and mother moved from FL to TX only 3 months ago.

I have a timeline showing significant truancy and tardies.

Daughter who is 9, almost 10, is failing numerous classes.  It has been stated that the reason is she is nOT getting her work in or has been absent during those classes, mixed too much work etc...

Daughter has attended about 7 elementary schools from 2002 on.

This year my daughter has attended 3 different schools but transferred 4 different time.  (Started out in Pensacola, then went to a TX school, Transferred to a small town in FL school, then went back to the same TX school.

 This year out of a total of 114 days of school attendence (total of all schools) she was tardy 42 days and absent 26 days.

The average number of tardies per year since 2002 has been about 40 and absences has been about 10-15.

Ex gave her to me in 2002, when it went to court, I lost due to jurisdiction issues.

This year in Feb of 2006 ex stated the same thing again. She is now married and PG.   But later changed her mind.  I later found out that she gave her to her parents in FL, but after my spring break visitation she reenrolled her in the TX school and my daughter is now back with her.

I would like to file something someone (not sure which state) either for custody (if you think I stand a chance).  

Ex listed her new husband as father on the registration papers, I have NEVER been mentioned before on any records as usually there is  a line drawn thorugh for father.

1.  Who has jurisdiction?  TX, FL, or IL?

2.  IF and when TX gets to jurisdiction is TX better or worse for father's rights?

3.  Does school absences and tardies/grades ever have any say in custody?  

4.  What about how she has moved my daughter to 4 schools throughout the year?

5.  Any other suggestions?

Okay previous case details>

I am in IL, ex and child are in FL

In May 2002 ex gave daughter to me for extended period of time (no def. time) wanted me to enroll her in school here etc...

Daughter told me of abuse, I got a lawyer, lawyer goofed as daughter only lived in IL for 5 NOT 6 months.  Ex's parents paid for attorney (they probably had been the ones raising her in FL) and back to FL my daughter went.

A 2 year battle for visitation and child support followed (due to lawyers dragging it out).  With IL retaining cs jurisdiction and her getting more $$ and ex and I AGREEING on extended visitation (all summer, most all long school holidays).


The visitation schedule has worked very well.

WELL about a month ago my ex called very amicably  and dropped a bomb.  

SHE ASKED ME TO ENROLL MY DAUGHTER IN SCHOOL IN IL FOR AN UNDETERMINED AMOUNT OF TIME~!  (go figure after spending 10000 on lawyer fees she decides she doesn't want to be a mom again...

WEll she said that she got married and her new husband is a pilot.  She said her husband and my daughter do not like each other.  And because he is a pilot that when he is there, she would like alone time wth her husband, and that isn't fair to our daughter.  She then stated that my duaghter has ALWAYS wanted to live with me.

Oh during this time my ex moved with our daughter to houston where her husband is stationed.  

Well that was a month ago.  My ex said that she changed her mind and that HER and My daughter moved back to FL with her parents at least until the end of the school year.

THe houston teacher called saying that my duaghter is excessive truant and that she is failing 4th grade (as was she in FL as what the TX teacher said).  She sent a police officer to my ex's address.  It appeared as if my ex still lived there.

So now my daughter is enrolled in school back in FL at her grandparents place of residence.

I am almost certain that my ex is still in houston and that she left our daughter with her parents in FL.  As she just married in Jan. and I cannot see her leaving her new husband.  I am guessing that she told her parents that she was gong to have daughter stay with me and they flipped.  

I am in process of getting new school info to see who filled out the registration papers, etc...

Ex is being soooooo nice now too.  It's unreal.  so obviously she is hiding something.

1.  What can I do about child living iwth grandparents?

2.  Is there a time limit I should wait showing that ex abandoned child with her parents?

3. what proof do I need showing that she isn't living with parents.  What evidence with suffice?

4.  Would it still be the florida courts having jurisdiciton?

Okay IL has child support jurisdiction, Florida has custody jurisdiction.

Original order of divorce is from IL.  IL divorce 2001 states:

i.  the mother shall advise the father of the child's current address and telephone number at all times

2.  The father shall keep and maintain a current policy of medical and hosp. insur. for the minor child; the parties shall equally divice any and all uninsured mecial, dental orthodontia, hospital, optical, nursing, psychiatric, psychological, preceiption drug or health aid expense incurred by or behalf of the minor child.Then it goes into child support.

The florida custody order dated April 2004:

It gives a new visitaiton schedule, says that florida gains jurisdiction over cusotdy issues, and addresses the issue of trasportation expenses (basically says I pay for all visitation for xmas and spring break and she pays 1/2 for summer).


NEW IL Child support (APRIl 2005) order states It is the most recent order in the case:
1.  Jurisdiction is conferred by the IL marriage and dissolution of marriage act, 750 ILCS 5/401 et seq., however, this ORDer does NOT confer jurisdiction in this court to hear custody claims which have previously been ruled to be within the jurisdiction of the state of FL, the home state of the minor child.

2,  The father and mother, by and through their attorneys, have stip. and agreed to all terms and conditions hereof, and request the court, without further notice to either party, to enter this order

G.  father shall be entitled to claim the parties minor child as a dependent for federal and state income tax purposes in odd numbered years and the mother in even numbered years.  Each party shall execute and deliver any desired multiple support declaration including, without limitation, IRS from 8332, or similar form, so as to effectuate the provisions of this paragraph.

I>  All other terms and conditions of the judgemtn of diss of marriage entered herein, as amended and modified, and not inconsistent with the foregoing shall remain in full force and effect.

SIgned by judge.

i have no idea what hte address of my child is.  mother has sent medical receipts for our daughter with nO return address demanding payment (not using my insurance of course)

Mother stated, she is nOT married to me anymore so she does not have to give me any information.  told me to find out on my own.  To send all payments to her mothers house.  I have no guarentee that she will reciefve it there as I am not on speaking terms with her family.

I just called her number (only number I have) and of course it is now disconnected.

earlier this year mother stated that she did NOT agree to the IL recent order granting me the tax deduction and will not give me any forms.

1.  Do I file for contempt to get  recent address and telephone number in FL or in IL?  I am so confused!

2.  I realize mail can be forwarded, but that will not give ME her current  address.  Can the courts look down that I did not send payment for my half of the medical bills to her old address (expecting it to be forwarded)?

3.  Should I send payment/insurance info to an address I know she no longer resides at.

4.  Will the courts look down on me for not sending it to her par ents house even though I have no idea if she will acutally get it there.

5.  If she files for payment of medical bills will she have to file in IL or FL?

6.  If I file for income taxes first and send a copy of the AGREEMENT will that entitle me to the tax deduction.

7.  What happens if she files first for taxes claiming my daughter?

8.  Should I send a letter to her attorney regarding any of the above?  What should it say?

9.  I wish to do everything without my attorney.  I have a letter from him stating"enclosed you will find the agreed order that concludes my rep. of you in the matter involving your ex-wife and the mod. of child support.  Does this mean I can do everything free and clear of him?

Original order is an IL court order/cs order in 2001.

 2002 courts decide Florida receives jurisdiction for ANY custody dealings.  

In 2004 FL rules that IL retain jurisdiction for child support as I still reside in IL.

Just got wind that my ex got married (a person she has known only a matter of months) and is trying to relocate where he resides in the houston area (She and my daughter reside in pensacola FL.  This is NOT confirmed just suspected from what my 9 yo said.

In April 2004 the FL courts ruled that I have to pay all xmas and spring break visitaiton and she pays 1/2 of the summer travel.  NO FLYING ALLOWED (this sucks it was my ex and the judge would'nt put in the order that we could fly).

In April 2005 IL ruled by agreement that ex has to give me school info/ pay unremb. medical bills, give me the odd year tax deduction, and of course up my child support obligation by twice as much.

IL order of 2001 states taht I am to have a phone number and location of my daughter at all times.

My ex moved in JULY to another town in FL and has refused to give me a new address.  She stated i'd have to find it on my own.  I did a computer seach and think I found it, but I can't be sure it is correct.  It is about 45 min. from pensacola.  THe think is my daughter still goes to school in pensacola.  Something fishy is happening.

I recieved in the mail two receipts for dr. visits that my ex paid.  according to the order I owe 1/2.  She however, refuses to use my medical insurance as she wants it dropped and added to kids care.  (not even gonna happen).  I have new medical insurance and do NOT have her address to send the new ins. card to.  the bills she sent me are either from where she works (I think as it is a business) and the ohter was left blank. She will not take the ins. numbers over the phone.

I overpaid about 60 in child support arrears due to her lawyer screw up.  My lawyer sent a letter stating that she needed to give me that money back.  Never has of course.

1.  Can I be held liable for the medical bills when I have no address to send the money to?

2.  How can I ensure my insurance is being used.  Do I send a certified letter with the insurance info to her old address (she hasn't lived there since july)?

3.  If she moves to Texas under my nose and another 5 hours of drive time each way is accrewed can she be held in contempt?

4.  If she moves to texas and lives there with my daughter will texas assume custody jurisdiction. Will IL still retain jurisdiction of child support.

5. I owe her 89.50 in dr. bills per the IL decree.  Can I subtract the 60 she owes me in overpaid child support and send payment 29.50 instead (assuming I am still responsible for the dr. bills even though I have NO address to send payment.?

facts:  Ex resides in Florida, I reside in IL.  Florida hold jurisdiction for custody/visitation, IL for child support.  Current IL divorce states mom is to keep me informed of residence address at all times. IL court order states parties are to divide all uninsured medical bills by 1/2.

I have reason to suspect my ex has moved from pensacola to another city close by (aprox. 20-30 min away). Although, I have contacted the school where my daughter attended in Pensacola and she is still in attendace there.

My ex called and stated that my daughter was taken to the dr. and they made her pay the entire bill upfront due to insurance problems.  Well because of a 500 deductable anyway I owe her for 1/2 of the 104.00 bill.  

Upon receipt of the bill from my ex, I called her and asked for her address (I told her I "forgot" the address.)

She stated "do NOT send it to MY address as your mail always gets lost." Send the money to my parents house.  

Okay yeah right, I do not believe it for a minute.  Obvisouly she has moved and for some unknown reason, doesn't want me to know.  Probably living with someone she shouldn't be.

I am scared to send the money to her parents house as the IL court paper is pretty vague.  It just states taht the parties are to split all uninsured costs.

I would like to send it certified with her sig. required for delievery.


1.  Can I send it to her parents house and it still count as sending the payment to her.  For instance, what if I send it to her parents house but she has her MOTHER cash it.  Then wouldn't it seem like a gift?

2.  Is there a way I can find out her new address and send it there?

3. If I send it certified to her old address, will they forward it to her new address; thus when I receive the green card back it will have the new address on it.

4.  Any other sugesstions.

Okay.... New order/amount was supposed to be deducted May 14 via wage withholding.   For some reason court NEVER sent over the new income deduction order to my employer.  I contacted them and they said a court order would suffice HOWEVER that because I was quitting employment with them it would be pointless at this time to enter it cuz by the time they got it started my employment with them would be over.  

So I have been paying the difference at my local court house.

The order mentioned that I could either pay the arreage off at once or pay 27 biweekly until it was paid in full.

I opted to pay it in full and did so.

Sooo.  Today I got to pick up my last check and  under garnishment where it usually says 70 it said O.

BUT....

There was a new deduction for this:  FAM/CHILD CSFX  with the amount of 163.00--- This is the first time this has EVER appeared on any check.

WEll I did the math = My new cs order of 136 biweekly + 27 for arrearge (even though it SHOULDN"T be deducted as I already paid it) equals 163.  So am assuming that the courts FINALLY sent it to Walmart BUT of course didn't notifiy them NOT to withhold the 27 for arrearege cuz I already paid it.

I sent my new employer the court order with a cover letter stating to NOT deduct the arrearage as I have already paid it in full ; so hopefully lthe correct amount will be deducted when I finally receive my first paycheck.

1.  Does anyone know what FAM/CHILD CSFX is.  Does it appear on any of your paystubs\?  Do you think that I am right in assuming it is the amount for the new child support amount + arrearage?  (What is throwing me off is the fact that my child support taken out is always listed next to garnishment.

2.  How do I get my 27 dollars back.  May seem trivial to you guys BUT i am NOT willing to pay her 1 dollar too much as she has made my life a living hell and has cost me over 10,000 in lawyer fees alone just to see my daughter!

Okay facts:

In 2002 mother (in FL) gave child, 5 yo daughter, to me(in IL) for unspecified time.  Child started 1st grade in IL.  Child told me of abuse her mother did to her so I got a lawyer.  Made ex made with allegations and child's maternal grandparents got irate at the fact I was going for custoday (as they were basically with my daugter 70% of the time in FL).

They make a lot of $$.  They paid for my ex's lawyer fees etc...  Well my attorney messed up and filed when my daughter had only lived in IL for 5 not 6 months.  My ex got my daughter back.  

She then witheld visitation for 2 years.  She then asked FL courts to modify my child support.  Florida denied based on jurisdiction of cs order still in IL.

So IL has cs jurisdiction
and FL has custody jurisdiction.

I was ordered significant visitaiton at the request of my ex (crazy I know as she witheld visitation for 2 years) (as I am sure she still really doesn't want my daughter, but is still getting a nice cs check even when my daughter is with me for t he 3 months).

Well my daughter has been with us for the summer now 1.5 months.  She has stated that the abuse still occurs and that her mother has ADHD and can't help herself.

She stated her mother:

1.  Beats her with a belt
2.  Slaps her in the face
3.  Beats her with a hanger
4.  Tells her she is gong to kill herself
5.  Tells her she should give her away

My daughter has stated that she would like to live with me.  She is 8 and will be 9 in Nov.

She even asked her mother if she could stay longer, mom said no you don't live there.  


1.  At what age does a child have to be in  a FL court  to have some say where he/she wants to live?

2.  If by chance ex lets daughter stay for extended period of time is it still 6 months for IL to get jurisdiciton even though the order states FL is the home state.  In other words can IL be made the home state?

3.  Is this a change of circumstance (Ie: the abuse) or the child's wishes

I would not like to make abuse allegations as last time it cost me 2 years with my daughter so if my daughters preference of where she wants to live  constitutes a chage of circumstane I would like to use that.

4. Is it possible to make a "deal" with the ex IE: still pay child support but gain custody?

Okay, facts:

new order entered April 25, 2005.  IM in IL she's in FL.  IL has jurisdiction.  They aren't taking out the new amount as of yet.  I will find out tomorrow why and how to ensure they do.

I was just offered a job with the railroad.  The training starts out the same as I make now.  But it has a lot more income potential that what I have now.

I obviously know that child support services will be notified.

1.  How do I get the railroad to withhold the child support?
2.  How do I get an income deduction order if that is what I need?
3.  Do I have to notify my ex of the new job.
4.  Will child support notify her?
5.  Can she ask for a modification one month after a new order?

Okay soc this question is from a friend of mine:

facts:

She has a 5 year old son from a previous relationship.  She was 16 when the baby was born.  He signed the birth certificate so the son has his last name.
The father  has had minimal contact the with son.  NEVER seen him in almost two years.

 Also, there has been allegations of sexual misconduct to his now girl friends son that went through our department of child services.  However, I do not believe formal charges were filed.  Although, the mother does NOT have custody of that child anymore.

He does not and never has paid child support.

1.  How can she legally get her son's name changed to her maiden name.
2.  Will the father have to be notified?
3.  Does the father have any say (can he refuse)?

Court agreed order entered April 25, 2005.   She filed for the mod of child support in Oct.  So there was an arrearage that dated back to Oct of 595.32.  I paid it in full last week through my local court house's child support department.  They sent me through the mail a receipt of the payment specifying that it WAs for the arrearage.  Although, the lady did NOT want to take it.  She told me to send it directly to my ex.  UHHH, I DON"T think so!

It was sent out Wednesday.  My ex says she hasn't received it yet.  I am not worried as I have the receipt from the child support people.

The court order states  
AGREED ORDER

"2. the father and mother though their attorneys have stipoulated and agreed to all terms and conditions herof, and request the court, without further notice to either party, to enter this order.

C. " effictive oct 15, 2004 my obligation for the paymeht of child support is set at 136., bi weekly.  A notice of withholding shall be issued to secure the payment of such support."  

D. As a result of the retro. of this order, there existes an arrearage in the payment of child slupport through Mar 21, 2005, of 924.00

F.  Father is entitled to and shall be given a credit against this arrearage of 328.68 for medical expenses incurred by the parties child and paid by father and for mom was obligated to pay (HENCE 595.32 arrearage amount)

F.  The remaining arrearage shall be paid at the rate of 27.00 bi weekly if not paid in full within 60 days of this order.


This order does NOT have either mine or my ex's signiture only the judges.  Then on the last page it says approved to its form and content which is followed by both of our attorneys signatures.

There is a typo in the above.  I did the math the arreareage of 924.00 is through april 21 NOT march 21.  

 My employer, Wal-mart, has an online way to see what my next paycheck amount will be (onlline paystubs).  I just checked and low and behold it is the same amount.  The extra 66.00 per pay period for the increase of child support was NOT taken out.

1.  Will the receipt from the child support people at my local court be enough evidence that I did indeed pay the arrearage to her if by some chance she claims to not have received it?

2.  What is the difference between and "notice of withholding" and an "income deduction order".  

3.  How long does it usually take before they start withholding the new amount from my check.  As it has been almost 3 weeks since the new order was entered.

4.  Where do I pay the difference?  Do I pay it to the court or will they take  it out of my check when they finally do start withholding (I do not want to pay her twice and never see the money again)

5.  Since there was a typo you suggested earlier not either not mention any thing to her or to have her sign something saying that the correct date was april not march (yah right, her sign anything which means less money for her).  Well obviously, I kow she will not sign   SO I am not mentioning anything.  I know she won't know the difference.  BUT will the child support agency automatically take it out anyway or does someone have to request them to?  (the court order states retro through march But the court order wasn't entered until April)

  I did not get to look at the order before it was entered.  My attorney all of a sudden sent the order in the mail with no notification that the settlement was done.  I would have found the above mentioned typo it I was.  

1.  If #5 is yes that the courts will auto. take out "payment" for march-april because I didn't get to see the agreement our lawyers were obvisouly fed up that my ex kept pro longing everything that they added the stip that said neither party had to be notified before it was entered.

Okay our agreement for child support was entered on April 25, 2005.

It states:

C.  Effective Oct 15, 2004, fathers obligation for the payment of cs is set at 136 bi weekly.  A notice of withholding shall be issed to secure the payment of such support.

D.  As a result of the retroactivity of this order, there exists an arreage in the payment of child support through March 21, 2005, of 924.00

Then it goes on to say that I shall be given a credit in the amount of 328.68 for medical bills my ex didn't pay me leaving me oweing her  595.32.

above it states my arreage through march 21 is 924.  That is INCORRECT.  I did the math..(I took 135 times 12 and then subtracted it by what I have been paying in child support)

F.  The remaining arreage shall be paid at the rate of 27 bi weekly if not paid in full within 60 days of the date of this order.

G.  The father shall be entitled to claim the parties minor child as a dependent for federal and state income tax purposes in odd numbered years and the mother shall in even numbered years.  Each party shall execute and deliver to the other any desired multiple support decloaration including, without limitation, IRS form 8332, or similar form, so as to effectuate the provisions of this paragraph.

My calculation show that THROUGH March 21 I should only owe 780 in retro child support.  If you add April's retro to the amount it comes out to exactly 924.  Obvisouly there was a typo in the order.  It should read through April 21 not March.

SO...

1.  Does the typo mess anything up?  Can she get double the retro in April because the court order states through march even though the amount is through april?  The new amount of child support has NOT been taken out of my check through april.  So, yes I do owe her retro through april.  

2.  Would she have to go back to court for the above to happen?

3.  Regarding the notice of  withholding:  I am unsure if I have to do anything.  Will the courts send this to my employer or am I required to do anything to ensure that my employer starts deducting the new amount of child support.

4.  The order does not state where or whom I pay the retro amount to.  Do I give it to the child support people or do I give it directly to her?

5.  In regards to the retro:  It states that I have 60 days to pay it or it shall be deducted bi weekly from my paycheck.   Will she have to go through the courts to get another notice of withholding if the retro is NOT paid by 60 days.

6.  Because this was an agreement between my ex and I will I have to still submit the IRS form to get my deduction as I thought that as long as there was a court ordered agreement that the agreement would suffice in place of the IRS form.  I could def. see my ex refusing to sign the dumb form or stalling till after taxes are due.
Hopefully these will be my LAST questions.

This post has no questions for you.  I just wanted to thank you for your help through my horrible ordeal.

Here is the outcome.

Last April I was awarded per agreement  wiht ex all summer, every other xmas, and every even yeared spring break.  The JUDGE ordered me to do all the driving for spring break and xmas, but she has to do 1/2 the driving during summer YEAH as she never had to before.  The judge also ordered that IL (where I reside) was to retain jurisdiction over child support (she wanted it transferred to FL guidelines where she lives.

NOw finally the child support modification has been ordered and filed YEAH.  Here is what the judge ordered:

I pay 136 biweekly (I was only paying 70 biweekly)

I owe 924 retro due to the new amount being ordered from the date of the filing for the mod.  BUT 325 has to be deducted from that amount because of the money she hasn't paid for our daughters medical bills!  So yipee again  600 instead of 924 is much better.

and the kicker:

I get the income tax deducation every odd year!!!!  WHOOPIE!  

This was done per agreement between my ex and I, so we actually never went to court in IL as she didn't want to drive here.


So needless to say I feel the order is fair as I do make much more than I did when the previous order was entered.  I am so happy!

Thanks so much....  I appreciate everything

Facts:

Ex is in FL, I am in IL.  FL court ruled that IL was to retain jurisdiciton of child support.

Ex filed for a petition to modify child support in IL . My child support will double bi-weekly.  Petition was filed Oct 15; therefore, new amount dates back to Oct 15.  

We agreed that I will pay 135 bi-weekly (currently I pay 70).  Also, in IL it is very likely that I will get the every other year tax exemption; therefore, we agreed to that too (actually her lawyer had to convince her that a judge would likely vote in favor of every other year and that it would be a waste of big bucks for her to drive to IL from FL for a court date) .  She was very unhappy because she gets the earned income credit (like 5000 each year).

We agreed that she would not have to show up in front of the judge in IL.  

As of today, ex still has not signed the agreement.  I believe it is becuase she is mad at the every other tax year exemption.

I would like to start paying towards some of the arreage that will result as soon as the order is set in place. I would like to be caught up when the new order starts.

Questions:

1.  How do I go about paying money towards the arreage now AND ensure it gets counted for the arreage and not as a GIFT?

2.  Was it bad that I said that she didn't have to appear in court?  Will a judge look down on her that she isn't there?

3.  If it is an agreement, I am not understanding why there has to be a court date in front of a judge anyway.  

4.  What if she never signs the agreement or ignores her petition to modify child support.  Will it eventually be dismissed due to lack of prosecution OR can she decide to prosecute 5 years later and then I really owe her a lot of back child support?  

5.  Any additional info would be appreciated if I am missing something.

After looking through my past statements from my lawyer in FL (I am in IL) from court that ended in April 04 I found two charges that referenced billing for WRITTEN motion to dismiss child support.  However, my lawyer NEVER did do a written motion as my ex's lawyer finally agreed that FL did not have jurisdiciton over child support.

I wrote my attorney and told him about the false charge.  I was not specific as I could NOT find the statement at that time.  After about 4 weeks I finally have received a response:

Dear Wally,

I apologize that this letter was delayed; however, my office was destroyed by hurricane Ivan.  In response to your letter I cannot explain or locate the referenced item you mentioned.  I can tell you that at one time I went back and forth whether to file a written motion to Dismiss;  I did research the issue and that may be what is referenced.  I remember you emailing me questioning why I was not filing the Motion to Dismiss.  I can only tell you to do with the bill what you beleive you have to.  If you need to discount my bill then multiply the time for the event by 12.50.  I have closed your file and do not have the time to retreive the material to resolove this matter.

Yours truely,

lawyer



The charge was billed in JAN of 04

Here is what it says:

1/15/04 start outline the MOTION TO DISMISS (which would reference written) .5

Then right under that on the same date he charges 1.50 for trial prep re:  waiver of jurisdiciton (which I am assuming would still be referencing the WRITTEN motion which NEVER exsisted NOR was ever written)  

I am assuming that the 1.50 waiver of jurisditction was in reference to the MOTION he never wrote due to on 9/19 9/22 and 9/23 9/26 9/30 he billed me for research for jurisdicitonal arguments for mtotion to dismiss with time equaling over 4 hours.

Therefore I am disputing the 2 hours he charged me for the written motion.  

currently I only owe him 250.00.  He charges 125.00 per hour; therefore, my bill with him would be paid in full after this dispute.

1.  Could you please help me write a SHORT and sweet letter that states my disputed two hours referenced above--- I am nOT good at this as I am unsure what exactly to write.

2.  Do you think what I am requesting is fair?

Myex wife (who resides in FL) has finally hired an Illinois attorney to modify the child support in Illinois.  We received this from her attorney:

A request for documents ( W2s etc...)

A Financial Affidavit was also included.

A motion to modify child support due to my income increasing and the expenses of the minor child increasing.

Here is the exact motion:

Comes now, respondent herein, EX WIFE, by and through her undersigned attorney, james e , and for her motion to modify child support1.
    1.  An order was entered in this matter on or about april 21, 2001 in which child support was set at 70.00 per BI MONTHLY pay period, based upon pertioners BI MONTHLY income of 703.66
     2.  A substantial chage in circum. has occurred since the entry of the judgment to wit:
             a.  The respondent (ex) verily believes the income of the petitioner (me) herin has increased.
             b.  the expenses of the minor child has increased.
.3.  Petitioners obligation to pay child support should be LOWERED to reflect his current income.

    Wherefore, the Respondent respectfuylly requests child support should be increased to the relevant statutory amount.

signed  _____ her mixed up attorney


 In the motion on the second number he states that a substantial change in circumstance occured in that my income has increased and the expenses of the minor child increased  Furthermore in number three the lawyer typed a typo he wrote... Petitioner's (me as I was the origninal petitioner for the divorce) obligation to pay child support should be LOWERED to reflect his current income.  Obvisouly he meant to say Increased.

Also in the beginning of the motion he states my BI MONTHLY income in 2001 was 703.66.  THat is totally untrue.  My cs agreement states that My BI WEEKLY inocme was 703.66 NET.


I have no problem with her child support being highered (as I make more money than i did then); however, I have our daughter for 1/4 of the year (all summer) and many long holidays.

She still recieves child support when I have our daughter for the long holidays

I do 3/4 of the driving to pick her up for our visitaiton.

I will be paying for for my daughter 100% when she resides with me over the summer.

I pay medical premiums and out of pocket expenses

I DO NOT claim her on our taxes.

I have to supply 100% of her clothing during our visits due to the mother providing clothing/shoes  that doesn't fit or that is stained (I have recipts for clothing I purchased)  I only have ONE pic. of a pair of jeans that do not fit as my computer crashed and all my other pics were deleted.  It was ordered in April that SHE provide clean clothing that FITS etcc.. So she is in contempt at this...

Also with my current finances I have NO leftover money in my account as I have been bouncing checks weekly due to high medical/lawyer bills.


--In the paperwork tha attorney sent me it is NOT listed anywhere about how I could put in a request to diviate from the guidelines.

1.  How do I include a request to diviate from the guidlines and request the child as an exemption on MY taxes with the paper work he gave me (he gave me NO petition only a motion)?

2.  Do I return copies ONLY to her attorney of do I submit copies to the court as well.

3.  What is the diff. between a motion (as this is what I recieved) and a petition?

4.  Antything else that you think may help my case of what I need to do.

5.  how do I go about asking for the child exemption for taxes?

6.  Does the typo mentioned above mean anything and what do I do to correct hwere he listed BI MONTHLY instead of BI WEEKLY?

information:

in april 2004 I won in court in FL for IL to keep con. exclus. juris. on child support.  As of today, ex has NOT filed for child support mod. in IL.

I pay 100% of insurance premiums and most (if not all) out of pocket expenses even though the decree states she is to pay 1/2.

I was awarded liberal visitation in court in FL as well.  Every summer from one week after school lets out until one week before school begins.  Although, ex let me pick my daughter up 3 days early and is letting me keep her about 3 days later than order states due to HER college class times.  I was awarded alternating xmas/spring break holidays as well.

I was ordered to do most of the driving.  All spring break, ALL xmas, and 1/2 of summer.

I pay child support the entire year, even when my daughter resides with me (for the entire summer AND long school holidays)

1. What is the probability that I can get child support prorated based on having my daughter EVERY year for about 1/4 of the year.

2.  What are the chances that I could be awarded to claim the child on taxes at least every other year?

3.  Any case law to support my case?

FOR ONCE THIS QUESTION ISN'T FOR ME! Although, it IS about the psycho ex...

Ex's current husband filed a restraining order against ex.  BUT before the restraining order was filed she was arrested for a domestic charge(Police arrested her, against his wishes, for unplugging phone when he called 911 and also for resisting arrest-she freaking wrestled wtih the office when he tried to cuff her- she also used the F word on the officer A LOT-i have a copy of the incident report).  The husband wanted to make things work so they moved in together.  WELL, big mistake because once psycho, always psycho.  She went crazy, kicked out his widows.... So he filed a restraining order against her and has his kid now.  

she found out and filed one against him.  Their court date is the same day; however, different judges.  I believe the court are both exparte-at least online it says his is.  Her time in court "may" be first though.  Although Im not sure.

So what happens when he filed and she filed in retaliation?  She's crazy.  Ive been through it ALL before.  Do teh judges talk to one another because they're both asking for custody in their restraining orders....

Uh, she came back with 10x's as much as she took there.  It's weird.  Im talking about new clothes- hollister and abercrombie- and old clothes.  EVERYTHING.  I dont get why her mom wanted me to mail EVERYTHING she bought her (even winter clothes) like 2.5 weeks ago.  Guess she was trying to scare us.  Sad thing is that Taylor didn't want to call her.  Im wondering if her mom got mad at her and just said something like take everything cuz you'll never live here again.  I could see her saying something like that.  I haven't talked about her mom at all except asking her if she'd like to call and tell her she made it.  I then made a comment about her mom totally decking her out for a new school year.  Although, the only thing I said, which I am admitting that I shouldn't have, was i wonder why she wanted us to send all your clothes back 2.5 weeks ago, even winter.  I SHOULDN"T have said that and now I feel bad.  Ive got to watch my tounge.   Oh i t's going to take a lot of work as her mom has said very hurtful things.  I need support!  Any o f you have step children whose parents are horrible to deal with?

But she bluffed the entire time about not sending her back.  I guess it is final now and I can rest my mind.

Some of you old timers remember me beginning 5 years ago when my ex gave me our daughter (IM IN IL, They were in FL) because "she had other things she wanted to get done with her life".  My daughter told me of abuse I filed in court.  Well my lawyer messed up daughter only lived her 5 not 6 months so ex got her back (ex answered order because she and her parents were upset about the abuse allegations).  THen they (ex and her parents) kept my daughter from me for approx. 2 years during court proceedings in FL (mainly to raise my c hild support).  WEll in 2005 I thought all was done.  12000 dollars later 3 different attorneys FINALLY we were totally done with all court and I ended up in a pretty good position.  LIberal visitation (all summer Splitting all major holidays and breaks) and child support was actually a fair amount!

Well guess what?  After all the thousands spent my ex has gotten PG and married the guy.  He HATES my daughter.  So you guess it.  During my xmas visitation she MOVED from Tampa FL to NY without tell anyone (including our daughter) and has asked me to keep her (again for an undetermined amount of time.)

SHe was suppopsed to sign an agreement for custody to me, but is since backing out.  (she's still getting child support from me ).  She wants to still have our daughter as a pawn against me.  So legally she won't do it.  FOr summer my daugher really wants to visit her mother and maternal family.  So she will, BUT summer starts at her only living in IL for 5 months AGAIN so if ex decided to keep her she could.  

But i still cannot believe I have her, AGAIN.

What would you do?

also posted this on socs page...

facts:  Ex resides in Florida, I reside in IL.  Florida hold jurisdiction for custody/visitation, IL for child support.  Current IL divorce states mom is to keep me informed of residence address at all times. IL court order states parties are to divide all uninsured medical bills by 1/2.

I have reason to suspect my ex has moved from pensacola to another city close by (aprox. 20-30 min away). Although, I have contacted the school where my daughter attended in Pensacola and she is still in attendace there.

My ex called and stated that my daughter was taken to the dr. and they made her pay the entire bill upfront due to insurance problems.  Well because of a 500 deductable anyway I owe her for 1/2 of the 104.00 bill.  

Upon receipt of the bill from my ex, I called her and asked for her address (I told her I "forgot" the address.)

She stated "do NOT send it to MY address as your mail always gets lost." Send the money to my parents house.  

Okay yeah right, I do not believe it for a minute.  Obvisouly she has moved and for some unknown reason, doesn't want me to know.  Probably living with someone she shouldn't be.

I am scared to send the money to her parents house as the IL court paper is pretty vague.  It just states taht the parties are to split all uninsured costs.

I would like to send it certified with her sig. required for delievery.


1.  Can I send it to her parents house and it still count as sending the payment to her.  For instance, what if I send it to her parents house but she has her MOTHER cash it.  Then wouldn't it seem like a gift?

2.  Is there a way I can find out her new address and send it there?

3. If I send it certified to her old address, will they forward it to her new address; thus when I receive the green card back it will have the new address on it.

4.  Any other sugesstions.

I am sure many of you remember me.  I have a psycho ex who until last year withheld visitation for approx 2 years.  She lives in FL me in IL.  She gave me our then 5 year old in 2002 due to "not having time nor money for her".  I took my daughter happily and still paid child support to my ex.  Then I made a mistake or should I say my then attorney.  My daughter told me her mom physically abused her.  I went for custody, but bcause my daughter hadn't resided in IL for 6 months (only 5) my ex got her back.  (it was my ex's parents behind everything becasue they had bascially been raising her in FL)

Then the visitation interference began.  I went to FL 3 times from IL to see my daughter each time visitation was denied.  Then in April of last year we went to court and this happened:

I was awarded every FULL summer
Every even xmas
every even yeard spring break

and...

my ex has to do 1/2 the driving during summer (good as before I have done it all)

ANd Child support was to retain IL jurisdiction.

I got my daughter last summer and for the first time i got to spend xmas with her in 2004

now child support has been figured:

I have to pay 136 bi weekly (before I paid 70) BUT it is still A LOT less than I should her attorneys mistake--- OH WELL!!!

I have to pay 924 retro because the new amount is dated back to when she filed BUT they are subtracting 324 due to her oweing me that amount in unpaid DR bills... So again 600 is much better than 924!

AND the kicker which makes everything much much much better:

I get to claim my daughter for income tax purposes every odd year!  YEAH! YEAH YEAH--  This was done per agreement wtih my ex as she didn't want to ocme to IL for an actual court date!

I feel that I have WON cuz this is much fairer than what she tried to con me out of last year my using my daughter as a pawn ( 450 per month cs, me doing all the driving, and no income tax deduction, FL jurisdiciton)  

Tell me what you think!  


I am done at last......

okay my daughter is coming for the entire summer.  I haven't seen her since xmas (that was my first xmas EVER with her!)  She is now eight.  Anyone have any ideas for inexpensive outtings/activities.  I also have a two year old so it has to be somethign he can do too.... HELP ME!  What do 8yo girls like!!!!!!