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i have a temp (or maybe perm-not sure as in the "facts" section it states temp custody, but in the ordered section it states "custody") custody AGREEMENT- although my ex isn't in agreement anymore.
 
My daughter is set to visit her maternal family in FL for the ENTIRE summer.  about 2.5 months to be exact.

I am in IL, ex is in FL.  when I paid CS IL had jurisdiction and did all the calcs- she tried to get it changed to FL, but lost.

1.  Which state will figure her cs, IL or FL? I will file in IL though, i do know that.

2.  SHould I wait till after my daughter is returned (actually scared that mom is going to try to keep her as she says she is because i "tricked" her into signing the agreement) to IL from FL to file?

the order says taht she doens't have to pay cs until she finds a job.  Well she found one making roughly 28000 a year.  FL calcs that to be at 400 a month, IL figures it to be 300.

what does your court order state?  Unless it addresses it then I believe the person who had custody the LONGEST of the year is entitled to the exemption.  BUT if you won custody, BUT never changed your court order addressing the exemption, your court order overrules...

[posted on soc as well.  It's me wally, im back :(]

I live in IL (divorce originated in IL) Ex and child lives in FL (visitation order/transportation now has FL jurisdiction. IL retained jurisdiction over childsupport (which has insurance order listed for it to be provided by me).

Ex didn't understand that with insurance there is usually a deductable AND copay-out of pocket expenses. My insurance WAS 500 ded., but I recently changed it to 100.

Well that wasn't good enough for ex. She didn't like paying at all. So I am assuming that she applied for kidcare through florida as she asked me to drop my daughter from my policy so she could get her on kidcare-- I ademently RUFUSE.. She didn't tell them that I have my daughter insured. (I am assuming). She hasn't used my insurance in over 2 years; hence, why I believe she is using kidcare. So I have my daughter on my policy and use it when she is here for the summer.

1. Can I get in trouble if she did indeed file for benefits and lied about my daughter NOT having benefits provided by me?

2. CAn she get in trouble.

3. Should I call kidcare and tell them? I don't want to get in trouble.

4. What is the outcome usually for stuff like this?

5. Does it matter that I am in IL and she is in FL (as is my daughter?)

Yes, she has been here a month already.  She also doesn't want to leave she wants to stay here forever.... Its sad.

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:

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?

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......

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?

 

okay,  first off interstate cs cases SUCK!  First thing first.  GO NOW and file in YOUR state for child support.  If he files in his state first then HIS state will be the one that gains exclusive jurisdiction of the child support issues.  What this means is EVERY time YOU (or he) wants a modification of child support you will have to travel to HIS state.  However, if it stays in your state you will have less traveling.  Belive me I fought tooth and nail to have my child support order stay in IL (where I reside ANd where the order originated)  my ex fought for it to get modified in FL.  I won because the order was filed in IL so IL retained jurisdiction.  

Although, many states have diff. guidelines.  You may get more benefits with his state than yours or vice a versa as some states figure in med. benefits AND child care.  My state does NOT.  Her state DID.

pm or email me if you would like more information on the uifsa (universal interstate family support act)

Just wondering.  If we go back to court (she lives in FL me in IL) in IL (I won in fl court IL keeps jurisdiciton!)  for a child support mod. what is the probability in IL that I will get the support prorated due to having my child the entire summer and long school holidays (aprox 1/4 of the year)?  I also pay for the med. premiums 100% and have been paying most medical fees.  Also, what is the probability that I will get the claim the deduction on taxes as well?  I figure I have her for 1/4 of the year AND pay child support  that I should be able to at least claim her every other year.  What do you think.....