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when to file for child support.

Started by wallyworld, May 28, 2007, 06:34:38 AM

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wallyworld

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.

Jade

>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.

Do you have a specific return date in the court order?  If not, see if there is time to get one before your daughter goes and get it signed off on by a Florida judge as well as one in your state (a lawyer will be able to tell you how feasible it is to get this done).  A vague one isn't going to help you.

And if she doesn't return your daughter, you need to take the court order and go pick your daughter up.  Call the police if you have to (which is why you need the Florida judge's signature, as well).

Hope that it doesn't go the way that you are fearing it will.  

ocean

I would wait and see how this plays out. If you send child, you want her returned. If she winds up going to florida...get all the paperwork and file as soon as she returns. I would not want to start up something until your child is back with you.