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Author Topic: IL vs TX  (Read 1618 times)

awakenlynn

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IL vs TX
« on: Jun 13, 2007, 10:41:48 AM »
Well, TX finally admitted that they used fraudulent material from the ex and that they were illegally taking child support.  Will it do anything? No, but I guess it was a step somewhere.

We found out IL was holding us in arrears since TX never notified them that they were taking out child support.  IL cannot accept TX pay history unless it is cerified and an IL judge allows IL to accept the payment as credit.  IL circuit clerk said a judge will do this on a good day, and refuse to on a bad day-making us go to court again to get the pay history accepted.  

TX said they were contacting ex and telling her she had 48 hours to either decide to set up an interstate case, in which IL will be able to accept our payments, or for ex to start proceedings to change legal jurisdiction to TX.  Hhhmmm, which do you think she'll take.  If she doesn't respond in the 48 hours, then they will drop our entire case and ex won't be recieving child support because it will be being paid to IL to cover the arrears AND they will refuse to be involved again.

It is a pity they won't sue her for fraud.

The problem then is that TX statutes clearly state that unless the NCP has specific ties to TX (there are 8 listed) then ex MUST create an interstate case in the state the NCP lives.  We now live in IA.

TX says that even though the statutes are there, that is not how they do it anymore and that since ex and child live in TX, then TX will have jurisdiction of child support.

To me, that still makes it illegal.  They choose to willfully violate statutes that are spelled out specifically.

Well, back to court again.  We also have to try to keep our IL visitation order legal (as ex is trying to vacate it) and see if TX courts will give us joint legal custody, because it wasn't set up to handle the different TX laws.

Lynn


 

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