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Author Topic: Transfering a case to a differnet / 3rd party county?  (Read 1394 times)

ptdadftpayor

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Transfering a case to a differnet / 3rd party county?
« on: Apr 25, 2014, 12:11:16 PM »
Ok so I have scoured the web trying to find any insight on this...

I have an active child support case since 2004 in Illinois where both the custodial and non-custodial parent have resided since the order was put into place in 2004.  Both parents have since moved to different counties where the original order was put into place, but have remained in the same state.

The non-custodial (me) parent is moving to WI in the next few months, which really isn’t as major move as it sounds since it’s a 20 min drive to the border and another 5-10 to the actual town, so visitation won’t be effected. The custodial parent also lives in a border town in ILL but further west.  Since 2004, the non-custodial parent’s income has changed several times due to job issues, and each time the non-custodial and custodial parent drive back to the original county for the hearing.

I understand the fact that I need to file a “motion to transfer” in the original county/state of the 04 order (IL), but my question is : When I file the “motion to transfer”, do I HAVE to request it be transferred to the county I will be residing/live in when I move to WI (well call it county A), or  can I file the motion and request it to a 3rd party county (county B) in WI that will be closer and more convenient to both parties?  Here’s what I mean…

County A’s courthouse where non-custodial will reside is a 45 min drive each way for non-custodial and a 80 min drive each way for the custodial to that counties every time there is a change or update.  Custodial parent has limited ride availability and can’t even make it to some of the court dates in the original county, which is 50-60 min each way for her.
County B’s courthouse the 3rd party courthouse is 30-40 min drive for non-custodial and 30-40 min drive for custodial parent.  County B is also where the custodial parent frequently goes to the doctor for checkups and who knows what else

So it obviously makes sense to both parties to a file “motion to transfer” to county B. My question is, is it acceptable/can you to file it that way?

I really don’t want to file the “motion to transfer” to county B, spend 1-2 months waiting for a court date and go in and have them say “you can’t do that” or it “must be in the county you reside in” or some other BS and have to wait for another court date, re-file the paperwork or drag the process out and further.  The clerks are far from helpful for any answer to this.

Please, anybody with experience your advice is most appreciated


ocean

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Re: Transfering a case to a differnet / 3rd party county?
« Reply #1 on: Apr 25, 2014, 02:52:26 PM »
No, child support cases stay either in 1. original court or 2. Where child lives now (and a request is usually made by custodial parent to move it closer to them). Never heard of a third party county taking over.

It is never moved closer to non-custodial parent and sometimes not granted to another state even when child moves out of state so parents do not go "shopping" to a better child support order. (some states have child support go to 21, others 18....).




MixedBag

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Re: Transfering a case to a differnet / 3rd party county?
« Reply #2 on: Apr 25, 2014, 05:41:37 PM »
I agree -- jurisdiction follows the child.

 

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