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if you have custody in court orders then she is not entitled to any CS at all and you need to let CSE know this.  Get someone on the phone and send them copy of the order if need be.

As for moving out of state, you will probably need permission from the court. If you decide to, you need to inform BM and give 30 (?) notice and she can file in court to stop it.  See if she agrees and you guys can draw up a new visitation schedule for her that is very fair. You may need to go to court either way though. I'm not quite sure about moving out of state totally. Only had to deal with moveaway within state.

At 9, I don't know how much judge will listen to D. He could say she is not involved at all and not allow her in court room as was done when our BM would bring the kids to court with her thinking they would be heard. SD was preteen at then time. You could ask for mediation then Evaluation and D would be able to talk the evaluator and let her wants known. But the judge will look at everything not just what she wants to make the decision. There is no cut and dry.

what has the CS been in the past. Were you paying her? Was she paying you? Were neither of you paying?  Is there even a CS order?

As for Custody.  Has custody actually been granted to your or her yet?  That will be your defense.  If you have been given temporary custody, then she has no right to CS and you need to let them know.  She may be lying to them stating she has custody.  She may not even be going on Public Aid. CS Enforcement is part of the Depart of Public Aid in IL. If she is going for public aid she may have named you as Father and that is why they are going for CS from you.

You need to give a little more info here.  Also you need to contact Public Aid or CS Enforcement and let them know the whole situation and all court orders that have been done so far even if custody for you is only temporary at this time.

both parents are allowed access to the children's records unless there is a court order stating otherwise.  So you can request all this information from the school, doctor's, dentists etc and they HAVE to give it to you.  We used to get report cards and everything sent home to BM to us from school b/c she wouldn't give him anything.  

Sometimes you will be met by resistance or be told they have to talk to the CP first but then just put your foot down and mention the law and your rights. There are very good letters you can use on SPARC so send if you want to go that route.  We never had a problem getting anything we needed.

That is the only way to keep her information out of it.  You can black out her SSN and name but her income will be part of the bottom line so nothing you can do.

it's your lawyer who doesn't want to file.  The difference is your X's lawyer had no problem filing.

So either get a new lawyer or file the paperwork with the state CSE division.  The later is a small fee based on income but it will take about 6 mos.  But they will file for CS for you and get it established.

Of course, just b/c ordered doesn't mean will ever collect a dime.

Where in IL are you?  I'm in IL too.  I may be able to point you in the right direction.

I hope they send it out SOON and not take forever and that he continues working there after he finds out about the garnishment.  And hopefully he doesn't have another garnishment being done b/c they can only garnish up to a certain % of check.

But anything is better than nothing right?  He's going to be paying you for the rest of his life if he keeps this up.

Since her ex is so threatening towards her, I don't know if she can or should do this on her own.  And she doesn't have the money for an attorney.

If you go forward with this, you are going to need to be very strong and firm. Don't let him push you around and don't let him make you back down.  Another concern, I'm sure he will find the money to come up with for an attorney no problem.

When he is threatening to you, is it to you alone or is he threatening to take son away from you as well? And do you think he would try to follow through?  

I feel for you.  You are in a hard position.  I wouldn't have closed with the state b/c they were doing all the work.  I would try again and if he starts his crap again I would go to the police and see about getting a restraining order against verbal abuse etc.

Good luck.

In IL there is provisions for college.  And CS continuing is a very gray area.  So that will be up to the descretion of the judge.  However, if he is contributing to her college, I don't see him having to pay CS during the Summer Months.  But I'm not sure how this exactly works.

so they don't take much taxes out so there isn't really anything to receive back and have taken by the state.

My X is the same as you guys is.  At the divorce, judge basically didn't order him to pay more than CS and part of medical b/c how he afford to pay 1/2 of day care etc etc if he doesn't have a job.  Didn't seem to care that this was voluntary unemployment and he had been "unemployed" for the last 5 years!!!!

But you are right, sometimes it just isn't worth trying to get what you know isn't going to happen anyways.  My X has an employer who "refuses" to take out CS even though has been sent many garnishments.  Must be nice and so coincidental to have an employer who won't pay the CS either.

CS is based on a percentage of net (or take home) pay for number of children have.  1 child means 20% CS.

Since the child is 5, the day care costs are higher right now then it will be when in school all day long.  Paying 1/2 of day care is normal.  

Questions on this:  is the day care part of the CS calculation or is it something that he will pay separately?  Hopefully it is separate b/c then as the amount decreases during the school year, then he should only pay that amount.

One thing he may want is have it that she have to provide him a receipt within XX amount of days and he pay 1/2 of that day care receipt to her in XX amount of days.  This way he won't be paying a set amount even if it was lower for whatever reason. You know she will want the full 1/2 if the amount becomes higher but will she actually tell him the amount is lower when it happens?

As for insurance, paying 1/2 of the cost is actually quite good.  Many have to provide insurance for the children and foot the bill in full.  Of course you will need to make sure the amount he is paying is 1/2 of the cost for child and not for BM and child.