Where to file?

[nrccv]

Hello:

I received full custody of my daughter in January of this year. I live in Buffalo,NY the biological mother lives in Illinois.
At the time that my wife and I received full custody of my daughter we immediately filed for child support in New York and were told by the judge that because the mother resided in Illinois that we needed to file in that court.

Well, it's 6 months later and my daughter suffered a major mental health breakdown and now resides in a state psychiatric centre for the time being. With all the stress of her illness, I wasn't able to file in Illinois for custody.

Now that it's been six months since my daughter has resided with me in NY, I am now hearing mixed ideas where to file for the child support. My question is what state do I file for child support, and can I also fight to have her mother be responsible for at least half of all medical expenses???? Also, does it matter that the courts in NY at the time of awarding me custody put a no-contact order on the mother? She should still be responsible in some way right?

Thank you in advance,
nrccv

[KAT]

Most people think that child support & custody follow the child. That is not necessarily true. Unless NY has some sort of jurisdiction over your ex, you will have to file in Il. I checked the state website real quick & it looks like you can print out the application & mail it in.  You aren't going to be awarded anything prior to the date of filing so do file immediately. Yes, she'll probably be responsible for half the future medical expenses, but heck, she doesn't pay now what makes you think she's going to pay a dime in the future? Jail? Yeah, right. She's a woman, she doesn't have the right plumbing to go to jail for failure to pay. Yes, she is still responsible for child support even with a no contact order.
Sorry to hear about your daughter. I pray she is getting the help that she needs!
Good Luck!
KAT
PS, you might be able to file in NY, but the case will be heard in IL. Go the fastest route, direct to the county she lives in! You probably aren't required to attend unless you want to anyway.