change of jurisidiction

[Caroleann]

My divorce was in Illinois 3 years ago. 5 weeks after the divorce my ex "lost" his job, filed for a reduction in CS, and moved to Mississippi. Eighteen months later, he still was not working steadily and not paying support and I filed to move to Ontario. He had also stopped seeing the kids.

It has now been over 3 years since he has paid steady support and I still do not have a new, modified CS order. He continues to hide his jobs and money so nothing get finalized. I would like to move my case in Ontario where the children (and I) live.

1) Is this possible?

[socrateaser]

>My divorce was in Illinois 3 years ago. 5 weeks after the
>divorce my ex "lost" his job, filed for a reduction in CS, and
>moved to Mississippi. Eighteen months later, he still was not
>working steadily and not paying support and I filed to move to
>Ontario. He had also stopped seeing the kids.
>
>It has now been over 3 years since he has paid steady support
>and I still do not have a new, modified CS order. He continues
>to hide his jobs and money so nothing get finalized. I would
>like to move my case in Ontario where the children (and I)
>live.
>
>1) Is this possible?

If you mean Ontario, Canada, then no. Jurisdiction would now be in MS. If you mean Ontario, CA (or somewhere else in the USA), then yes, you can file with the Child Support Enforcement (CSE, DCSS, or whatever it's called where you live) agency in your new jurisdiction and they will contact the MS jurisdiction to try to obtain a new support order.

However, if your ex is particularly good at hiding income, you would likely be better served to retain an MS attorney to go after him directly, because the case may require more evidence to prove he is wilfully hiding income or underemploying himself. Of course, if your ex has very little actual earning capacity, then this will all be a huge sinkhole because you'll never get enough money to compensate for the legal fees, so you'll be better to let your state support enforcement agency handle it.

[Caroleann]

Ok, so how do I END the never-ending litigation in Illinois so I can file in Mississippi?

[socrateaser]

>Ok, so how do I END the never-ending litigation in Illinois
>so I can file in Mississippi?

You take your IL order and register it in the MS county where your ex lives, and then you file a motion to modify using the case number you receive from the registration.

[Caroleann]

Are you saying to file my ORIGINAL court order? My alimony was terminated, making my original order void and a new CS order has never been written. THAT is the problem.

[socrateaser]

>Are you saying to file my ORIGINAL court order? My alimony
>was terminated, making my original order void and a new CS
>order has never been written. THAT is the problem.

Well, I wouldn't say that is necessarily "the" problem, but it's definitely "a" problem. Also, it's not clear to me that your original child support order is void, simply because alimony was terminated, but without reading your case file, I can't really say.

Assuming you're correct, then you would file a new petition in MS to establish child support, have it served on your ex and away you go.

[Caroleann]

Ok, so how do I END the never-ending litigation in Illinois so I can file in Mississippi?

[socrateaser]

>Ok, so how do I END the never-ending litigation in Illinois
>so I can file in Mississippi?

You take your IL order and register it in the MS county where your ex lives, and then you file a motion to modify using the case number you receive from the registration.

[Caroleann]

Are you saying to file my ORIGINAL court order? My alimony was terminated, making my original order void and a new CS order has never been written. THAT is the problem.

[socrateaser]

>Are you saying to file my ORIGINAL court order? My alimony
>was terminated, making my original order void and a new CS
>order has never been written. THAT is the problem.

Well, I wouldn't say that is necessarily "the" problem, but it's definitely "a" problem. Also, it's not clear to me that your original child support order is void, simply because alimony was terminated, but without reading your case file, I can't really say.

Assuming you're correct, then you would file a new petition in MS to establish child support, have it served on your ex and away you go.