Need help on case law.

[sfowler39]

1. my daughter is now 20 with child.
2. divorced since 1991
3. I didnt see my daughter form age of 3 to 11 years of age considering ex-wife left the state and i didnt know where she was or had the finances to find her.
4. Payments were deducted out of paycheck and directed to the clerk of the court and then to Illinois public aid since ex wife was currently receiving public aid
5. In 1996 i went to court and informed the court that ex-wife was missing and child too, and asked to have the child support payments abated.
6. Abate went into effect in 1996 with no ending date to my knowledge or on order.
7. I found them in the state of missouri and told her to let me see my daugter or else.
8. She said ok, but she isnt coming back to illinois, and I must pay to have my daughter fly back and forth every other week so i can see her.
9. I told her i wasnt required to do this and she said use the child support money that i should pay even though its been abated for the airplane tickets.
10. I had no other option but to do this and I did - to see my daughter since I didnt see her for many years of her life.
11. I provided a check and also wired my ex-wife money to see my daughter per her request, if not she would have run away to another state and this would have costed me more money to try and find her.
12. She later movced to Wisconsin and which provided me an easier way of seeing my daughter and released me from paying for airplane tickets.
13. I then went to see my daughter but when I did she would only want me to provide cash or purchase clothes with the child support moneys that I gave to her.
14. She also told me since she is not on public aid for me to provide insurance and dental and such for my daughter - she told me to use my child support money for this too adn i provided this since it wasnt requried out of me to provide this per our divorce decree.
15. Now its 2006 and daughter is an adult and ex-wife now says I didnt pay child support to her besides only 2 payments for the 10 years since my abate order.
16 Now she went to the family services in wisconsin and they have come to illinois and served me with orders to pay back $20,000 plus with interest and totlaling $37,000.
17. I have provided to the court western union recipts and bank statements and checks signed by her, and I have called my bank to produde statements for the last 5 years and I have them and will be providing this into court within a couple of weeks.
18. The judge has now supponed ex-wife in to chicago to appear in court because she said i only gave her 2 payments which is clearly a lie.
19 The last time in court the state said that I wasnt to give her any moneyand that it was to be deducted out of my check and to the cleark of the court.
20. The clerk of the court told me and I have documents to sudstatiate this stating that public aid termated child support in 1996 and the clerk of the court said I owed nothing and they wouldnt take the money since I owed nothing. So i couldnt pay the clerk of the court.
21. The judge sad the per a supreme court ruling that all abate orders were only good for 6 months, How would I have known this and why didnt they start the child support back up then?
22. Noticing that the abate order now is only good for 6 months, I had to produce receipts and I have.
23. Court is trying to say its gifts because I am not supposed to give her any money.
24. This is weird because the clerk of the court and illinois public aid has termainated the case and dont want my money nor am i supposed to pay ex-wife any money. If I didnt pay ex-wife money i wouldnt see my daughter.
25. So now the next court date ex-wife is to be summoned in because of her statement she made on paper stating that I only gave her 2 payments  which the judge see clearly is a lie.
26. He also stated that he will honor my payments to her- if the moneys owed by me are to be directed to the ex-wife and not the state. Which we found is to be directed to the ex-wife and the state of wisconsin has no vested interest in this since she wasnt collecting aid.

Question is what are your ideas and do you think i can count the airplane tickets that I had to purchase to fly my daughter back and forth just to see her?

Question ex-wife alliennated me from my daughter for years and i dont even really have a decent realtionship with my daughter since all this happened and its not me who left but it was her who forced me out of the picture all these years.

Question what can I do legally to prove all this wrong doings and get real justice. Ex wife is just trying now to get paid for raising my daughter now and thats how I see it. I paid my ex-wife and gave all i could give and did so much to be a good parent in the limited time that she allowed me to be in the picture and now she is trying to extort this money out of me and legal expeses are hurting with my lawyer at 200$ an hour and bank statements costs and western union fees and southwest airlines wants 20$ an hour to recover reciepts for me to produce in court to prove I paid for tickets to see my daughter and to have her see me. What kind of stupid system is this. This is our legal system.
I hope that when I go to court that they honor all my receipts and dont call them gifts, the judge said he would but you never know what could happen with our legal system.

please respond to me at [email protected]

any suggestions or case law i could give to my lawyer would be greatly appreciated.

[mistoffolees]

You might want to ask Socrateaser to get a legal opinion - but I'd rely on what your lawyer tells you. If you don't think your lawyer is any good, get a different one.

[leon]

if I understand you correctly, you said the daughter was coming after you for alledged back support, she has no legal standing, nor any right, and yes there is a couple of cases on this, better yet, its just a benefit, and there is no personal right's to benefits,(that has been held hundreds of times) the daughter has no legal standing period. The Secretary did not grant personal rights to recipients of Support, and where no personal rights exist, and its not clearly in writeing, then there is no vindication.