Illinois/Wisconsin Child support Issues

[BDIL]

I am the father who has the majority of physical placement of my daughter with joint custody.  We live in Illinois but mother lives and Wi where my daughter was born.  After getting her out of foster care I received the majority of the custody 70/30.  There was no child support in place for 4 years until Mom applied for daycare assistance in WI.  So who does WI come after, me.  In WI, since I make significantly more than her I had to pay her roughly $100 a month in child support since my lawyer did not show up to the case.  Well we went back and the judge terminated the child support agreement since I have her the majority of the time.

Since there is no longer a child support agreement in WI, can I simply go file for child support in Il. since they do not care how much each party makes?

I am thinking since there is no child support order in place they will hear my case without getting the authorization from Wi first to have it moved to Il.  What are your thoughts?

Another question is there has been nothing ever put into our court orders about taxes each year.  Since I am the supporting parent the majority of the time can I file each year and claim my daughter or since it is technically joint custody do we switch each year?  We have alternated in the past based on good faith but I am sick of her getting a free ride.  Since there is nothing in the court order can I claim her anyway?

[ocean]

If the case was heard in mom's state you will have to get it moved to your state first then file child support. Sometimes the old state will not let it go if one parent is still living there.

If there is nothing about taxes, then it goes by IRS law which gives you the tax break. BUT first one in, wins....so file first and let her deal with them directly. If she files first, yours will be tossed back and you will have to prove you have her more time. If you mail in your taxes, copy your court orders giving you custody. That should help if she already filed.

[MixedBag]

I think that the first thing you need to understand is that YES, there must be an order in place if a JUDGE terminated your agreement.

A judge here in AL once told me that for taxes it's assumed that the CP gets to take both children on the taxes......so I politely asked him to make sure that's clear in the final order because too many people pick up the order and they have an opinion of their own.  He did....it's clear now.

As for CS....once again, IMHO, that gets tricky and complicated because MOM is still in the original jurisdiction.

You're new here -- and that actual subject of "Where is jurisdiction?"  is like asking "Where's Waldo?"  It seems as if the LAW is clear, but then you have different judges interpret it, and therefore different results.

IMHO, jurisdiction stays in WI because MOM is still there and it's not an "inconvenient" forum because you're just over the state line (if I understand that right).

On the flip side, I believe it's NYParent who lost the jurisdiction subject when BM fled with child and moved to Texas. 

So you do some searches on key words and read up on different folks' experience in the matter.

My own personal situations have crossed state lines -- and my EX#2 even had one position and then flip flopped later down the road (yeah, gave me a chuckle!).

Personally, I'd file in WI where SHE lives because of the fact that WI has "personal jurisdiction" over her -- the ability to reach out and punish when she doesn't follow the order.  IL won't reach over the stateline and touch her.

Good luck.

[gemini3]

I would file in IL and let your ex fight jurisdiction if she wants to.