Chicago anyone?

[kaylene99]

Hi!
Wow..it's been a while since I've posted or visited this site.  I hope everyone's doing well. :-)

I'm going to cut through the chase and ask for advice/tips regarding CP relocation from Florida to Chicago.  Has anyone out there experienced this or have any knowledge regarding this?

My husband is the NCP.  CP is married and her husband "supposedly" got a job offer in Chicago that "doubles" his salary.  Both kids are in middle school.  My husband doesn't want to necessarily stop this move because he feels that it will enrich the kids' lives.  He just wants to see them as much as we see them now which is practically one weekend every month (wish it's more but it's hard when we do 100% of travel or pay for their airfare).  Our distance is 6 hours apart.

I know, I know.. this move will increase that distance.  However, CP mentioned that they will shoulder most of the travel costs since they are the ones increasing that distance.  We'll see.

My husband wants a LEGAL AGREEMENT to be drawn up with all the specifics and details that will then be filed to court.  I agree.  Aside from the visitation schedule and travel details, could you think of anything else that we should add to this legal agreement?  Adding a move-away clause can't be a bad thing.

Thanks in advance for any input.

[MixedBag]

Long distance custodial parent here....though both are emancipated now.

I know that when Dad was 4 hours away, and moved even further, the fact that there was "more"distance really didn't change much for me except of course the driving.

Do you already have a long distance plan set in place for time?  

AND the only other thing I can think of is phone time -- does dad get to talk to the kids often enough or do they play games?

Yes, turn this into a legal agreement signed by the judge.

Then hold their feet to the fire.

[kaylene99]

Hi MixedBag, how have you been?  Don't know if you remember me but I remember your nick around here.  It's been a while but I'm glad to see you oldschoolers in here. :-)

Yeah, I agree to have a legal agreement drawn up.  However, I don't know if the CP will be proactive in getting that done.  We feel that she should take a lead on it but I'm afraid it will fall on our lap again.  She told the kids they are moving after this school year.

We are not retaining our lawyer for this, by the way.  She told my husband that she will consult her lawyer (go right ahead!).  I feel that my husband and I are knowledgeable enough to state the specifics we think are fair when it comes to the time or contact with the kids.  The only thing I'm not so sure of is where to file it.  There was a relocation case in County A before but neither party live in that county.  She's in County B and we're in county C.  The relocation case in County A before involved CP wanting to move out of the country but we fought and won that case.  My guess is that we need to file there but I could call and find out for sure.

Thanks again for the input.  We'll see what happens here.

[notnew]

Kaylene,

Welcome back! I'm here under a new name and wont' reveal at this time, but it is great to see the old timers here for me as well. Mixed and I have been chatting quite a bit today.

I think you should take the initiative and file with what you want. She said they'd shoulder bulk of the travel burden, then make it clear in the filing. If your jurisdiction is in another county, I'd have a clause to keep it there. Who knows what the CS laws are in chicago and boy, you've got a lot of time to research!

If you wait for her to file,  you already know she may not at all and then they are gone with no agreement and not even the hint that one was thought about ahead of time.

I agree with mixed - telephone contact should be spelled out. A minimum at best with ability to contact freely other then specified times with no guarantee the kid will be there or return those calls. BUT the kid must be available at the designated times, etc.

Also, if you want to expand your summer time, maybe this is the time to do it, spring breaks, etc. It's up to you.

Good luck!

[kaylene99]

Hi notnew, I can't guess who you are, but thanks for your input. :-)

I believe my husband will send a friendly reminder to the CP to have her proposal/plan in writing for them to review.  I'm not holding my breath that the CP will do a fine job (if at all) on crafting a plan.  So, my bet is that we will have to come up with one ourselves.  Supposedly, she will consult her lawyer so I hope they really come up with one for us to review!  Wishful thinking, eh?

So far, I gathered that IL has an income factor model when it comes to CS meaning it is based on a % of the NCP's NET income for X kids.  Sounds a little better than GA where husband's CS was originally based on.  I also gathered that their school starts after Labor Day.  I can't believe I'm doing the research again but I'd rather do it than trust and believe what the CP is saying.  

I still do not know what county we need to file any agreement.  My gut tells me we need to go back to the county where the original relocation case was heard.  However, neither parties live in that county anymore so there goes the confusion.   Oh, well.  I'll find out sooner or later.

Take care!

[MixedBag]

stays where the last order was signed UNTIL someone asks to move it.

Then it will move with the child after the child has been there for 6 months.

But again, you gotta ask for it to move.

I say that because EX#3 started in OH.  Then SHE moved, then HE moved.  There was a part of the OH law that said something like "as long as there is on-going litigation, jurisidiction could not be changed."  HOWEVER, if I remember Soc's advice right, it's really hard to enforce a foreign order -- meaning it would be hard for EX#3 to enforce OH's order in NV, so go ahead and let jurisidiction move to NV where they can reach out and touch her easier.  OH's order had a bench warrant issued for her arrest that NV totally ignored.....see perfect example.

Anyways, even though EX#3's EX moved away from NV, jurisdiction for all their crapola stayed in NV.....and it's still NV, even though NO ONE has lived there for several years.  Now I'm out of it, and much happier.  No more of those headaches....

A judge in the old jurisdiction will probably just sign an order IF the parents do a "Joint Motion to Implement a Stipulated Agreement" with notorized signatures.  Just made that subject up, not an attorney, but it sounds right.

[Genie]

And I will say one thing, the cost of living is higher than in Florida. So the fact that he is making twice as much as in FL may just be because houses cost much more in this area.  You can expect to buy now for between 200 - 350K depending on the size and location.  My house is a 3 bedroom L shaped ranch, one car garage, full unfinished basement. 1 1/2 small baths upstairs.  Not a big house, not a tiny one.  It is worth about $222 - 250K.

I would definitely get the travel arrangements and who pays what in writing.  My X's xwife said the same thing when she moved 2 hours away.  She would do 1/2 the driving.  After she moved she had one excuse after another to not do it then finally said the court order stated X had to pick up and drop off at her house and that was that.  We eventually got it ordered in court but that was after years of doing all the driving.

CS in IL is based on take home pay. 20% for 1 child, 28% for 2, 32% for 3.....