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where to file contempt/letter to oppos. attorney

Started by wallyworld, Nov 13, 2005, 03:33:48 PM

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wallyworld

Okay IL has child support jurisdiction, Florida has custody jurisdiction.

Original order of divorce is from IL.  IL divorce 2001 states:

i.  the mother shall advise the father of the child's current address and telephone number at all times

2.  The father shall keep and maintain a current policy of medical and hosp. insur. for the minor child; the parties shall equally divice any and all uninsured mecial, dental orthodontia, hospital, optical, nursing, psychiatric, psychological, preceiption drug or health aid expense incurred by or behalf of the minor child.Then it goes into child support.

The florida custody order dated April 2004:

It gives a new visitaiton schedule, says that florida gains jurisdiction over cusotdy issues, and addresses the issue of trasportation expenses (basically says I pay for all visitation for xmas and spring break and she pays 1/2 for summer).


NEW IL Child support (APRIl 2005) order states It is the most recent order in the case:
1.  Jurisdiction is conferred by the IL marriage and dissolution of marriage act, 750 ILCS 5/401 et seq., however, this ORDer does NOT confer jurisdiction in this court to hear custody claims which have previously been ruled to be within the jurisdiction of the state of FL, the home state of the minor child.

2,  The father and mother, by and through their attorneys, have stip. and agreed to all terms and conditions hereof, and request the court, without further notice to either party, to enter this order

G.  father shall be entitled to claim the parties minor child as a dependent for federal and state income tax purposes in odd numbered years and the mother in even numbered years.  Each party shall execute and deliver any desired multiple support declaration including, without limitation, IRS from 8332, or similar form, so as to effectuate the provisions of this paragraph.

I>  All other terms and conditions of the judgemtn of diss of marriage entered herein, as amended and modified, and not inconsistent with the foregoing shall remain in full force and effect.

SIgned by judge.

i have no idea what hte address of my child is.  mother has sent medical receipts for our daughter with nO return address demanding payment (not using my insurance of course)

Mother stated, she is nOT married to me anymore so she does not have to give me any information.  told me to find out on my own.  To send all payments to her mothers house.  I have no guarentee that she will reciefve it there as I am not on speaking terms with her family.

I just called her number (only number I have) and of course it is now disconnected.

earlier this year mother stated that she did NOT agree to the IL recent order granting me the tax deduction and will not give me any forms.

1.  Do I file for contempt to get  recent address and telephone number in FL or in IL?  I am so confused!

2.  I realize mail can be forwarded, but that will not give ME her current  address.  Can the courts look down that I did not send payment for my half of the medical bills to her old address (expecting it to be forwarded)?

3.  Should I send payment/insurance info to an address I know she no longer resides at.

4.  Will the courts look down on me for not sending it to her par ents house even though I have no idea if she will acutally get it there.

5.  If she files for payment of medical bills will she have to file in IL or FL?

6.  If I file for income taxes first and send a copy of the AGREEMENT will that entitle me to the tax deduction.

7.  What happens if she files first for taxes claiming my daughter?

8.  Should I send a letter to her attorney regarding any of the above?  What should it say?

9.  I wish to do everything without my attorney.  I have a letter from him stating"enclosed you will find the agreed order that concludes my rep. of you in the matter involving your ex-wife and the mod. of child support.  Does this mean I can do everything free and clear of him?


socrateaser

>1.  Do I file for contempt to get  recent address and
>telephone number in FL or in IL?  I am so confused!

You will need to file where the mother and child live in order to enforce the contempt. And, you will need to effect personal service on the mother.

Why don't you ask your daughter for her address? Or, contact her school and get a copy of the child's records, which will include the mailing address.

>
>2.  I realize mail can be forwarded, but that will not give ME
>her current  address.  Can the courts look down that I did not
>send payment for my half of the medical bills to her old
>address (expecting it to be forwarded)?

Anything's possible, but I doubt that a judge would be angry with you for not sending payment when you don't have the other parent's mailing address and that parent is legal obligated to keep you informed of her address.

>
>3.  Should I send payment/insurance info to an address I know
>she no longer resides at.

I wouldn't.


>
>4.  Will the courts look down on me for not sending it to her
>par ents house even though I have no idea if she will acutally
>get it there.

No.

>
>5.  If she files for payment of medical bills will she have to
>file in IL or FL?

IL.


>
>6.  If I file for income taxes first and send a copy of the
>AGREEMENT will that entitle me to the tax deduction.

Don't send a copy. The IRS won't know what to do with it. Wait until you get an audit letter, before trying to prove you're entitled to the exemption.

>
>7.  What happens if she files first for taxes claiming my
>daughter?

She gets the exemption, and then you'll have to prove that you're entitled to the exemption. So, I suggest that you file first. Be prepared to do so on the day that you receive your W2.

>
>8.  Should I send a letter to her attorney regarding any of
>the above?  What should it say?

Waste of time.

>
>9.  I wish to do everything without my attorney.  I have a
>letter from him stating"enclosed you will find the agreed
>order that concludes my rep. of you in the matter involving
>your ex-wife and the mod. of child support.  Does this mean I
>can do everything free and clear of him?

Yes.