PDA

View Full Version : Deadbeat Dad in another state Illinois


Illinois
07-18-2006, 08:07 PM
I live in IL. and my ex lives in Missouri. He owes over 5 grand in CS and owes for 1/2 medical and dental. He gets visitation every 6 weeks which we both meet half way. I did not have an issue with it when he was paying his CS but he has not paid in 6 months and still wants me to meet him half way. It costs me at least $120.00 every visit in gas. It stipulates in my divorce that I meet him half way but does that also mean that I have to when he is not even supporting his kids?

face1975us
07-19-2006, 08:04 AM
Unfortunately if he is not complying, you still have to. Besides, you abiding by the terms of the current CS/Custody Order works in your favor. Take him back to court and have the CS order enforced. You do not need to have an attorney to do so. You can also have the order modified if the 1/2 way meeting is no longer working for you.

If he does not have a job, the judge will typically order him to get one within a certain time frame. It may take a while however if he cannot produce evidence of having or seeking a job, he will be thrown in jail. Unfortunartely, that does not scare them enough so it needs to be done a couple times or harsher penalties issued by the judge.

mommyof4
07-19-2006, 08:13 AM
The only state that I am aware of that non payment of support can affect visitaiton is Washington state. Now, there may be one or two other states that follow that principle, but Missouri and Illinois are not one of them. CS has nothing to do with visitation. You need to file for contempt that he is not paying his CS as ordered by the court.

Illinois
07-19-2006, 03:29 PM
If I order him in contempt of the CS order what does that exactly mean that I ask that he either get a job in a certain amount of time and if he does not that he will go to jail? The only problem is he is already is working but will not give me the info to his current work place. My kids went for a visit and said he is working.

face1975us
07-20-2006, 08:03 AM
You would have to file a Motion for Contempt with the court. If he has a job but has not provided that information to the IL Child Support Enforcement agency, then you will have to specify in the order that he muct produce that information on the assigned court date. In the event that he turns up at the hearing saying that he does not have a job, the judge will give him a certain timeframe to get one and schedule another court date. Depending on the county and the judge will determine how many chances your ex will get before more harsher measures are administered by the judge - such as issuing a warrant, assigning additional fines/penalties, etc. If he does not show up to court, the judge will ask you for proof (copy of a certified receipt) showing that your ex received notice. I think at that time the judge will issue a warrant or judgment against your ex for the back child support.

xena
07-20-2006, 02:00 PM
If I order him in contempt of the CS order what does that exactly mean that I ask that he either get a job in a certain amount of time and if he does not that he will go to jail? The only problem is he is already is working but will not give me the info to his current work place. My kids went for a visit and said he is working.
Just for future reference: YOU cannot ORDER anything. You can file motions or petitions and REQUEST that THE COURT order specific things, but you yourself cannot order anything. (You probably already know that, but the way you worded your post, I wasn't sure).

Is he paying anything at all? Either way, you can either file a contempt motion yourself (which in your case, I don't recommend) or you can contact the CS enforcement agency so they can file. As long as you know where he lives the CSE agency will do the rest.

face1975us
07-21-2006, 09:12 AM
Thanks Xena... I reread my post and obviously had Orders rather than Motions on the brain!!! Only the judge can Order the ex to do something.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements