What is the name of your state (only U.S. law)? Kansas/Ohio, possibly Illinois
My ex husband and I divorced in 2004. We lived in Kansas at the time I filed for divorce. During the divorce he moved to Ohio. The divorce was finalized in November 2004. At that time I was paying nothing for daycare or insurance (I decided to provide health insurance its in the order). After a few months daycare went up considerably from 0 to 250 a month and my health insurance was no longer provided free of charge from my job (was still low at 100 a month for the family plan). I contacted a lawyer in Dec of 2006 and the court date was January of 2007. In the motion I was petitioning for a raise in child support and to have supervised visitation. He had not seen the kids in 2 years and phone calls came once every month or two. I was concerned the kids didn't know him well enough for extended visits and was also concerned that he wasn't taking his medication for his bipolar. He was very abusive (physical and emotional) to me while we were married and he wasn't on his medication.
He never showed up to court, so a journal entry was made, granting me all I was going for. After that he didn't call the kids for almost a year. November of 2007 was the last child support payment I received, except for income tax return garnishments. Every piece of mail that I send him is returned. He refuses to give me his address, just tells me to mail everything to his grandfathers. Of course grandfather sends certified letters back, and I always send anything to him certified, so I have proof he received it.
After my court date, Kansas contacted Ohio to start the interstate case. Ohio took my ex to court and raised his payments to include some back support to get him caught up but he still hasn't paid anything. He is currently over $11,000.00 behind.
In June 2008 the kids and I moved to Illinois with my fiancee, Ben. The move was mainly to be closer to family. Ben's family lives here by us and the kids' and my family live in Ohio only 6 hours away. The first thing I did when we moved to Illinois was to contact Ohio and Kansas to update information. Kansas at that time told me I did not have to transfer my case to Illinois since it started in Kansas, I will always have to go back to Kansas for any visitation or support related cases. Ohio told me the same thing.
This past Monday, I saw on the Ohio clerk of courts website there is a case pending between myself and my ex husband. I never received any information, and so I was concerned and curious. I called Kansas to find out what was going on since I was told to never contact Ohio with any questions. Kansas then told me I needed to contact Ohio and ask for a direct application or contact Illinois and get them on the case, since it is illegal for Kansas to enforce the case. My caseworker told me that since I moved and my ex didn't, Ohio is now the non moving state. Every thing must now go through Ohio including anything about visitation.
I called Ohio asking for a direct application, since I figured it would just be easier to have Ohio fully on it, if I had to do all case work there. When I called Ohio, my caseworker told me I needed to talk to my Kansas caseworkers supervisor because what she told me wasn't true. That I will always have to go through Kansas.
At this point I was completely confused and frankly a little frustrated. I called Kansas back and was told by the customer rep. that my caseworker was wrong. That she had never heard of Kansas being taken off the case even after a move.
My ex is also saying that its now an Ohio thing and he can file to change visitation in Ohio. I have been told so many different things, my head is spinning.
This is what I do know:
There is a court date for May 15 for a motion to show cause with my ex being summoned to appear.
I need to get a lawyer (however I am unsure if I need a Kansas, Ohio or Illinois one)
I hope he files for a change of visitation, he can prove he is doing well and is on his meds or taking care of the bipolarism, and follows through with visiting the kids.
Things I don't know and need any and all advice on:
Which state do court proceedings go through Ohio Kansas or Illinois(now the home state of the kids)?
What is a "motion to show cause" and what will happen at the upcoming court date?
Any and all advice will be welcome and I hope someone here can shed some light on this for me. I am sorry this post was so long and thank you for reading!What is the name of your state (only U.S. law)?
My ex husband and I divorced in 2004. We lived in Kansas at the time I filed for divorce. During the divorce he moved to Ohio. The divorce was finalized in November 2004. At that time I was paying nothing for daycare or insurance (I decided to provide health insurance its in the order). After a few months daycare went up considerably from 0 to 250 a month and my health insurance was no longer provided free of charge from my job (was still low at 100 a month for the family plan). I contacted a lawyer in Dec of 2006 and the court date was January of 2007. In the motion I was petitioning for a raise in child support and to have supervised visitation. He had not seen the kids in 2 years and phone calls came once every month or two. I was concerned the kids didn't know him well enough for extended visits and was also concerned that he wasn't taking his medication for his bipolar. He was very abusive (physical and emotional) to me while we were married and he wasn't on his medication.
He never showed up to court, so a journal entry was made, granting me all I was going for. After that he didn't call the kids for almost a year. November of 2007 was the last child support payment I received, except for income tax return garnishments. Every piece of mail that I send him is returned. He refuses to give me his address, just tells me to mail everything to his grandfathers. Of course grandfather sends certified letters back, and I always send anything to him certified, so I have proof he received it.
After my court date, Kansas contacted Ohio to start the interstate case. Ohio took my ex to court and raised his payments to include some back support to get him caught up but he still hasn't paid anything. He is currently over $11,000.00 behind.
In June 2008 the kids and I moved to Illinois with my fiancee, Ben. The move was mainly to be closer to family. Ben's family lives here by us and the kids' and my family live in Ohio only 6 hours away. The first thing I did when we moved to Illinois was to contact Ohio and Kansas to update information. Kansas at that time told me I did not have to transfer my case to Illinois since it started in Kansas, I will always have to go back to Kansas for any visitation or support related cases. Ohio told me the same thing.
This past Monday, I saw on the Ohio clerk of courts website there is a case pending between myself and my ex husband. I never received any information, and so I was concerned and curious. I called Kansas to find out what was going on since I was told to never contact Ohio with any questions. Kansas then told me I needed to contact Ohio and ask for a direct application or contact Illinois and get them on the case, since it is illegal for Kansas to enforce the case. My caseworker told me that since I moved and my ex didn't, Ohio is now the non moving state. Every thing must now go through Ohio including anything about visitation.
I called Ohio asking for a direct application, since I figured it would just be easier to have Ohio fully on it, if I had to do all case work there. When I called Ohio, my caseworker told me I needed to talk to my Kansas caseworkers supervisor because what she told me wasn't true. That I will always have to go through Kansas.
At this point I was completely confused and frankly a little frustrated. I called Kansas back and was told by the customer rep. that my caseworker was wrong. That she had never heard of Kansas being taken off the case even after a move.
My ex is also saying that its now an Ohio thing and he can file to change visitation in Ohio. I have been told so many different things, my head is spinning.
This is what I do know:
There is a court date for May 15 for a motion to show cause with my ex being summoned to appear.
I need to get a lawyer (however I am unsure if I need a Kansas, Ohio or Illinois one)
I hope he files for a change of visitation, he can prove he is doing well and is on his meds or taking care of the bipolarism, and follows through with visiting the kids.
Things I don't know and need any and all advice on:
Which state do court proceedings go through Ohio Kansas or Illinois(now the home state of the kids)?
What is a "motion to show cause" and what will happen at the upcoming court date?
Any and all advice will be welcome and I hope someone here can shed some light on this for me. I am sorry this post was so long and thank you for reading!What is the name of your state (only U.S. law)?
