TDSingleton
Junior Member
What is the name of your state? Illinois
My friend, was divorced in the state of Illinois, final in 1998. His ex wife moved to England, where she remained until 2 years ago. At that point she moved to Florida. Their child is 16 soon to be 17. In September, he allowed the boy to move to Florida for the school year, with the understanding that she would sign papers giving her "temporary extended visitation". She owes my friend approximately 6000 in back child support, from when she was out of the country. Once the papers were drawn up, she refused to sign them, as they included 9% interest on the back support according to Illinois law. Once she had the minor child in Florida for 6 months, she filed papers in Florida, first to enter the original documentation from the divorce in Florida courtst and then to modify the existing order from Illinois. He promptly hired a Florida attorney, to question jurisdiction and defective process, and service of process. Now, it would seem to me, that Illinois would retain jurisdiction as the minor child and his father lived in Illinois for 16 years, where his father still resides. To me,it seems pretty open and shut under the UCCJEA. However, it is costing my friend, 7,000 to get it thrown out of Florida, with the potential to still have to fight again in Illinois. Does this seem right? Was she within her legal rights to file the modification order in the state of Florida?
Thanks for any input,
TDSingleton
My friend, was divorced in the state of Illinois, final in 1998. His ex wife moved to England, where she remained until 2 years ago. At that point she moved to Florida. Their child is 16 soon to be 17. In September, he allowed the boy to move to Florida for the school year, with the understanding that she would sign papers giving her "temporary extended visitation". She owes my friend approximately 6000 in back child support, from when she was out of the country. Once the papers were drawn up, she refused to sign them, as they included 9% interest on the back support according to Illinois law. Once she had the minor child in Florida for 6 months, she filed papers in Florida, first to enter the original documentation from the divorce in Florida courtst and then to modify the existing order from Illinois. He promptly hired a Florida attorney, to question jurisdiction and defective process, and service of process. Now, it would seem to me, that Illinois would retain jurisdiction as the minor child and his father lived in Illinois for 16 years, where his father still resides. To me,it seems pretty open and shut under the UCCJEA. However, it is costing my friend, 7,000 to get it thrown out of Florida, with the potential to still have to fight again in Illinois. Does this seem right? Was she within her legal rights to file the modification order in the state of Florida?
Thanks for any input,
TDSingleton