Haven't received child support in 15 years

[Long Haul]

What is the name of your state? I'm not sure...

Divorced in California 1992, moved to Virginia in 1993
Amended Custody order issued in Virginia, 1994
Lived in Europe 1994 - 2006 (had permission of ex)
Current resident of Illinois, since 2006
Ex-spouse who owes child support lives in California and Nevada


According to the initial divorce decree in California, I should have been receiving child support from my ex-spouse in the amount of $300/month since 1992. I only received it for a few months, and then my ex stopped paying, and I never sought to collect it. The decree states that the support ends when the children turn 18, or 19 if still in high school. It also states that my ex has to pay for half the reasonable costs of a college education.

One of my children is 20, and a college student, and the other is 18, but still in high school, at least until May. I have recently become aware of my ex's whereabouts and improved financial situation, and would like for them to contribute at least to my childrens' college educations, and collect back child support if possible.

Do I need to seek a lawyer in Illinois, Virginia, or California?
Does a statute of limitations apply?

Thank you for your comments.

 

[Ohiogal]

Your ex spouse is either a resident of California or Nevada. Not both. You could domesticate the order in Illinois and file there for order to show cause. However currently you would have to file in Virginia though why Virginia ended up with the order if dad still lived in CA I don't know.

 

[Long Haul]

Ohiogal,

Thank you for your reply. To clarify, my ex, who claims to have homes in California and Nevada, has recently contacted my children for the first time in 11 years, so I don't know the actual legal residence status. When I filed for sole custody in 1994, the children and I lived in Virginia, so I filed there. I'm not sure if this means that the case was moved there, though.

 

[Ohiogal]

He was served with notice of the custody hearing in Virginia? He didn't dispute jurisdiction? Therefore jurisdiction was agreed to be moved to Virginia. That is where it remains. Until you domesticate the orders in Illinois as neither of you live in Virginia now. Then Illinois will have jurisdiction.

 

[Long Haul]

Thanks, I will try to find a good attorney in Illinois to "domesticate the orders," as you put it.

Any speculation as to the possible effects of the long time period in which I didn't collect, and the advanced ages of the children (who are now adults)? I would love to be able to give them a big chunk of money to help them get a good start in life.

BTW, my ex is a she, but I can understand how you would assume otherwise.

 

[Ohiogal]

Thanks, I will try to find a good attorney in Illinois to "domesticate the orders," as you put it.

Any speculation as to the possible effects of the long time period in which I didn't collect, and the advanced ages of the children (who are now adults)? I would love to be able to give them a big chunk of money to help them get a good start in life.

BTW, my ex is a she, but I can understand how you would assume otherwise.

Sorry. I thought I saw exhubby somewhere. I apologize. I normally don't assume male or female. Child support doesn't go away. Go for contempt.

 

[Silverplum]

I would love to be able to give them a big chunk of money to help them get a good start in life.

Unless your X is quite wealthy and decides to pay in a lump sum, that's a very unrealistic view of how that might work out.

Realistically, she would work out a payment plan.

 

[ProPerDoper]

Thanks, I will try to find a good attorney in Illinois to "domesticate the orders," as you put it.

Any speculation as to the possible effects of the long time period in which I didn't collect, and the advanced ages of the children (who are now adults)? I would love to be able to give them a big chunk of money to help them get a good start in life.

BTW, my ex is a she, but I can understand how you would assume otherwise.

Seems to me there are two issues here: Transfer of jurisdiction to Illinois, and then collection of past support. If it were me I'd first visit your local Superior Court Family Law Div, and ask for the court facilitator or self help center, if they have one. Find out what it takes to transfer jurisdiction. (or domesticate the orders)

Then I would look into the department that manages collection of support, whether it be the Department of Child Support Services, District Attorneys office, etc. If they have a system to collect as they do here in California, then much of the leg work will be done there, free of charge. I don't know about Illinois, but in California, if you're delinquent, they can be ruthless! Child support will be paid up period. They'll seize property, bank accounts, garnish wages, etc., and I believe that some agencies have services to aid in location of an obligor also.

Best of luck....I think that your kids would welcome the funds to help them get a start in life, and it's good of you to see that those funds go directly to them for that purpose!