multi jurisdiction choas

[audster]

What is the name of your state?illinois
Ok here goes.....all parties live in the same county in Illinois, but mother and daughter lived in Indiana for several years.

1) mom filed for public aid in both states and got away with it for years, with me having to pay double CS...Judge wouldn't make her pay it back (that old excuse "stay at home parent") Mom and new husband have had several more children in the meantime. Finally got court order from judge to cease CS till obligation evens out with what was overpaid (this was in Indiana...at the time, mom lived there) Indiana had claimed jurisdiction and set standard visitation (every other weekend, christmas break, 1 month in summer, ect.)

2) Mother moves back to Illinois because of trouble with CPS in Indiana. She and new husband don't work, enough time has passed and they file for aid again. She starts to bug me for money again and I say "No, no ex of mine, you've been paid already. Then she gets mad and denies visitation (she claims her husband is not letting her send our daughter over) and then money starts coming out of my check again without warning. I call CSE and they say I owe them money because she has a public aid debt! OK, i tell CSE, but I have a court order stating I don't owe CS till 2008. They give me a runaround and say "We can grant exceptions to Court Orders if it's in the best interest of the child". I thought a Court Order was a Court Order!

3) Try to file contempt for denial of visitation in Indiana. They say can't help because she's now in Illinois. Try to file contempt in Illinois, they say can't help because its an Indiana Court order. Try to get an Illinois Court Order and they say "you've already got a Court Order, go talk to Indiana".

4) Go to Indiana to get them to drop jurisdiction and they say "the mother and child have a connection to the state. They are still on probation from CPS for neglect so we have to keep Jurisdiction."

I guess my questions are :

a) If the federal law says one state must give "full faith and credit" to another states Court Orders, am i within my rights to simply take the child from school on my weekends and through the upcoming xmas holiday?

b) barring that is there some way to force and uncooperative Sheriff into aiding me in enforcing visitation with an uncoperative CP?

c) The portion of the Court Order dealing with CS is directed to my employer (they've already seen it and state "we don't want to get involved") are they in contempt for taking CS out (i know this sounds wierd). Can they or CSE be made to reimburse me? I tried to make her pay it back but the judge wouldn't have it.

d) is there some legal step in enforcing a Court Order i'm missing and if so how do i go about it?

Sorry about the length gang...,.also I'm going to copy this into the custody and visitation forum, just to make sure none of you regulars miss it....i know it's redundant but, well CYA!

thanx
aud

 

[BL]

What is the name of your state?illinois
Ok here goes.....all parties live in the same county in Illinois, but mother and daughter lived in Indiana for several years.

1) mom filed for public aid in both states and got away with it for years, with me having to pay double CS...Judge wouldn't make her pay it back (that old excuse "stay at home parent") Mom and new husband have had several more children in the meantime. Finally got court order from judge to cease CS till obligation evens out with what was overpaid (this was in Indiana...at the time, mom lived there) Indiana had claimed jurisdiction and set standard visitation (every other weekend, christmas break, 1 month in summer, ect.)

2) Mother moves back to Illinois because of trouble with CPS in Indiana. She and new husband don't work, enough time has passed and they file for aid again. She starts to bug me for money again and I say "No, no ex of mine, you've been paid already. Then she gets mad and denies visitation (she claims her husband is not letting her send our daughter over) and then money starts coming out of my check again without warning. I call CSE and they say I owe them money because she has a public aid debt! OK, i tell CSE, but I have a court order stating I don't owe CS till 2008. They give me a runaround and say "We can grant exceptions to Court Orders if it's in the best interest of the child". I thought a Court Order was a Court Order!

3) Try to file contempt for denial of visitation in Indiana. They say can't help because she's now in Illinois. Try to file contempt in Illinois, they say can't help because its an Indiana Court order. Try to get an Illinois Court Order and they say "you've already got a Court Order, go talk to Indiana".

4) Go to Indiana to get them to drop jurisdiction and they say "the mother and child have a connection to the state. They are still on probation from CPS for neglect so we have to keep Jurisdiction."

I guess my questions are :

a) If the federal law says one state must give "full faith and credit" to another states Court Orders, am i within my rights to simply take the child from school on my weekends and through the upcoming xmas holiday?

b) barring that is there some way to force and uncooperative Sheriff into aiding me in enforcing visitation with an uncoperative CP?

c) The portion of the Court Order dealing with CS is directed to my employer (they've already seen it and state "we don't want to get involved") are they in contempt for taking CS out (i know this sounds wierd). Can they or CSE be made to reimburse me? I tried to make her pay it back but the judge wouldn't have it.

d) is there some legal step in enforcing a Court Order i'm missing and if so how do i go about it?

Sorry about the length gang...,.also I'm going to copy this into the custody and visitation forum, just to make sure none of you regulars miss it....i know it's redundant but, well CYA!

thanx
aud

First you file a Registration of foreign custody order with the State and local court she is located at now. Request a certified copy of the Custody/Visitation Orders that are valid, and either take them down, or send them by return receipt certified mail, with the request that they be registered in the new location. I'd also attach the child support ORDERS from both states. ( so it's on record there ).

Once you receive a notice that it has been registered, take it in for a modification there, and site the visitation interference.

Child support : File for a modification where the new order for garnishment was made. Attach the order suspending your payments until it equals out.
Request the newer ( unmodified from the prior valid order ) be terminated,and any payments taken from you be returned .

If you Petition is dismissed , or they uphold the CS order of garnishment and payments, file the objections, or appeals . Ask the clerks how to file , do it within the time frame allowed.

If , all else fails consult a Family Law Attorney.

These courts must communicate together on who has Jurisdiction.

You can also request in your Petitions of child support that the other Parties Petition be found as frivolous, because they knew a valid CS order was already in place suspending the CS payments ,and filed for it anyways,
The objection or appeals should be heard and reviewed by a Judge