If child support agreement is issued in IL then mom moves the child to CA does the IL agreement still stand? can CA modify it?

Asked over 1 year ago - Yorkville, IL

my ex gf and i had a court agreement that my child support would be $100/week and $50/week when laid off during the winter, in return, i would agree to let her move to CA with my daughter. After she moved i received a letter that the state of CA was going to be garnishing $125/week from my check. now that i am laid off the state of CA is telling me that i still have to pay $125/week out of my $200/week check. is their anything i can do about this? and how can they do that since we already had an agreement in IL?

Attorney answers (3)

  1. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . CA can modify it and has jurisdiction now.

    And child support goes on no matter what your job status currently is.

    If you want to modify, hire a CA lawyer.

  2. Judy A. Goldstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You now must litigate this case in California. You need to hire local counsel out there. CA is a large state, Where exactly did your ex move, and how do you go about seeing your child?

  3. Wes Cowell

    Pro

    Contributor Level 18

    Answered . The other answers are wrong.

    California and Illinois both have a law that determines which states rules in a case like yours. It's the SAME law -- word for word -- in both states. The law says that once a child support order is entered in Illinois, Illinois keeps "continuing exclusive, jurisdiction" :
    Continuing, exclusive jurisdiction to modify child-support order.
    (a) A tribunal of this State that has issued a support order consistent with the law of this State has and shall exercise continuing, exclusive jurisdiction to modify its child-support order if the order is the controlling order and:
    (1) at the time of the filing of a request for

    modification this State is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued;

    So, you might be able to write a letter to the court raising the CEJ argument . . .but the better practice would be to hire a lawyer in CA to knock the support case out of the CA court and bounce it over to the IL court.

    Questions? Call -- 312-987-9999 -- no charge, no obligaiton.

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