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?
Divorce / Separation Lawyer
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.