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  1. #1
    Join Date
    Apr 2011
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    2

    Default Paying Child Support in Two States

    My question involves child support in the State of: TX & IL

    I pay child support through the state of IL. It's automatically withdrawn from my paycheck. I like it that way since I'm active military and in Iraq. My ex-wife has moved to TX, and is telling them that I don't pay child support. So TX has placed a 'hold' on my savings account (joint account with my wife). First, is this even legal? Second, how do I correct it, since my lawyer in IL says that he probably doesn't have jurisdiction (even though it's a crime to take a child out of IL without the court's permission). Texas says I owe them back support, but won't actually talk to me about the case since they say it's in IL.

    Meanwhile, my wife and kids at home have a frozen bank account, and I'm still in Iraq. Can someone please help me?

  2. #2

    Default Re: Paying in Two States

    I am not a lawyer but I am retired military.
    At your duty Station see the JAG. They can lead you in the proper direction.
    Give them all the information.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Paying in Two States

    It also likely isn't a "crime" to take a child out of IL without permission - at least, not in the way you seem to be thinking.

    Your attorney needs to get his act together and start making some phone calls; while he might not be licensed to practice in TX there's nothing stopping him from calling TX and showing proof that there's a) an order out of IL, and b) you've been paying faithfully and regularly.

    Do you know if TX actually has a separate order themselves? Or is it the IL case having been domesticated to TX?

  4. #4
    Join Date
    Apr 2011
    Posts
    2

    Default Re: Paying in Two States

    There is no second order through Texas that I'm aware of. The only time I've received anything from Texas, I called immediately and the people I spoke with (Attorney General) apologized and said that they don't have jurisdiction. Now I'm out of the country again and magically they do have jurisdiction and can freeze my bank accounts without a court order. Seems odd to me.

    In the IL statues it states that a court order is required to permanently remove a child from IL. Now, getting anyone to do anything about that is another issue. I'm sure if a Father removed a child though, there'd be an FBI manhunt.

  5. #5
    Join Date
    Apr 2011
    Posts
    20

    Default Re: Paying in Two States

    My friend had this happen to them (the frozen bank account) and now keeps all of his money in his new wife's account. Much harder to freeze if it is not a joint account. As for moving, judges tend to take it personally if you violate a custody order and move without the other parent's or court's approval.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Paying in Two States

    Quote Quoting jack1470
    View Post
    My friend had this happen to them (the frozen bank account) and now keeps all of his money in his new wife's account. Much harder to freeze if it is not a joint account. As for moving, judges tend to take it personally if you violate a custody order and move without the other parent's or court's approval.


    Given that the other parent is deployed, the court would not have denied the relocation even if Mom had followed every correct legal step and gone through the court system.

    And really - while it's true that the spouse's account if held solely cannot be touched, judges take a VERY dim view of funneling money that way when done to avoid a support lien.

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