Zaphod
recently joined
Reged: 05/20/11
Posts: 4
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Newbie here. My ex is supposed to pay spousal and child support support. She (that's right) lives in Arizona, but is employed in Illinois. I live in Canada. She works from her home in Arizona.
She dragged me through the Canadian court for almost five years hoping to get spousal and child support from me, but the court turned the tables on her at trial and I got the spousal and child support awards. She simply returned the the US (she is American, I'm not) and has refused to pay a dime.
Spousal and child support are taken very seriously in Canada, but as far as I can tell, only child support is taken seriously in the US. Paying spousal support seems almost optional.
I am going back to Canadian court in June to get a "simplified" one page order (as opposed to the complex 30 page "reasons") so that I can file with a court in the US.
I'm finding the jurisdiction issues complex when the payor works in one state and lives in another. I would like to file in the Illinois court for wage garnishment. Will it be a problem that Illinois has jurisdiction over the garnishee, but not the payor. The law appears to read that the payor should have lived in Illinois for six months.
What is the normal situation when a payor lives in a different state from where they work. Is this a huge loophole in US law (it isn't a problem in Canada)? With "teleworking" this situation must be common by now.
The Illinois courts will honor a Canadian (Ontario) judgement as if Ontario were a US state. That's not the problem. It is the non-residency of the payor that is confusing me with respect to garnishment.
Any guidance will be greatly appreciated.
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hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
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lol. how about you get a job.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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Being both interstate and international, you will need a lawyer and probably some deep pockets.
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Zaphod
recently joined
Reged: 05/20/11
Posts: 4
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Under a treaty, Ontario is considered a state for these purposes, but the interstate thing alone seems complicated by the fact that the payor works in one state and lives in another. Deep pockets may be the solution. There is $250,000 in arrears involved, believe it or not. Almost exactly what my legal fees have been thus far. Divorce can be quite insane.
Hans, just got in from work. Thanks for the good advice.
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Fishergirl
addict
Reged: 12/06/08
Posts: 469
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Just curious how much she is supposed to be paying you if she is in arrears 250,000. wow
Also curious what your custody schedule is if she is in America and you in Canada.
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Zaphod
recently joined
Reged: 05/20/11
Posts: 4
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$4,500/mo for several years now. Custody schedule was Christmas, spring break and August. I had custody, but that is another insane story.
When we first broke up, I had custody. I sent him for a visit just before school started and she kept him. He didn't go to school that year and became severely addicted to video games. I got custody the following year, rationed the video games, got him off medication, and he did well in school.
Two years down the road, I sent him down for his August visit when he was 15. She let him hook his XBox to the internet, something I never allowed due to the severe addiction. I haven't seen or heard from him since and I hear from grandparents he never returned to school and only comes out of his room to eat.
I spent about $50,000 trying to get him back before I gave up. Once a kid turns 16, in Canada he can live where ever he wants. Also he was, at that point, two years behind in school which causes social problems. Now he is five years behind. Nineteen years old with a grade 8 education living somewhere in Arizona. Good luck with that.
The Canadian judge had several private conversations with the boy and wrote that the mother influenced ("alienated") him. The judge also told me I shouldn't expect to see him again until he is 35.
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WinterMama
recently joined
Reged: 05/16/11
Posts: 12
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Wow... I have no advice for you but just wanted to say good luck and I hope you can get what you want. Sounds like you've been on a tough road thus far. Good luck!
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yregna
veteran
Reged: 07/25/06
Posts: 1265
Loc: Oregon
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You better look straight down, are you SURE there is a penis down there ?
All of your postings make sense, IF YOU ARE FEMALE ! Otherwise, its a bit hard to believe...Do you really need that money that bad ? You need to consult kevin federline, you two should be two peas in a pod...
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"Anything free is worth what you pay for it..."
"Climate is what we expect, weather is what we get"
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Zaphod
recently joined
Reged: 05/20/11
Posts: 4
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Now how do you know I don't have to bend over to see it? Hmmm?
Hey, sometimes it is the male that gets screwed over in a divorce. Go figure!
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