
Zaphod
recently joined
Reged: 05/20/11
Posts: 4
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Interstate support question
05/20/11 08:30 AM
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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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