My question involves a child custody case from the State of: illinois
My ex- husband and I have been divorced for ten years this year. Our kids are 13 & 16 this year.
He moved out of state last September. We did not get new papers drawn up regarding visitstion at that time or since then. I am the residential custodial parent.
He is over $15k in arrears, had been unemployed since August and had exhausted his unployment so he is not paying a penny to support the kids anymore.
I have been trying to open an interstate case through the child support division since he moved but the process is very slow and IL can't do anything to help as he moved away.
It takes one and a half of my paychecks just to pay the rent where we live, and then I have a car payment, utilities, insurance, groceries, etc. we have no family here and no one we can move in with, like he did, to save money.
As a result, I want to move to AZ where we have family, the cost of living is much cheaper, and I could rent a house for $600 a month less than what I pay in rent for our 2 bedroom apartment each month. I work from home and my job will allow me to move and continue with the company.
Do I have to go in front of a judge to request to move out of state since he is gone and not supporting his kids at all, or am I ok to move as he is already gone?
The other question I have is the kids are 13 & 15 now and don't want to go with him for weeks at a time for visitation anymore. They have always had to miss time with friends, birthday parties, and sports because their father told them it was more important to be with him than with their friends. Are they old enough now to make the decision to go or not to go, or do they have to go in front of a judge and share their desires?
Sorry for the LONG post and thank you in advance!
My ex- husband and I have been divorced for ten years this year. Our kids are 13 & 16 this year.
He moved out of state last September. We did not get new papers drawn up regarding visitstion at that time or since then. I am the residential custodial parent.
He is over $15k in arrears, had been unemployed since August and had exhausted his unployment so he is not paying a penny to support the kids anymore.
I have been trying to open an interstate case through the child support division since he moved but the process is very slow and IL can't do anything to help as he moved away.
It takes one and a half of my paychecks just to pay the rent where we live, and then I have a car payment, utilities, insurance, groceries, etc. we have no family here and no one we can move in with, like he did, to save money.
As a result, I want to move to AZ where we have family, the cost of living is much cheaper, and I could rent a house for $600 a month less than what I pay in rent for our 2 bedroom apartment each month. I work from home and my job will allow me to move and continue with the company.
Do I have to go in front of a judge to request to move out of state since he is gone and not supporting his kids at all, or am I ok to move as he is already gone?
The other question I have is the kids are 13 & 15 now and don't want to go with him for weeks at a time for visitation anymore. They have always had to miss time with friends, birthday parties, and sports because their father told them it was more important to be with him than with their friends. Are they old enough now to make the decision to go or not to go, or do they have to go in front of a judge and share their desires?
Sorry for the LONG post and thank you in advance!
Relocation: Moving Children Out of State After Non-Custodial Parent Moved Out of State (Illinois)
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