My ex-wife and I have been divorced since 2013, and she has had legal and physical custody of both of our children. They are now 15, and 17, and have moved from here custody (illinois), to my custody (minnesota). the court is still taking child support out of my paycheck and it is being to sent to her, and she has made no effort to send it back. She now resides in north carolina with her new husband. As far as change of venue goes, if there a specific form to fill out to have it changed to minnesota, and is there any other specific custody forms we need to fill out?
1 Answer from Attorneys
Hello. I urge you to address these issues pronto. In law, there are just a few very, very limited exceptions when a change in child support would 'go back in time' (be retroactive), plus you said former wife isn't actually handing over the child support paid to you.
What exactly ought to be done will depend on knowing fuller facts. I urge you to carefully choose a qualified att'y at this time and let her provide you with detailed legal counsel now. I urge you choose a well exp'd att'y and one of us who is an active member of the MN State Bar Assn. Family Law Section of att'y prof'ls.
One special concern I have about what you posted is that you may be thinking you and former wife will cooperate and get oral agreements 'reduced to writing' - that would be wonderful, but unless there is something very, very odd to the facts, it is you who faces urgency not at all your former spouse.
Best to you and your children !