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Old 02-21-2013, 09:04 PM   #1
Marathon
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Default Divorce decree in child support matter. Jurisdiction change.

Divorced with three minor children.
All three children live with their mother (my ex-wife) in Johnson County, KS.
PA Divorce decree July 2011 (Chester County--where we lived before divorce).
Ex-wife and children moved to Cook County, IL (June 2011)
Between June 2011 and October 2011 I exercise shared physical custody only two times.
Legal custody is never shared.
I moved to Cook County, IL in October 2011 (on a temporary basis).
Though we live in same town, only miles apart, but my ex-wife refuses to permit me to have access whatsoever to children for weeks (in violation of PA divorce decree).
I am forced to take legal action--attorneys file an emergency petition. This requires that our foreign (PA) divorce decree be entered into Cook County, IL. This is done. Cook County Court orders mediation regarding exercise of shared parental physical and legal custody (these custody issues were agreed and were so specified in our PA divorce decree--but a schedule is not established beyond the first three months--expired by this point in time). Mediation is successful, an agreement is reached, but my rights are seriously voluntarily diminished (prior shared physical custody is reduced in the mediated agreement to supervised visitation--I couldn't afford any additional legal battles and without a temporary schedule I was afraid it would take too long and cost too much to litigate and I needed access to my children). I suggested to ex-wife that we address child support in mediation. My ex-wife refuses to mediate child support. Access to children problem was temporarily solved (by the supervised visitation schedule).
Financial issues (unemployment) force me to move back to PA (to live with family).
Ex-wife files a motion for child support in Cook County, IL.
My ex-wife submits, on two occasions, fraudulent financial information. My lawyers ask for permission to pursue a subpoena (telling me I may recover some legal costs--then telling me I have no hope).
In July 2012, I move to Los Angeles County, CA for a job.
In December 2012, my ex-wife and three minor children move to Johnson County, KS (where they now live). The child support issue is still not resolved and the Cook County, IL legal fees are astronomical.
I am now interested in representing myself (possibly with assistance from a limited representation attorney) in pursuing the child support matter in Johnson County, KS.
My question: what specifically (forms) do I need to do to file a petition in Johnson County to domesticate the divorce decree (I presume it is from Cook County, IL and not Chester County, PA? Do I have any rights to my legal file (in Cook County, IL) if I owe the attorneys there a large sum of money that I have no hope of paying off for years given my current salary and expenses (not including child support)?
Thank you very much for your time.
I look forward to hearing from you.
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Old 02-21-2013, 11:29 PM   #2
AFFA
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Default Re: Divorce decree in child support matter. Jurisdiction change.

I wish to inform you that you can move case from Illinois to California after taking order from the court. Order of the court for transfer from one court to another is required where proceedings are being conducted at present. As your wife had filed motion in Illinois thus child support case is being conducted in Illinois. If wife has given false information to court then wife can be held liable under the offence perjury.

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Old 02-21-2013, 11:41 PM   #3
Marathon
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Default Re: Divorce decree in child support matter. Jurisdiction change.

Thank you for your reply.
I live in California, but my ex-wife and children live in Kansas.
Her false statements were omissions on her financial disclosure documents (not in court--therefore I assume no perjury offense applies--but her omissions cost me thousands and thousands of dollars in legal fees).
Isn't jurisdiction in the home state (Kansas and not California)? At present, we have reached a stalemate in Illinois and I can not afford the legal fees I've already accumulated there. I want to change the venue to Kansas. How do I accomplish this?
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Old 02-22-2013, 12:24 AM   #4
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Default Re: Divorce decree in child support matter. Jurisdiction change.

Perjury typically relates to deliberate lies told as part of a legal proceeding or other official proceeding that have a bearing on the outcome of that proceeding. False statements amounting to perjury, in most cases, are made under oath or affirmation to an official of the court, which may include the court clerk or a notary public. Some legal forms may also include the words "I swear or affirm, under penalty of perjury ..." or similar words, which would make false or misleading statements on those documents subject to perjury prosecution. The Uniform Child Custody Jurisdiction and Enforcement Act put in place so that multiple states do not utilize their resources to make custody determinations regarding the same child. The act sets standards for which state will be allowed jurisdiction in child custody disputes as well as under what circumstances custody jurisdiction may be changed. If neither parent resides in the original state, or if there is no home state, the chances of the jurisdiction being changed increases. Both parents have the right to request that jurisdiction be changed to their respective state though only one state will be allowed jurisdiction. This will be based on the ties the child has to that state such as extended family or school. Approach an attorney.
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Old 02-22-2013, 12:19 PM   #5
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Default Re: Divorce decree in child support matter. Jurisdiction change.

Quote:
Originally Posted by Marathon View Post
Divorced with three minor children.
All three children live with their mother (my ex-wife) in Johnson County, KS.
PA Divorce decree July 2011 (Chester County--where we lived before divorce).
Ex-wife and children moved to Cook County, IL (June 2011)
Between June 2011 and October 2011 I exercise shared physical custody only two times.
Legal custody is never shared.
I moved to Cook County, IL in October 2011 (on a temporary basis).
Though we live in same town, only miles apart, but my ex-wife refuses to permit me to have access whatsoever to children for weeks (in violation of PA divorce decree).
I am forced to take legal action--attorneys file an emergency petition. This requires that our foreign (PA) divorce decree be entered into Cook County, IL. This is done. Cook County Court orders mediation regarding exercise of shared parental physical and legal custody (these custody issues were agreed and were so specified in our PA divorce decree--but a schedule is not established beyond the first three months--expired by this point in time). Mediation is successful, an agreement is reached, but my rights are seriously voluntarily diminished (prior shared physical custody is reduced in the mediated agreement to supervised visitation--I couldn't afford any additional legal battles and without a temporary schedule I was afraid it would take too long and cost too much to litigate and I needed access to my children). I suggested to ex-wife that we address child support in mediation. My ex-wife refuses to mediate child support. Access to children problem was temporarily solved (by the supervised visitation schedule).
Financial issues (unemployment) force me to move back to PA (to live with family).
Ex-wife files a motion for child support in Cook County, IL.
My ex-wife submits, on two occasions, fraudulent financial information. My lawyers ask for permission to pursue a subpoena (telling me I may recover some legal costs--then telling me I have no hope).
In July 2012, I move to Los Angeles County, CA for a job.
In December 2012, my ex-wife and three minor children move to Johnson County, KS (where they now live). The child support issue is still not resolved and the Cook County, IL legal fees are astronomical.
I am now interested in representing myself (possibly with assistance from a limited representation attorney) in pursuing the child support matter in Johnson County, KS.
My question: what specifically (forms) do I need to do to file a petition in Johnson County to domesticate the divorce decree (I presume it is from Cook County, IL and not Chester County, PA? Do I have any rights to my legal file (in Cook County, IL) if I owe the attorneys there a large sum of money that I have no hope of paying off for years given my current salary and expenses (not including child support)?
Thank you very much for your time.
I look forward to hearing from you.
Where the children are currently living, ordinarily, is where the petition to modify must be filed and maintained. What needs to be done, first, is file a certified copy of the last custody/support/visitation order with the Johnson County Superior Court in Olathe, their UCCJEA Registry [Uniform Child Custody Jurisdiction Act], adopted by all the states.

Once it is filed in the registry, then you may file your petition to modify that order reciting that the children are in Johnson County and the dates. Along with custody matters, a UCCJEA declaration is required to be filed, anyway, asking if any previous custody decrees have been made. By virtue of filing it, the court will have the record of the existing decree on hand and proceedings not be delayed by ordering it. The mother was supposed to file a copy of that decree in the Registry when she moved to Johnson County so there would be a record of the custody and visitation order involving the children.

The courts are required to communicate between themselves as to which is the more appropriate forum. Since neither of you have ties with Pennsylvania or Illinois, and the children are no longer residing there, Johnson County, KS is a more appropriate forum.

As to your files, lawyers may put an attorneys lien on a client's files when there is an amount due them. You will just have to duplicate any documents you gave that are in your files if you cannot work out a payment arrangement with your last lawyer.
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