My ex-wife and kids moved to the state I previously moved to (Wisconsin) after our divorce was finalized in Illinois. Our divorce decree states my child support payments are contingent upon my ex-wife selling the marital home. Well, she just left the home, let it go into foreclosure, and recently bought a home in Wisconsin; these actions should allow me to modify my support.
Will I have to file for the child support modification in Illinois, where the divorce was finalized and where the marital home was located, or can I file in Wisconsin where all the parties now live?
It will be important to review the exact language of the final divorce judgment in order to provide you with appropriate counsel on this matter. I can only provide general divorce tips for men and recommend that you consult with a mens divorce attorney licensed in your state concerning your divorce case.
Assuming your ex-wife has bought a home in Wisconsin and intends on continuing to reside in Wisconsin, you should have sufficient residency to bring a post-judgment action in Wisconsin if the goal is to enforce the Illinois order.
It will be necessary to review the actual divorce judgment to advise on what actions may be brought. If the goal is to modify the terms regarding child support, then the length of time she has lived in Wisconsin will be important.
Generally, actions requesting enforcement of non-child custody issues in a divorce judgment are done through a contempt motion. This is a formal request to the court to review the judgment and hold a hearing on whether the other party has failed to comply.
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If the court finds the other party has intentionally or unreasonably failed to comply with the judgment then orders may be issued to make the aggrieved party whole and/or to punish the offending party.
As your divorce was finalized in Illinois, it would be necessary to register the judgment in Wisconsin with the filing of any post-judgment motion. It is important to note that if Wisconsin takes jurisdiction of your matter that all subsequent modifications of child support will default to the Wisconsin child support guidelines.
It is my recommendation that you consult with a divorce attorney for men at your earliest convenience to review your final judgment and develop a comprehensive plan of action in moving forward.