18 year old goes to college

[Guy_]

I've remarried 11 years ago, moved from canada to the usa at that time, retired 5 years ago, and am an American citizen living in Illinois. My wife is still working. My 18 year old daughter living with her mother in Ontario Canada, is now moving to Alberta to go to college. I have paid child support so far, however my x will not agree to change in divorce decree. I am willing to pay school tuition, but not child support if my daughter is not living with my x.
Questions:
1) can my x garnish my wifes wages here in illinois if i dont pay child support?
2) is there extradition between us and canada if i refuse to pay child support?
3) if i want to have my decree amendend, is my wifes salary concidered?
4) do i have to use a canadian lawyer?

thanking you in advance

 

[Duranie]

What does the decree say as far as CS? You would have to get the decree amended if it states CS is to be constinued past 18 or past high school graduation.

You would need to file wherever the decree is opened out of, I am not sure if it is Canada or Illinois based on your post.
Generally spousal income is not considered so your wife is ok, however if you 2 file income tax jointly, any return can be intercepted if you fall behind on support.

If you refuse to pay support, a warrant may be issued, I am sure the US and Canada have extradition procedures.

You should probably see an attorney in your area for starters if that is where you are living. Some give free consultations but I have a feeling if the decree is out of Canada they still have jurisdiction.

does the decree order for you to pay for college? Id not I would not pay that, just pay support.

 

[nmic111]

UIFSA Probably Applies here....

I've remarried 11 years ago, moved from canada to the usa at that time, retired 5 years ago, and am an American citizen living in Illinois. My wife is still working. My 18 year old daughter living with her mother in Ontario Canada, is now moving to Alberta to go to college. I have paid child support so far, however my x will not agree to change in divorce decree. I am willing to pay school tuition, but not child support if my daughter is not living with my x.
Questions:
1) can my x garnish my wifes wages here in illinois if i dont pay child support?
2) is there extradition between us and canada if i refuse to pay child support?
3) if i want to have my decree amendend, is my wifes salary concidered?
4) do i have to use a canadian lawyer?

thanking you in advance

Guy,
1) Yes, an Illinois court may be able to garnish your wages
2) Not sure, but I would count on it
3) Yes, absolutely, unless it is specifically prohibited in your divorce decree
4) You may not need a lawyer at all

Bottom line, you need to petition for a C.S. Modification with your nearest Family & Child Court there in Illinois. These are often administrative proceedings, as the States prefer to avoid litigation just to deal with a "change in circumstances."

If you're limited in your $$ resources, always pay the court-ordered C.S. in full, and make sure thats reflected in College Financial Aid paperwork, applications, etc. All you can do is ask the court for modification based on your wife's income, and hope for the best. Don't make a change just based on a verbal or written agreement with your Ex!! Only the court can ratify such an agreement, and you risk being in arears big-time if you do it without the judge's approval.

UIFSA (Uniform Interstate Family Support Act) has some references to proceedings out of the U.S. See this link for more details: US Dept of Health & Human Svcs Office of Child Support Enf. , or more specifically their handbook, here: OCSE Child Support Enforcement Handbook

 

[nmic111]

Correction

Guy,
Apologies for the confusion --
-the State cannot garnish your current wages, but they certainly could go after yours
-your current Wife's salary would probably not be added to any formulas, but could possibly be used as an "additional factor" when determing overall support.

What about your X's salary? Are you comfortable that's being accounted for properly?
-NMIC