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My sisiter-in-law has recently divorced her husband of almost 10 years. As part of the divorce dicree he has agreed to pay $2,000 towards housing for her andtheir 4 children. Thus far he is 3 months behind. The townhouse they coowned is going into forclosure. She is moving out but he told her if she did not remain in the same town he would not pay her any money nor would he be available to his children. She did make arrangements to stay in the same town by having her parent cosign. She is a nurse and for the past three years has been working two jobs, over 50 hours per week workin days and nights. She would like to cut down to 40 hours a week and work days but can only do this if he pays his share. As far as I know he is not physically abusive but the mental toll on the kids and my sister-in-law has been quite obvious. Is there some way I can be the tattletale and let the district attorney of DuPage or Illinois regarding his nonpayment. I"m afraid she won't bring this to the court.
Optional Information: State/Country of Question: Illinois Already Tried: I looked on line at the deadbeat dad site for Illinois but it requires the mother to which the money is owed to fill oout info. I did forward it to her. I just worry that his non payment will lead to my in-laws depleting their retirement savings to keep her family afloat
Your sister in law needs to be the one to bring this to court to enforce the standing order directing him to pay. Even if you get the ball rolling, she has to be the one to keep it moving and if she is not going to do so you are just spinning your wheels. His failure to do so is grounds for contempt proceedings, beyond just enforcing the order, but these are civil matters, not criminal, so notifying the district attorney is unlikely to be of any benefit.
Most states have laws that prohibit the custodial parent from relocating out of state without the consent of the custodial parent or permission from the court. Some even prohibit a parent from moving more than a certain distance away in the same state without permission, but that still would not be grounds to not make court ordered payments.
What I suggest is to have all of the family members sit down with your sister in law and make sure that she understands that her reluctance to pursue sanctions against her Ex is adversely affecting her children, her, and the entire family. You may have the best results from a "do it for the kids" argument, as her willingness to work the hours she is shows that she wants to provide for them, but part of that provision is her being there for them, which she cannot be if she is working all the time.
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Experience: Attorney for 28 years. Personal injury, Social Security, family, work comp, criminal trial practice.