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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37814
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My ex has been in contempt time but lives in IL. were I've

Customer Question

My ex has been in contempt for some time but lives in IL. were I've remarried a soldier and we are now in TX. Unlike the common misconception, a soldier doesn't make lots of money, and income DOES depend on rank, there is NO overtime, and you can be ranked as an E-7 but work in an Sgt Major slot and NO, you do not get extra pay.
With that said..
My case is still in IL, can I (non-res) get help from Legal Aid in Illinois due to the case still being active there?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If the case is still in IL, then you would have to go through IL to file a motion for contempt of court to force him to appear in front of the same IL judge who issued the order to explain his willful disobedience to the judge's order.

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So yes, Legal Aid in IL can help, it is just a matter of whether they have any attorneys available who can assist. If not, they may be able to refer you to a low or no cost pro bono attorney who could help. I might also contact the local Child Support enforcement office in IL to see if they could take up the case.

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If you are going to be in TX long term, you may want to consider "domesticating" your judgment in TX so that you could then enforce it through Texas. Basically you have to record your judgment in the local court records so that TX could then enforce it under the Full Faith and Credit for Child Support Orders Act (FFCCSOA), 28 U.S.C. § 1738B.

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thanks

Barrister