Question:
My case originally began in Pittsburgh Pa.(Allegheny Co.) I was ordered to pay child support even though the court improperly eliminated my custody rights without my consent. They further sabotaged any attempt I made at obtaining visitation. I have no restraining orders against me and I was never alleged to have been abusive against my children. Because of financial reasons, I moved to Chicago, Illinois. My child support is attached from a structured settlement that I inherited the right to receive, even though PA. state law deems inheritances exempt from consideration for the purposes of child support. (Humphreys v. DeRoss) On at least a dozen occassions, PA will go further and additionally attach my wages for the same amount of child support that they seize my inheritance for on a monthly basis. Which constitutes double-attachment. They continue to do this even though I am a resident of the state of Illinois (Cook Co) without ever establishing "interstate status" that under law should recognize that now that I AM a Cook Co. resident, the laws of the state of Illinois are now the presiding laws that govern my payment of child support, and that Allegheny Co. PA has been (or should be) reduced to nothing more than a collection point. Since PA refuses to do so, I must petition the state of Illinois to step in under the interstate provision. Yet I cannot afford an attorney. How can I go about doing this myself?
Answer:
I cannot answer your question specifically to the laws of Illinois or Pennsylvania as I am not licensed in those States. I believe that you may want to consider a couple of issues. While I have not reviewed the case cited, it is possible that the inheritance would not be considered for determining your income for support purposes, but they could attach for arrearages. Furthermore, it is allowed for both States to seek to enforce the child support order. Illinois should only enforce the original order and should not be taking more. It is a little unclear in your question if the amount of money being taken is double the order. If that is the case you need to file a Motion for Sums Due and Owing and likely a Motion to Quash the wage assignment/garnishment. I suggest that you file the Motion for Sums Due and Owing in PA.
