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Am I going to get behind in child support?

Springfield, IL |

I filed a petition to modify child support because my earnings have dropped. I filed this last month and there is still no hearing date set. Can I ask the judge to drop the arreage that has occured since I filed the petition?

Attorney Answers 3

Posted

yes. the statute gives the court power to modify support back to the date of notice of the motion to modify. so if you have not yet sent notice to the other side, the answer is no.

call the clerk, get a court date. send notice that you want a hearing to reduce your support on the attached motion filed--insert the date.

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Asker

Posted

I have sent notice but IDHS is a party and they set the date.

Posted

Why is there no hearing date set? Did you file a notice of motion with a date set for hearing? A motion by itself is on file but no hearing set. You need to set a hearing date.

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Asker

Posted

how do I set a hearing date? I sent notice to IDHS and they havent set a date

Judy A. Goldstein

Judy A. Goldstein

Posted

You set a motion date with the clerk of the circuit court.

Judy A. Goldstein

Judy A. Goldstein

Posted

IDHS is involved? That is a totally different story. They are your lawyer until you hire private counsel.

Posted

Why havent' you set a hearing date?

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Asker

Posted

IDHS is a party to the case. Clerk told me IDHS attorney has to set the date.

Wes Cowell

Wes Cowell

Posted

Ahhhhhhhh . . . now I see the problem: You're working without a lawyer and now you're compounding your mistake by taking legal advice from the court clerk. The solution is to hire an attorney. Why do you refuse to do that?

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