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I'm filing a Motion to Vacate a Default Order in Kane County, Illinois, what information is important to include?

Carpentersville, IL |

A default order of child support was set against me recently. My ex is addicted to medications and recently attempted suicide. Due to her instability, and her insistence that she would drop the case if I avoided going to court (and revealing her poor character), I believed it best to not attend court that day. I was naive, and wrong, and now seek to rectify the situation. I'm not against paying child support but it seems that I'm going to have a custody battle coming up soon and want everything to be handled there and then.

Should I explain the situation to the judge in the Motion? What is most important to include?

Attorney Answers 3

Posted

Hopefully you are within 30 days of entry of the default judgment. If so, you only need to set forth the bare minimum. Go read 735 ILCS 5/2-1301(e). http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=15800000&SeqEnd=16400000 . There may be a fee to vacate the order.

Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.

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Posted

You want everything to be handled then and there . . . but you've never bothered to seek custody prior to this?

Let me make sure I've got this straight: The mother of your child is addicted to prescription medications . . . and you agreed to leave your child with her. The mother of your child attempted suicide . . . and you agreed to leave the child with her. She said she wouldn't seek child support from you as long as you didn't reveal these facts about her . . . and you would continue to leave the child with her.

Then, a support order is entered, and you suddenly realized that you should be the custodial parent.

Oh . . . and you want to do all this without the help of an attorney.

Boy, have you got your work cut out for you.

The most important thing you could include in your motion would be a request for a continuance to give you time to hire a lawyer.

Good luck.

www.illinoisdivorce.com

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Posted

If the order was entered more than 30 days ago the standard for vacating a final order is more stringent. In either case, success on your motion is important due to the facts you set out. Improve your odds of winning by hiring a lawyer now; you will need one for the custody battle too.

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