I don't have the benefit of a consult or casefile review, but based on the above - if the amount of money derives from "child support," (ie, it's 505 related) then he doesn't have the luxury of being stupid and not paying.
If he wants a reduction, he's supposed to file a 510. He has a lawyer, so I'm surprised he hasn't done so already.
In the interim, if you want your child support money, talk to an attorney about filing a rule to show cause. A contempt summons does much to loosen the purse-strings of many ne'er-do-well ex's.
Best of luck & hope this helps!
In my opinion, the before-the-kids-get to-school help that you describe is necessitated by your employment and should be deemed a valid childcare expense. I agree with your position that there is no meaningful change between this year and last year.
To buy into your ex's line of reasoning would be the same as saying that you have to be in two places at once.
Take him back to court for enforcement of the daycare situation and for enforcement of his life insurance coverage obligation.
If his failure to comply with the life insurance obligation is without legal cause or justification, you are entitled to have him pay your reasonable attorney's fees under Section 508(b) of IL's Divorce Act.
This situation is pretty straightforward. There is a court order that has not been modified, so he is required to follow it. If he has willfully failed to pay, he is in violation of the order and will be held in contempt of court. This is not an issue that should be submitted to mediation, because it deals with financial matters. Money issues such as child support and contribution to expenses are not to be included in a Joint Parenting Agreement, and therefore are not subject to the mediation provisions that are included in those agreements. Examples of issues addressed in mediation are schedule changes and decision-making related to school and activities.
The first step is to file a Petition for Finding of Indirect Civil Contempt (Also known as Petition for Rule) with the Court. You should attach the order that has been violated, and explain the specifics of the violation. The relief requested should be the money owed, plus interest. If you obtain an attorney, he should be required to pay your attorney fees pursuant to Section 508(b) of the Illinois Marriage and Dissolution of Marriage Act, which provides that a party who fails to comply with a court order shall pay the attorney fees incurred by the other party. If the daycare expense is a fixed amount each month, I would also request that his contribution to daycare be withheld directly from his check along with his child support payment. Regarding the life insurance, the same process regarding contempt will apply. You can file a separate petition or add it as an additional count to your petition regarding childcare.
Divorce Dissolution of marriage Dividing debts in a divorce Child support Divorce decree Failure to comply with divorce decree Debt Wage garnishment Child support expenses Child support and childcare expenses Employment Employee wages and garnishment Employee wages and payroll deductions Lawsuits and disputes Fees Mediation Court orders Contempt of court
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