My ex-husband has filed a petition to reduce child support in IL since he was laid off work. The first court date is at least a month way, however, he has started to pay a much lesser amount based on what he thinks the court will order and has not sent any supporting documentation to show how he arrived at that figure. He is receiving unemployment, but I do not know how much or the frequency. Do I have any recourse in getting the current order enforced or am I just subject to whatever he wants to pay until there is a new order? He also owes (per the court order) a substantial amount to me for extra-curricular activities our daughter participated in, but hasn't paid a penny of it.
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Ex is wrong. He can't lower his ordered payments without court approval first. That's presuming he qualifies, and just because he's on unemployment doesn't mean he'll automatically get it. 750 ILCS 5/510 addresses support modifications.
Furthermore, you have the right to discovery, along with Will County's automatic disclosures pursuant to their local rules.
Get a family law attorney. Contact the Will County Bar if you need a referral - presuming you're in Will County.
Your ex should not have reduced his child support based upon what he thinks it should be. If a reduction is in order, it will most likely be retroactive to date of filing/service, but he still should not have done this on his own. As for extracurricular expenses, have you followed the provisions of your Judgment for Dissolution as far as how you are to notify him and prove the expenses were incurred? You really ought to retain the services of an experienced family law practitioner. There are many in your area.
In reality much of what will eventually happen depends upon the Judge and how tough he/she may be in the event the amount he is paying is less than what any new modification may produce. Due to the timing of the issue and the possible tax refund already being used you may consider filing a motion to have any refund he may have received be held in trust until a final determination of the support amount is ordered.
If the State of Illinois has been involved I suggest you send a copy of the motion he has filed and a notice of the court date so they will appear in court and potentially prepared. If the only issue before the court is a child support modification based upon unemployment you should end up okay with the State as opposed to hiring private counsel
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