Child Support Case Complications

Summary

In Illinois, child support disputes can be complex. If you believe a judges ruling is based on false information, you can file a motion to reconsider within 30 days. If the judge sets a hearing date far in the future, you may consider filing a Motion for Substitution of Judge if you believe the judge is prejudiced. Appeals and substitutions should be handled with the guidance of a family law attorney. Consult a local attorney for specific advice.

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I have a huge issue with a child support case in Chicago Illinois cook county where the father who is the respondent in this case through his attorney submitted a six page pretrial memorandum with a X employers information for wages to be withheld also falsely claimed his monthly wages where he’s receives over $* under the table for which I have documented evidence for I filed a motion to reconsider within the 30 day timeframe after the order was made provided overwhelming documented evidence to the court that we’re not even looked at the respondents attorney filed a motion to dismiss which the judge set a hearing for that in June *, * I filed a motion for contempt against the father I filed a motion to expedite the proceeding as it is endangering my children who need the child support payments The father has not been providing anything for the children but the judge wants me to allow the father to claim my daughter on his taxes and he does not provide any of that money towards the children the judge told me that I have no right to claim that the father is financially exploiting the children I mean it is ridiculous
Hello Alisa, I'm sorry to hear about your situation. In Illinois, child support issues can be complex. It seems you have taken several legal steps already.
- Keep all evidence of the father's income, as this can be used to modify the child support order.
- You may request a new hearing if you believe the judge made a legal mistake.
- Consider consulting a family law attorney for specific advice.
Remember, this is general advice and may not be applicable to your situation.
How do I request a new hearing
To request a new hearing in Cook County, Illinois, you need to:
- File a motion for reconsideration within 30 days of the order.
- State the errors in the prior judgment.
- Provide new evidence or changes in circumstances.
- Serve the other party with notice.
Consult a local attorney for specific advice.
I did all of that it’s not helping me at the judge gave the opposing party our hearing for the motion to dismiss my motion to reconsider which is way out in * Months Way past the 30 day timeframe
I understand your frustration, Alisa. In this case, you might consider appealing the judge's decision. Appeals can be complex, so it's usually best to work with a family law attorney. They can guide you through the process and represent your interests effectively.
This judge should not even be Considering are entertaining a motion to dismiss against a motion to reconsider because a motion to reconsider is not a pleading
Hello Alisa, you're right, usually a Motion to Reconsider cannot be dismissed as it is not a pleading. If you've followed all the correct procedures, this may be a ground for appeal. Please consult with a family law attorney in Illinois to guide you through this process.
I think I want a new judge
To request a new judge in Cook County, Illinois, you may need to:
- File a motion for substitution of judge, stating your belief that the current judge is prejudiced against your case.
- This must be done before the judge makes any substantial rulings.
- Consult with an attorney to ensure correct procedure.
Could it be considered prejudice against my case if the judge is considering and gives a four month I’ll date for a hearing for the respondents motion to dismiss knowing it cannot be used against a motion to reconsider
In Illinois, a judge setting a hearing date beyond the standard timeline might not necessarily be seen as prejudice. However, if you believe this delay adversely affects your case, it could potentially be grounds for a "Motion for Substitution of Judge". Consult with an attorney for specific advice.
For example the judge made a ruling based on false information on November *, * I filed for a motion to reconsider on December *, * with a hearing date set for December *, * the opposing party got my hearing date for the 29th stricken the opposing party done filed a motion to reconsider on January *, * the judge gave them a hearing date for their motion to dismiss my motion to reconsider for June *, * can I ask for a new judge in this situation
In Illinois, you can file a "Motion for Substitution of Judge" if you feel current judge is prejudiced against your case. However, the motion should be filed before the judge makes any substantial rulings. It's recommended to consult with a local attorney for precise guidance.
What do you mean by substitutional rulings
By "substantial rulings", it means any significant decisions made by the judge that affect the outcome of the case. These include decisions on major motions, evidentiary rules, or final judgments. Substitution requests are typically made before such rulings occur.
She only made a ruling in this case on November *, * where she said the child support Amount to be paid biweekly on false information
If you believe the ruling made on Nov *, * was based on incorrect information, you may consider an appeal. Also, if you feel the judge is prejudiced against your case, you may file a "Motion for Substitution of Judge". Consult with an attorney for specific advice.
Why would a judge knowing a motion to dismiss cannot be used against a motion to reconsider set a date for a hearing not for my motion to reconsider but for the motion to dismiss my reconsideration for months out it doesn’t make sense
It does seem unusual, Alisa. Judges have discretion in managing their docket, which might explain the delay. However, such a long delay may warrant a review. Have you consulted with an attorney to understand your options in this situation?