Retroactive Child Support Motion
Summary
In Illinois, if a respondent misses court-ordered deadlines for retroactive child support, it can affect the case outcome. The court initially set a 21-day deadline from September 23, 2024, which was missed. Despite an extension, the respondent failed to comply again. False statements, such as claiming the respondent was out of state, can be challenged with evidence like text messages. Filing a Motion to Strike the respondents motion to dismiss, based on these inaccuracies and missed deadlines, is advisable. Ensure all evidence, such as financial affidavits and communication records, is accurately presented to the court.Full Conversation
I had some questions about my ongoing trial support case for. retroactive child support payments, child support payments and educational expenses. between myself as Custodial parent and father who is the non-custodial parent and respondent in this case. In Chicago, IL.
Thank you for providing the details. I understand you're dealing with a child support case involving retroactive payments, ongoing support, and educational expenses. Could you please specify what particular aspect of the child support case you need more information about? For example, are you looking for information on how retroactive payments are calculated, or how educational expenses are typically handled in Illinois?
I filed a motion for retroactive child support payments. against the non custodial parents whose name is naser To be sent back to April *. *
Thank you for the information. In Illinois, the court considers several factors for retroactive child support, including:
- The child's needs.
- The non-custodial parent's ability to pay.
- The custodial parent's efforts to obtain support.
Do you need information on how to prepare for the hearing or the documentation required?
On September * * we had an in person hearing. with the child support judge where the respondent and his attorney were present The judge gave them 21 days to respond to my motion for retroactive child support. They missed that deadline on October *. * I had to take them back to court because. the response that's attorney deliberately left out certain details about the respondents car loan records that were subpoenaed and were supposed to be delivered to the judge. So on October 15th * the respondents attorney stated to the judge that the reason they missed the deadline for the response was due to the respondent being out of state So the judge gave them an additional 14 days which started on October * cause that's when the day the judge signed the court order So they were supposed to give me respond, actually, to me, to my retroactive request Within 14 days Find port paper that. deadline was also missed. but it's odd that the attorney stated to the judge that the respondent is out of state but on October * * I did receive a text message from the non custodial parent through the talking parent app. And something doesn't add up here. So I received a response. They filed a motion to dismiss my retroactive. on November *. * which is way past both deadlines.
It sounds like you are dealing with missed deadlines and potentially misleading information from the respondent's attorney. Here's what you can do:
- **Deadline Missed:** It's important to bring up the missed deadlines to the judge.
- **Misleading Information:** Present the text message evidence showing the respondent was not out of state.
- **Motion to Dismiss:** Challenge the motion to dismiss based on non-compliance with court-ordered deadlines.
Would you like information on how to file a motion to address these issues?
And how do I challenge it? What do I file?
You can file a "Motion to Strike" or "Motion to Dismiss" the respondent's motion based on their failure to comply with deadlines. Here's a brief outline:
- **Title your motion** appropriately.
- **State the facts** regarding missed deadlines and misleading information.
- **Attach evidence** such as the text message.
- **Request relief** from the court, such as striking their motion.
Would you like more detailed steps on how to draft this motion?
OK, so if my file in motion to strike based on. the reasons I've already stated plus there's other false statements in motion. in their motion, to dismiss my retroactive as it falsely states that I filed for child support through the state on May * * When that is not true. the court copy shows that I signed the documents I received from HFS on April *. *.
It sounds like you have a strong case to file a motion to strike. Here are some steps you can take:
- **Title Your Motion**: "Motion to Strike Respondent’s Motion to Dismiss"
- **State the Facts**: Clearly outline the missed deadlines and false statements.
- **Attach Evidence**: Include the court copy showing the correct filing date and any other relevant documents.
- **Request Relief**: Ask the court to strike the respondent’s motion due to non-compliance and inaccuracies.
Would you like more details on how to structure your motion?
yes please
Certainly! Here’s a more detailed structure for your "Motion to Strike Respondent’s Motion to Dismiss":
*. **Title your Motion:**
- "Motion to Strike Respondent’s Motion to Dismiss"
*. **Introduction:**
- Briefly introduce yourself, the case, and the purpose of the motion.
*. **Statement of Facts:**
- **Missed Deadlines:** Outline the specific dates and deadlines missed by the respondent and their attorney.
- **False Statements:** Detail the inaccuracies in their motion, such as the incorrect date of filing for child support.
*. **Evidence:**
- Attach relevant documents, including:
- Court copy showing the correct filing date.
- Text message proving the respondent was not out of state.
- Any other pertinent records or evidence.
*. **Legal Argument:**
- Explain why the missed deadlines and false statements justify striking their motion.
- Reference any relevant Illinois statutes or case law supporting your argument.
*. **Request for Relief:**
- Clearly state your request for the court to strike the respondent’s motion due to non-compliance and inaccuracies.
*. **Conclusion:**
- Summarize your request and thank the court for their consideration.
Remember
But I need help how to phrase all of this.
Certainly! Here is a structured way to phrase your "Motion to Strike Respondent’s Motion to Dismiss":
---
Motion to Strike Respondent’s Motion to Dismiss
Introduction:
I, [Your Name], the custodial parent in this case, respectfully submit this Motion to Strike the Respondent’s Motion to Dismiss. This motion is based on the respondent’s failure to comply with court-ordered deadlines and the inclusion of false statements in their motion.
Statement of Facts:
- **Missed Deadlines:**
- The respondent was given 21 days to respond to my motion for retroactive child support starting from September *, *. This deadline was missed on October *, *.
- Despite an extension granted on October *, *, with a new deadline of October *, *, the respondent again failed to comply.
- **False Statements:**
- The respondent’s motion falsely states that I filed for child support through the state on May *, *. However, the correct date, as shown by the court copy, is April *, *.
Evidence:
- **Court Copy:** Attached is the document showing the correct filing date of April
I think they're first respond. was due by. October *. *
Thank you for providing the necessary information.
To clarify, are you seeking advice on how to address the missed deadlines for the respondent’s response or on how to proceed with your "Motion to Strike Respondent’s Motion to Dismiss" due to inaccuracies?
This will help me provide you with the most relevant information.
yes
Understood. Here's a structured way to phrase your "Motion to Strike Respondent’s Motion to Dismiss":
---
**Motion to Strike Respondent’s Motion to Dismiss**
**Introduction:**
I, [Your Name], the custodial parent in this case, respectfully submit this Motion to Strike the Respondent’s Motion to Dismiss. This motion is based on the respondent’s failure to comply with court-ordered deadlines and the inclusion of false statements in their motion.
**Statement of Facts:**
- **Missed Deadlines:**
- The respondent was given 21 days to respond to my motion for retroactive child support starting from September *, *. This deadline was missed on October *, *.
- Despite an extension granted on October *, *, with a new deadline of October *, *, the respondent again failed to comply.
- **False Statements:**
- The respondent’s motion falsely states that I filed for child support through the state on May *, *. However, the correct date, as shown by the court copy, is April *, *.
**Evidence:**
- **Court Copy:** Attached is the document showing the correct filing
I. Believe that. their motion to dismiss the retroactive child support should be stricken. They miss both deadlines Now they're caught in a deliberate misleading lie directly to the judge as the respondent was not out of state as his attorney stated. there's a bunch of false misleading statements in their motion to dismiss, which are not accurate His bank statements show. the amount of money going in and out of his accounts. in * and * and * * showing over $*,* of sell payments and Apple cash payments to the respondents girlfriend
Thank you for the detailed information. You can strengthen your "Motion to Strike Respondent’s Motion to Dismiss" by clearly stating the facts and attaching relevant evidence. Here’s a brief outline:
- **Title:** Motion to Strike Respondent’s Motion to Dismiss
- **Introduction:** Briefly introduce yourself and state the purpose of the motion.
- **Statement of Facts:**
- Missed Deadlines: Mention the specific dates and deadlines that were missed.
- Misleading Statements: Highlight false statements, including evidence like bank statements and text messages.
- **Evidence:** Attach all supporting documents, such as:
- Court copy showing the correct filing date.
- Bank statements and text messages proving misleading information.
- **Request for Relief:** Ask the court to strike the respondent’s motion due to non-compliance and inaccuracies.
Would you like more detailed phrasing for each section?
yes
Certainly! Here’s a detailed phrasing for each section of your "Motion to Strike Respondent’s Motion to Dismiss":
---
**Motion to Strike Respondent’s Motion to Dismiss**
**Introduction:**
I, [Your Name], the custodial parent in this case, respectfully submit this Motion to Strike the Respondent’s Motion to Dismiss. This motion is based on the respondent’s failure to comply with court-ordered deadlines and the inclusion of false statements in their motion.
**Statement of Facts:**
- **Missed Deadlines:**
- The respondent was given 21 days to respond to my motion for retroactive child support starting from September *, *. This deadline was missed on October *, *.
- Despite an extension granted on October *, *, with a new deadline of October *, *, the respondent again failed to comply.
- **Misleading Statements:**
- The respondent’s motion falsely states that I filed for child support through the state on May *, *. However, the correct date, as shown by the court copy, is April *, *.
- The respondent's attorney claimed the respondent was out of state
I have this written so far. feel free to correct anything that is wrong.MOTION TO STRIKE RESPONDENT'S MOTION TO DISMISS PETITIONER'S MOTION FOR RETROACTIVE CHILD SUPPORT
NOW COMES the petitioner, Lula Korotkov, pro se, pursuant to the Illinois Civil Code of Procedure, hereby files a Motion to Strike Respondent's Motion to Dismiss Petitioner’s Motion for Retroactive Child Support. In support of this motion, Petitioner states as follows:
*. On September *, *, the respondent was given 21 days to respond to my motion for retroactive child support. He missed this deadline.
On October *, *, The respondent’s attorney claimed the delay was due to the respondent being out of state, which is not a valid excuse considering his financial claims.
On October *, *, he was given an additional 14 days to respond, which he also missed.
*. I received his motion to dismiss my retroactive child support on November *, *, which is 22 days past the deadline.
*. Respondent's motion contains false statements, including [list specific false statements].
Your draft looks good. Here are a few corrections and suggestions for clarity and completeness:
---
**MOTION TO STRIKE RESPONDENT'S MOTION TO DISMISS PETITIONER'S MOTION FOR RETROACTIVE CHILD SUPPORT**
NOW COMES the petitioner, Lula Korotkov, pro se, pursuant to the Illinois Civil Code of Procedure, hereby files a Motion to Strike Respondent's Motion to Dismiss Petitioner’s Motion for Retroactive Child Support. In support of this motion, Petitioner states as follows:
*. On September *, *, the respondent was given 21 days to respond to my motion for retroactive child support. He missed this deadline.
*. On October *, *, the respondent’s attorney claimed the delay was due to the respondent being out of state, which is not a valid excuse considering his financial claims.
*. On October *, *, he was given an additional 14 days to respond, which he also missed.
*. I received his motion to dismiss my retroactive child support on November *, *, which is 22 days past the deadline.
*. Respondent's motion contains false statements, including but not limited to:
- The claim that
But I need to properly incorporate into that That is attorney stated to the judge on October 15th that he was out of state. But You was not because I did receive a text message from him on October * through the talking parent app
Certainly! Here’s how you can properly incorporate the statement about the attorney's claim and the text message evidence into your motion:
---
**MOTION TO STRIKE RESPONDENT'S MOTION TO DISMISS PETITIONER'S MOTION FOR RETROACTIVE CHILD SUPPORT**
NOW COMES the petitioner, Lula Korotkov, pro se, pursuant to the Illinois Civil Code of Procedure, hereby files a Motion to Strike Respondent's Motion to Dismiss Petitioner’s Motion for Retroactive Child Support. In support of this motion, Petitioner states as follows:
*. On September *, *, the respondent was given 21 days to respond to my motion for retroactive child support. He missed this deadline.
*. On October *, *, the respondent’s attorney claimed the delay was due to the respondent being out of state, which is not a valid excuse considering his financial claims.
*. On October *, *, while the attorney claimed the respondent was out of state, I received a text message from the respondent through the Talking Parents app, indicating he was not out of state.
*. The respondent was given an additional 14 days to respond starting from October *, *, which he also missed
So in order for me to understand, I wanna ask a question. So on October 15th they were given an additional 14 days. But correct me if I'm wrong, doesn't. the 14 day start from the day the ju.... order. She signed it on October 17th
Yes, you are correct. The *-day extension typically starts from the day the judge signs the court order. Therefore, the new deadline would be 14 days from October 17th, making it October 31st, *.
Would you like more assistance with your motion?
The other court order the first. one was signed on September * * where they were given 21 days.
Thank you for the clarification. Here is the updated motion with the correct dates:
---
**MOTION TO STRIKE RESPONDENT'S MOTION TO DISMISS PETITIONER'S MOTION FOR RETROACTIVE CHILD SUPPORT**
NOW COMES the petitioner, Lula Korotkov, pro se, pursuant to the Illinois Civil Code of Procedure, hereby files a Motion to Strike Respondent's Motion to Dismiss Petitioner’s Motion for Retroactive Child Support. In support of this motion, Petitioner states as follows:
*. On September *, *, the respondent was given 21 days to respond to my motion for retroactive child support. He missed this deadline.
*. On October *, *, the respondent’s attorney claimed the delay was due to the respondent being out of state, which is not a valid excuse considering his financial claims.
*. On October *, *, while the attorney claimed the respondent was out of state, I received a text message from the respondent through the Talking Parents app, indicating he was not out of state.
*. The respondent was given an additional 14 days to respond starting from October *, *, which he also missed. The new deadline was October *,
I also need you, your help actually with something, 'cause I feel. like his attorney is manipulating. the judge. If the judge signed the first court order, which was dated September * * on the same day and the 21 days started from September *. That was his deadline to be 21 days from the 23rd that would've been the deadline would've been October * * Not October * *.
Thank you for explaining the situation. Here is the updated motion to reflect the correct deadline and details:
---
**MOTION TO STRIKE RESPONDENT'S MOTION TO DISMISS PETITIONER'S MOTION FOR RETROACTIVE CHILD SUPPORT**
NOW COMES the petitioner, Lula Korotkov, pro se, pursuant to the Illinois Civil Code of Procedure, hereby files a Motion to Strike Respondent's Motion to Dismiss Petitioner’s Motion for Retroactive Child Support. In support of this motion, Petitioner states as follows:
*. On September *, *, the respondent was given 21 days to respond to my motion for retroactive child support. The deadline was October *, *, which he missed.
*. On October *, *, the respondent’s attorney claimed the delay was due to the respondent being out of state, which is not a valid excuse considering his financial claims.
*. On October *, *, while the attorney claimed the respondent was out of state, I received a text message from the respondent through the Talking Parents app, indicating he was not out of state.
*. The respondent was given an additional 14 days to respond starting from October *, *
OK Let's start from the beginning. on September * *. Close the respondent and his attorney were present They. were given 21 days from September * to respond to my My retroactive child support motion And For the respondent to provide an updated financial affidavit. Which the deadline was October * *. On October 15th *. His attorney stated. that the reason? the deadline was missed for their response and the updated financial affidavit was because the respondent is out of state. but I received a text message from the respond that on October * * through the talking parent App. Which indicates he was not out of state? So they were given. an additional seven days. to provide his updated financial affidavit. and 14 days. to respond to my motion for retroactive child support. I received his financial affidavit a day after that deadline. And I received a response, which was their motion. to dismiss. my motion for a retroactive support. 22 days after the second. deadline was missed.
Thank you for the detailed information. Here is the structured motion incorporating all the details:
---
**MOTION TO STRIKE RESPONDENT'S MOTION TO DISMISS PETITIONER'S MOTION FOR RETROACTIVE CHILD SUPPORT**
NOW COMES the petitioner, Lula Korotkov, pro se, pursuant to the Illinois Civil Code of Procedure, hereby files a Motion to Strike Respondent's Motion to Dismiss Petitioner’s Motion for Retroactive Child Support. In support of this motion, Petitioner states as follows:
*. On September *, *, the respondent and his attorney were present in court. They were given 21 days from September *, *, to respond to my motion for retroactive child support and to provide an updated financial affidavit. The deadline was October *, *.
*. On October *, *, the respondent’s attorney claimed the delay was due to the respondent being out of state. However, I received a text message from the respondent on October *, *, through the Talking Parents app, indicating he was not out of state.
*. The court then granted an additional 7 days for the respondent to provide the updated financial affidavit and 14 days to respond
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