Child Support Case Appeal

Summary

If you believe a child support ruling was based on false information, you can file an appeal within 30 days of the final judgment. In Illinois, appeals are typically new cases heard by a panel of judges. You may also request a substitution of judge if you believe the current judge is prejudiced. Consult a legal professional for tailored advice and to ensure your rights are upheld.

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I’m having issues with a child support case in Chicago Illinois cook county on November *, * child support judge made her ruling based on a six page pretrial memorandum drafted by the opposing parties attorney based on false information I filed a motion to reconsider on December *, * with a hearing set for December *, * The opposing parties attorney for some reason appeared before the judge via zoom on December *, * despite being notified of the hearing date set for the 29th and got my hearing for the 29th stricken by the judge which is kind of odd since I was not present and did not know that opposing party’s attorney was appearing via zoom on the * The opposing party done filed a motion to dismiss all filed a opposition the opposing party filed a motion to strike my documented evidence provided to the court the court granted the opposing party leave to seal my documents there is no child support payments coming for the children my evidence with my motion to reconsider and with my opposition were never looked at by the judge The opposing party provided an ex employer as his current employer knowing there will be no wage withholding what can I do
Hello Lula, I understand your frustration. It's essential to ensure that your rights are upheld during these proceedings. Here are some steps you can consider:
- Consult with a legal professional to review your case.
- You may need to file an appeal if the judge's decision was based on false information.
- Request a new hearing date if the previous one was stricken without your knowledge.
Please note this advice is general in nature. Laws in Chicago, Illinois might vary.
But now it’s past the time frame can I still file an appeal if the judge has allowed so much time to pass and continuously allowing deposing party to file motions to dismiss motions to strike my documents my documents were not looked at my children are being financially and emotionally haunted by this
Hello Lula, in Illinois you typically have 30 days to file an appeal after a final judgment. However, some exceptions might apply, like in cases of fraud. I recommend consulting with a legal professional who can guide you based on the specifics of your case.
So how what a file an appeal for the reason that this child support order was made on intentional false information provided to the judge that she made a ruling on
Filing an appeal in Illinois generally involves these steps:
- Obtain a Notice of Appeal form from the clerk of court.
- Fill out and file the notice within 30 days of the final judgment.
- Pay the necessary fees.
- Serve the notice to the opposing party or their attorney.
Again, consult a legal professional for tailored advice.
Do I file the appeal in the same case with the same judge or As a new case
In Illinois, an appeal is typically a new case and is heard by a panel of judges, not the original trial judge. However, it's recommended to consult a legal professional to ensure the correct procedure for your specific situation.
Or can I request for the judge to be changed
In Illinois, a request for a substitution of judge can be made. However, there are specific circumstances and rules to follow:
- Must be filed before the judge makes a substantive ruling.
- Can only request once without showing cause.
- Must be in writing stating the reason for the request.
Consult a legal professional for more specific advice.
So if I state the reasons I want to change the judge is because she made a ruling on false information my motion to reconsider was not looked at my evidence was not look that my opposition was not like that my other document the evidence was not look As she continues to give the opposing party leave time to seal my documents
In Illinois, you could possibly request for a substitution of judge due to perceived prejudice. However:
- The request usually must come before a substantive ruling.
- Your request should clearly state your reasons.
- It may be beneficial to consult a legal professional to frame this correctly.
This is general advice. Specific rules may apply to your situation.
So basically my kids get no child support because the judge is not looking at the evidence
I understand your frustration, Lula. It seems like you need to discuss your case with a legal professional who can analyze it in detail. They can guide you on how to handle the situation more effectively, which could involve an appeal, a request for a new judge, or other legal actions.