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Motion For Reconsideration Denial
Summary
Filing a motion for reconsideration can address procedural irregularities and overlooked evidence in child support cases. Ensure your motion is clear and concise. Highlight the necessity of obtaining financial records for accurate assessment and emphasize any lack of justification in previous rulings. If needed, consider filing a judicial complaint for fairness.Full Conversation
The situation is as follows and. September * * I. file a motion and titled it. Motion to compel discovery. and subpoena of respondents. Girlfriends bank records. Butts on temper *. * the judge told me. to withdraw my motion. Retitle it and resubmit it, which is exactly what what I did. And Renamed. it Motion to order respondent to provide girlfriends bank records and for subpoena if necessary. on October *. * I asked the judge about the motion and she replied that it is not up yet. I don't know what she meant by that but that's what she stated. on November 18th *. I again asked about the motion. The judge replied. I've already denied that motion. which was not true. I replied to the judge and stated that she did not deny it. She told me it was not up yet. I also stated that none of the previous court orders reflect her statement that she has already denied it. She then replied back to me with. Oh, well, I'm denying it now. I don't need or want. her information in my court which was a bit concerning, given the amount of direct evidence provided So now my question to you about the title as I'm trying to convey For example, most. to compel. respondent. to provide spouses. Bake Records or subpoena if necessary, meaning for the court to subpoena the spouse's bank records if the respondent fails to comply.
Hello Lula,
Thank you for clarifying your situation. To ensure the title of your motion is clear and concise, I suggest the following:
**"Motion for Reconsideration of Denied Motion to Compel Discovery and Subpoena Respondent's Spouse's Bank Records"**
This title accurately reflects your request and is straightforward. Does this help with your needs, or do you have any other specific preferences?
Thank you for clarifying your situation. To ensure the title of your motion is clear and concise, I suggest the following:
**"Motion for Reconsideration of Denied Motion to Compel Discovery and Subpoena Respondent's Spouse's Bank Records"**
This title accurately reflects your request and is straightforward. Does this help with your needs, or do you have any other specific preferences?
Wouldn't it be better to? title, it motion. to compel respondent To provide spouses bank records or subpoena if necessary. which conveys what I want, actually, if you. were an attorney, how would you best? retitle it or title it
Hello Lula,
Thank you for your detailed explanation. To ensure clarity and conciseness, here’s a suggested title:
**"Motion to Compel Respondent to Provide Spouse's Bank Records or Subpoena if Necessary"**
This title directly reflects your request. Does this meet your needs, or do you have any other preferences?
Thank you for your detailed explanation. To ensure clarity and conciseness, here’s a suggested title:
**"Motion to Compel Respondent to Provide Spouse's Bank Records or Subpoena if Necessary"**
This title directly reflects your request. Does this meet your needs, or do you have any other preferences?
And can you also give me a full detail of exactly what my title is conveying to the judge? Meaning, what is my title conveying, as in, what am I requesting?
Hello Lula,
The suggested title, **"Motion to Compel Respondent to Provide Spouse's Bank Records or Subpoena if Necessary"**, conveys the following to the judge:
- **Compel Discovery**: You are requesting the court to order the respondent to provide the spouse's bank records directly.
- **Subpoena if Necessary**: If the respondent fails to comply, you are asking the court to issue a subpoena for the spouse's bank records to ensure compliance.
This title clearly indicates your request for the court's intervention to obtain essential financial records for fair child support assessment.
Is this clear, or do you need any further clarification?
The suggested title, **"Motion to Compel Respondent to Provide Spouse's Bank Records or Subpoena if Necessary"**, conveys the following to the judge:
- **Compel Discovery**: You are requesting the court to order the respondent to provide the spouse's bank records directly.
- **Subpoena if Necessary**: If the respondent fails to comply, you are asking the court to issue a subpoena for the spouse's bank records to ensure compliance.
This title clearly indicates your request for the court's intervention to obtain essential financial records for fair child support assessment.
Is this clear, or do you need any further clarification?
So what would you say is considered? direct evidence? presented to a child support judge
Hello Lula,
Direct evidence is any evidence that directly proves a fact without needing inference. For a child support judge, direct evidence may include:
- Bank statements showing financial transactions.
- Pay stubs or income records.
- Receipts of payments made for expenses.
- Written or recorded statements admitting financial details.
Is there any specific type of direct evidence you are looking to present or need more details on?
Direct evidence is any evidence that directly proves a fact without needing inference. For a child support judge, direct evidence may include:
- Bank statements showing financial transactions.
- Pay stubs or income records.
- Receipts of payments made for expenses.
- Written or recorded statements admitting financial details.
Is there any specific type of direct evidence you are looking to present or need more details on?
So let's pretend that you are an actual attorney. And I, as a petitioner in this case, consult with you and tell you that I directly provided. overwhelming. meaning an overwhelming amount of direct evidence to this child support judge. meaning the respondents Bank statements. his explanations of where the money was coming from and where it was going. Documents. proving who is receiving under the table and come from plus his bank statements showing the sell payments of that money received documents that he put down $*,* out of his pocket for a townhouse in May. * but purchased it under the girlfriend's and her 30 year old son's names. while he's been paying the mortgage and everything else. also in his explanation of financial disclosures. admitting that he supported And paid for college expenses for the girlfriends sons who were. well over the age of *. Other documents that I have subpoenaed. and ordered to be provided to the judge directly, such as the respondents motorcycle loan records to respond at auto loan records. showing that he falsely claimed that he still owes $*,* on the motorcycle when in fact it is paid off Also, his auto loan records showing that the other vehicle was paid off and he now has a new vehicle he's making monthly payments on all while falsely claiming to be financially struggling$*,* in debt Falsely claiming that a girlfriend is financially helping him, when in fact the girlfriend has been unemployed since *. His bank statements also directly showing. that over $*,* has been sent to the girlfriend by Apple cash and sell payments. An image of a cashier's check made out from the respondent to the girlfriend for.$*,*. His bank statements also directly showing the huge amount of money that was going into his account and anywhere from * to *,* dollars going out of his account per month. Also. documented evidence that most recently the respondent had the girlfriend son whom was also on the deed, the first. time he put the down payment for the townhouse, as if he sold it to the girlfriend, but again, that is the respondents payment down payment again and he's continuing to pay the mortgage and everything else. So would you say if you were an attorney and I told you what I provided, would you say that that's direct evidence? Would you also say as an attorney? that it's also direct evidence proving the girlfriends in interference? making her a third party? What would your first initial thoughts and comments be? If I were to come to you, if you were an attorney, and I stated that I have provided all of this direct evidence to this judge,
Hello Lula,
Based on the information you've provided, I can confirm that the evidence you have presented constitutes direct evidence. Here are my thoughts:
- **Direct Evidence**: The bank statements, financial disclosures, and loan records directly prove the respondent's financial activities.
- **Third-Party Interference**: The evidence showing financial support and transactions involving the girlfriend and her family may indicate her involvement as a third party affecting the respondent's financial obligations.
Would you like further details on how to highlight this evidence in your motion?
Based on the information you've provided, I can confirm that the evidence you have presented constitutes direct evidence. Here are my thoughts:
- **Direct Evidence**: The bank statements, financial disclosures, and loan records directly prove the respondent's financial activities.
- **Third-Party Interference**: The evidence showing financial support and transactions involving the girlfriend and her family may indicate her involvement as a third party affecting the respondent's financial obligations.
Would you like further details on how to highlight this evidence in your motion?
And if I were to ask you. if you were an actual attorney, if it was proper for the judge to do this? or not?MOTION FOR RECONSIDERATION OF DENIED MOTION TO COMPEL RESPONDENT TO PROVIDE SPOUSE'S BANK RECORDS OR SUBPOENA IF NECESSARY
I, [Your Name], the pro se petitioner in this case, respectfully submit this motion for reconsideration of the court's denial of my motion to compel discovery and subpoena the respondent's spouse's bank records. This motion outlines the procedural history, the substantial evidence provided, and the necessity of obtaining these records to ensure a fair and accurate assessment of the respondent's financial situation, which directly impacts the child support obligations for my three biological children.
#### Background
*. **Filing the Motion**: On September *, *, I filed a motion to compel discovery of the respondent's spouse's Huntington Bank records due to substantial financial transactions from the respondent to his spouse.
*. **Judge's Instruction**: On September *, *, the judge instructed me to change the title of the motion and resubmit it, which I did on September *, *.
*. **Court Sessions**: During court sessions on October *, *, and November *, *, the judge and the respondent's attorney provided unclear responses regarding the status of the motion. The judge ultimately denied the motion without discussion or recorded reasoning.
#### Evidence of Hidden Assets and Transactions
I present documented evidence showing significant financial transactions from the respondent to his spouse, including:
a. $*,* in Apple Cash and Zelle payments.
b. A cashier's check for $*,*.
c. Monthly spending between $*,* and $*,*, including large cash withdrawals and deposits.
d. Under-the-table income received via Zelle.
e. Purchase of a townhouse under the spouse's and her son's names with a $*,* down payment from the respondent.
f. Payments for the spouse's mortgage, groceries, bills, shopping, vacations, and vehicles.
g. Evidence of the respondent's false claims about his debt and financial struggles.
h. Recent down payment on another townhouse on September *, *.
i. **College Expenses**: Evidence that the respondent is covering college expenses for the spouse's adult sons, while not providing for his own twin sons' college expenses, books, or any related costs.
#### Legal Basis
*. **Illinois Supreme Court Rule *(b)(*)**: The scope of discovery allows for obtaining non-privileged information relevant to the case. The respondent's financial transactions with his spouse are directly relevant to the child support obligations.
*. *** ILCS */***: This statute emphasizes the importance of proper financial support for children. The respondent's concealed assets and financial misconduct directly impact his ability to fulfill his child support obligations.
*. **Illinois Supreme Court Rule ***: This rule provides the procedures for issuing subpoenas to third parties. Obtaining the spouse's bank records is essential to uncovering the respondent's concealed assets and ensuring a fair assessment of his financial situation.
#### Argument
*. **Necessity of Obtaining Spouse's Bank Records**: The respondent's financial transactions with his spouse indicate potential financial misconduct and asset hiding. Obtaining the spouse's Huntington Bank records is crucial for a fair and accurate assessment of the respondent's financial situation.
*. **Impact on Child Support Obligations**: The respondent's financial support for his spouse and her five sons, while neglecting his obligations to his three biological children, is unjust and deprives the children of proper support.
*. **Procedural Irregularities**: The judge's denial of the motion without discussion or recorded reasoning overlooks significant evidence and raises concerns about the fairness of the judicial process.
#### Relief Sought
The petitioner respectfully requests the court to:
*. Reconsider the denial of the motion to compel discovery and subpoena the respondent's spouse's Huntington Bank records.
*. Issue a subpoena if necessary to obtain the bank records.
*. Provide a written explanation for the denial of the initial motion.
*. Ensure that the respondent's financial situation is accurately assessed to provide proper child support for the petitioner's children.
#### Conclusion
The petitioner urges the court to reconsider the substantial evidence presented and grant the motion to compel discovery and subpoena of the respondent's spouse's bank records to ensure a fair and just outcome for the petitioner's children.
Hello Lula,
Regarding your question, as an attorney, I would evaluate the judge's actions based on the procedural fairness and the rules of evidence. Here are some key points:
- **Proper Procedure**: Judges must provide clear reasons for their decisions, especially when denying motions.
- **Direct Evidence**: Your evidence appears substantial and relevant to the case.
- **Fairness**: Denying the motion without recorded reasoning raises concerns about procedural fairness.
In summary, the judge should have provided clear, recorded reasons for denying your motion, given the significant evidence you presented. If you believe the denial was improper, reconsideration is appropriate. Would you like further assistance on how to proceed?
Regarding your question, as an attorney, I would evaluate the judge's actions based on the procedural fairness and the rules of evidence. Here are some key points:
- **Proper Procedure**: Judges must provide clear reasons for their decisions, especially when denying motions.
- **Direct Evidence**: Your evidence appears substantial and relevant to the case.
- **Fairness**: Denying the motion without recorded reasoning raises concerns about procedural fairness.
In summary, the judge should have provided clear, recorded reasons for denying your motion, given the significant evidence you presented. If you believe the denial was improper, reconsideration is appropriate. Would you like further assistance on how to proceed?
Can you tell me what do you mean by she should have had provided clear, recorded read. so as what
Hello Lula,
When I mention that the judge should have provided "clear, recorded reasons," I mean the following:
- **Clear Explanation**: The judge should clearly explain why the motion was denied.
- **Recorded Reasons**: The reasons should be documented in the court record for transparency and future reference.
This ensures fairness and allows you to understand the basis of the decision. Would you like further assistance on how to address this in your motion?
When I mention that the judge should have provided "clear, recorded reasons," I mean the following:
- **Clear Explanation**: The judge should clearly explain why the motion was denied.
- **Recorded Reasons**: The reasons should be documented in the court record for transparency and future reference.
This ensures fairness and allows you to understand the basis of the decision. Would you like further assistance on how to address this in your motion?
The only thing the judge stated. first, she falsely stated that she had already denied the. most **** when I replied back to her and told her that she did not, that she in fact told me to retitle it and resubmit it, which I did, I also told her that she told me that it is not up yet. I also stated to her that none of the previous court orders. support her claim that she has already denied that motion. She then replied well, I'm denying it now. I don't need or want her and her information in my court. as it clearly states in the drafted court order. Petitioners motion from girlfriends records denied. That was it.
Hello Lula,
It seems the judge's actions have raised concerns about procedural fairness. Given your situation, you might consider highlighting the following points in your motion for reconsideration:
- **Lack of Clear Explanation**: Emphasize that the judge did not provide a clear, documented reason for the denial of your motion.
- **Contradictory Statements**: Point out the inconsistencies in the judge's statements regarding the status of your motion.
- **Procedural Irregularities**: Stress that the judge's actions overlooked the substantial direct evidence you provided.
Would you like more detailed guidance on drafting this section in your motion?
It seems the judge's actions have raised concerns about procedural fairness. Given your situation, you might consider highlighting the following points in your motion for reconsideration:
- **Lack of Clear Explanation**: Emphasize that the judge did not provide a clear, documented reason for the denial of your motion.
- **Contradictory Statements**: Point out the inconsistencies in the judge's statements regarding the status of your motion.
- **Procedural Irregularities**: Stress that the judge's actions overlooked the substantial direct evidence you provided.
Would you like more detailed guidance on drafting this section in your motion?
I actually want you to read what I have drafted so far. and tell me if they point out everything they should be pointing out and stating MOTION FOR RECONSIDERATION OF DENIED MOTION TO COMPEL RESPONDENT TO PROVIDE SPOUSE'S BANK RECORDS OR SUBPOENA IF NECESSARY
I, [Your Name], the pro se petitioner in this case, respectfully submit this motion for reconsideration of the court's denial of my motion to compel discovery and subpoena the respondent's spouse's bank records. This motion outlines the procedural history, the substantial evidence provided, and the necessity of obtaining these records to ensure a fair and accurate assessment of the respondent's financial situation, which directly impacts the child support obligations for my three biological children.
#### Background
*. **Filing the Motion**: On September *, *, I filed a motion to compel discovery of the respondent's spouse's Huntington Bank records due to substantial financial transactions from the respondent to his spouse.
*. **Judge's Instruction**: On September *, *, the judge instructed me to change the title of the motion and resubmit it, which I did on September *, *.
*. **Court Sessions**: During court sessions on October *, *, and November *, *, the judge and the respondent's attorney provided unclear responses regarding the status of the motion. The judge ultimately denied the motion without discussion or recorded reasoning.
#### Evidence of Hidden Assets and Transactions
I present documented evidence showing significant financial transactions from the respondent to his spouse, including:
a. $*,* in Apple Cash and Zelle payments.
b. A cashier's check for $*,*.
c. Monthly spending between $*,* and $*,*, including large cash withdrawals and deposits.
d. Under-the-table income received via Zelle.
e. Purchase of a townhouse under the spouse's and her son's names with a $*,* down payment from the respondent.
f. Payments for the spouse's mortgage, groceries, bills, shopping, vacations, and vehicles.
g. Evidence of the respondent's false claims about his debt and financial struggles.
h. Recent down payment on another townhouse on September *, *.
i. **College Expenses**: Evidence that the respondent is covering college expenses for the spouse's adult sons, while not providing for his own twin sons' college expenses, books, or any related costs.
#### Legal Basis
*. **Illinois Supreme Court Rule *(b)(*)**: The scope of discovery allows for obtaining non-privileged information relevant to the case. The respondent's financial transactions with his spouse are directly relevant to the child support obligations.
*. *** ILCS */***: This statute emphasizes the importance of proper financial support for children. The respondent's concealed assets and financial misconduct directly impact his ability to fulfill his child support obligations.
*. **Illinois Supreme Court Rule ***: This rule provides the procedures for issuing subpoenas to third parties. Obtaining the spouse's bank records is essential to uncovering the respondent's concealed assets and ensuring a fair assessment of his financial situation.
#### Argument
*. **Necessity of Obtaining Spouse's Bank Records**: The respondent's financial transactions with his spouse indicate potential financial misconduct and asset hiding. Obtaining the spouse's Huntington Bank records is crucial for a fair and accurate assessment of the respondent's financial situation.
*. **Impact on Child Support Obligations**: The respondent's financial support for his spouse and her five sons, while neglecting his obligations to his three biological children, is unjust and deprives the children of proper support.
*. **Procedural Irregularities**: The judge's denial of the motion without discussion or recorded reasoning overlooks significant evidence and raises concerns about the fairness of the judicial process.
#### Relief Sought
The petitioner respectfully requests the court to:
*. Reconsider the denial of the motion to compel discovery and subpoena the respondent's spouse's Huntington Bank records.
*. Issue a subpoena if necessary to obtain the bank records.
*. Provide a written explanation for the denial of the initial motion.
*. Ensure that the respondent's financial situation is accurately assessed to provide proper child support for the petitioner's children.
#### Conclusion
The petitioner urges the court to reconsider the substantial evidence presented and grant the motion to compel discovery and subpoena of the respondent's spouse's bank records to ensure a fair and just outcome for the petitioner's children.
Can you please tell me yes or no?
Yes, your draft appears to cover the necessary points effectively. It outlines the procedural history, presents substantial evidence, references relevant legal bases, and argues the necessity and impact of obtaining the records. It also highlights procedural irregularities and clearly states the relief sought. For clarity and thoroughness, your motion seems well-structured.
And if I file this motion exactly the way it is written, what will. it will convey to the judge.
Hello Lula,
If you file this motion exactly as written, it will convey the following to the judge:
- **Procedural History**: The detailed timeline of your previous attempts to compel discovery, including the judge's instructions and responses.
- **Substantial Evidence**: The significant and direct evidence you have provided, showing financial transactions and potential misconduct by the respondent.
- **Legal Basis**: The relevant Illinois laws and rules that support your request for discovery and subpoenas.
- **Argument for Necessity**: Why obtaining the spouse's bank records is crucial for a fair assessment of the respondent's financial situation and child support obligations.
- **Concerns of Procedural Fairness**: Pointing out the judge's lack of clear, recorded reasoning in denying your motion.
This motion aims to highlight the necessity of obtaining the financial records for accurate child support assessment and underscores the procedural irregularities that have occurred.
Would you like further assistance on any specific part of your motion?
If you file this motion exactly as written, it will convey the following to the judge:
- **Procedural History**: The detailed timeline of your previous attempts to compel discovery, including the judge's instructions and responses.
- **Substantial Evidence**: The significant and direct evidence you have provided, showing financial transactions and potential misconduct by the respondent.
- **Legal Basis**: The relevant Illinois laws and rules that support your request for discovery and subpoenas.
- **Argument for Necessity**: Why obtaining the spouse's bank records is crucial for a fair assessment of the respondent's financial situation and child support obligations.
- **Concerns of Procedural Fairness**: Pointing out the judge's lack of clear, recorded reasoning in denying your motion.
This motion aims to highlight the necessity of obtaining the financial records for accurate child support assessment and underscores the procedural irregularities that have occurred.
Would you like further assistance on any specific part of your motion?
No, I just wanna know that if it will clearly come. away to the judge. that she actually had an alright to deny. it the way she did. It will also convey to her that she is overlooking documented evidence. This is the stuff I wanna know what? will it Convey to this judge. Can it also convey? that her rulings are. baseless and not in the best interest of my children and that I can file a complaint about her
Hello Lula,
Your motion will convey to the judge the following points:
- **Overlooking Documented Evidence**: It indicates the significant documented evidence you provided that was not considered.
- **Lack of Justification**: It highlights the judge's lack of clear and recorded reasons for denying your motion.
- **Procedural Fairness**: It raises concerns about the fairness of the judicial process due to the denial without proper explanation.
While it implicitly suggests that the judge’s rulings may not be in the best interest of your children, it is important to remain respectful and factual in your language. If needed, you can file a complaint about the judge through the appropriate legal channels.
Would you like guidance on how to file a complaint?
Your motion will convey to the judge the following points:
- **Overlooking Documented Evidence**: It indicates the significant documented evidence you provided that was not considered.
- **Lack of Justification**: It highlights the judge's lack of clear and recorded reasons for denying your motion.
- **Procedural Fairness**: It raises concerns about the fairness of the judicial process due to the denial without proper explanation.
While it implicitly suggests that the judge’s rulings may not be in the best interest of your children, it is important to remain respectful and factual in your language. If needed, you can file a complaint about the judge through the appropriate legal channels.
Would you like guidance on how to file a complaint?
Because the drafted court order clearly states lula's Motion to order respondent to provide girlfriend's bank records. and for subpoena if necessary, is hereby denied That's all it states.
Hello Lula,
Thank you for your message. Based on the drafted court order, it seems the denial was made without detailed reasoning. Here are some points your motion will convey:
- **Overlooked Evidence**: The judge did not consider substantial evidence provided.
- **Lack of Justification**: The denial lacked clear, recorded reasons.
- **Procedural Fairness**: Raises concerns about the fairness of the process.
If you feel the judge's rulings are baseless and not in the best interest of your children, you may consider filing a complaint. Would you like guidance on how to file a judicial complaint in Illinois?
Thank you for your message. Based on the drafted court order, it seems the denial was made without detailed reasoning. Here are some points your motion will convey:
- **Overlooked Evidence**: The judge did not consider substantial evidence provided.
- **Lack of Justification**: The denial lacked clear, recorded reasons.
- **Procedural Fairness**: Raises concerns about the fairness of the process.
If you feel the judge's rulings are baseless and not in the best interest of your children, you may consider filing a complaint. Would you like guidance on how to file a judicial complaint in Illinois?
So that's exactly what it states in the drafted court order. but verbally, the judge stated as follows. Well, I'm denying it now. I don't need or want her information in my court. Is that justifying her denial? After crucial evidence.
Hello Lula,
The judge's verbal statement, "Well, I'm denying it now. I don't need or want her information in my court," does not provide a substantial or legally justified reason for denying your motion, especially given the crucial evidence you provided. Here are key points your motion will convey:
- **Overlooked Evidence**: Indicates that significant evidence was not considered.
- **Lack of Justification**: Highlights the absence of a clear, recorded rationale for the denial.
- **Procedural Fairness**: Raises issues about the fairness and transparency of the judicial process.
Would you like further assistance on addressing this in your motion or filing a complaint?
The judge's verbal statement, "Well, I'm denying it now. I don't need or want her information in my court," does not provide a substantial or legally justified reason for denying your motion, especially given the crucial evidence you provided. Here are key points your motion will convey:
- **Overlooked Evidence**: Indicates that significant evidence was not considered.
- **Lack of Justification**: Highlights the absence of a clear, recorded rationale for the denial.
- **Procedural Fairness**: Raises issues about the fairness and transparency of the judicial process.
Would you like further assistance on addressing this in your motion or filing a complaint?
So based on everything I stated on what you read, read that is stated in my motion. And if I file it, will that. convey to this judge. that I will not allow her to get away with her baseless in rulings.
Hello Lula,
Filing your motion as drafted will effectively convey the following to the judge:
- **Overlooked Evidence**: You provided substantial evidence that was not considered.
- **Lack of Justification**: The judge did not provide a clear, documented reason for the denial.
- **Procedural Fairness**: The fairness of the judicial process is in question due to the lack of detailed reasoning.
While your motion will highlight these points, it is essential to remain respectful and factual. This approach strengthens your position and increases the likelihood of a fair reconsideration.
Would you like further assistance on any specific aspect of your motion?
Filing your motion as drafted will effectively convey the following to the judge:
- **Overlooked Evidence**: You provided substantial evidence that was not considered.
- **Lack of Justification**: The judge did not provide a clear, documented reason for the denial.
- **Procedural Fairness**: The fairness of the judicial process is in question due to the lack of detailed reasoning.
While your motion will highlight these points, it is essential to remain respectful and factual. This approach strengthens your position and increases the likelihood of a fair reconsideration.
Would you like further assistance on any specific aspect of your motion?
Discharge also seems to think that just that because. I'm self representing myself. that she can just. get away with it.
Hello Lula,
I understand your concerns about self-representing and the judge's actions. Here are some key points your motion will convey:
- **Overlooked Evidence**: Substantial evidence was not considered.
- **Lack of Justification**: The judge did not provide a clear, documented reason for the denial.
- **Procedural Fairness**: Raises issues about the fairness and transparency of the judicial process.
Staying factual and respectful in your motion reinforces your position. Would you like further assistance on any specific part of your motion?
I understand your concerns about self-representing and the judge's actions. Here are some key points your motion will convey:
- **Overlooked Evidence**: Substantial evidence was not considered.
- **Lack of Justification**: The judge did not provide a clear, documented reason for the denial.
- **Procedural Fairness**: Raises issues about the fairness and transparency of the judicial process.
Staying factual and respectful in your motion reinforces your position. Would you like further assistance on any specific part of your motion?
How would you better Write this. answer the relevant statues stated within the motion beside. it is partNOW COMES the petitioner Lula Korotkov pro se and respectfully submit this motion for reconsideration of the court's denial of my motion to compel discovery and subpoena the respondent's spouse's bank records. This motion outlines the procedural history, the substantial evidence provided, and the necessity of obtaining these records to ensure a fair and accurate assessment of the respondent's financial situation, which directly impacts the child support obligations for my three biological children.
Here is a revised version that better incorporates the relevant statutes within the motion:
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**MOTION FOR RECONSIDERATION OF DENIED MOTION TO COMPEL RESPONDENT TO PROVIDE SPOUSE'S BANK RECORDS OR SUBPOENA IF NECESSARY**
NOW COMES the petitioner Lula Korotkov, pro se, and respectfully submits this motion for reconsideration of the court's denial of my motion to compel discovery and subpoena the respondent's spouse's bank records. This motion outlines the procedural history, the substantial evidence provided, and the necessity of obtaining these records to ensure a fair and accurate assessment of the respondent's financial situation, which directly impacts the child support obligations for my three biological children.
Background---
**MOTION FOR RECONSIDERATION OF DENIED MOTION TO COMPEL RESPONDENT TO PROVIDE SPOUSE'S BANK RECORDS OR SUBPOENA IF NECESSARY**
NOW COMES the petitioner Lula Korotkov, pro se, and respectfully submits this motion for reconsideration of the court's denial of my motion to compel discovery and subpoena the respondent's spouse's bank records. This motion outlines the procedural history, the substantial evidence provided, and the necessity of obtaining these records to ensure a fair and accurate assessment of the respondent's financial situation, which directly impacts the child support obligations for my three biological children.
*. **Filing the Motion**: On September *, *, I filed a motion to compel discovery of the respondent's spouse's Huntington Bank records due to substantial financial transactions from the respondent to his spouse.
*. **Judge's Instruction**: On September *, *, the judge instructed me to change the title of the motion and resubmit it, which I did on September *, *.
*. **Court Sessions**: During court sessions on October *, *, and November
I am talking only about this part.NOW COMES the petitioner Lula Korotkov pro se and respectfully submit this motion for reconsideration of the court's denial of my motion to compel discovery and subpoena the respondent's spouse's bank records. This motion outlines the procedural history, the substantial evidence provided, and the necessity of obtaining these records to ensure a fair and accurate assessment of the respondent's financial situation, which directly impacts the child support obligations for my three biological children.
Sure, here is a revised and improved version of that part, incorporating relevant statutes:
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**MOTION FOR RECONSIDERATION OF DENIED MOTION TO COMPEL RESPONDENT TO PROVIDE SPOUSE'S BANK RECORDS OR SUBPOENA IF NECESSARY**
NOW COMES the petitioner, Lula Korotkov, pro se, and respectfully submits this motion for reconsideration of the court's denial of my motion to compel discovery and subpoena the respondent's spouse's bank records. This motion outlines the procedural history, the substantial evidence provided, and the necessity of obtaining these records to ensure a fair and accurate assessment of the respondent's financial situation, which directly impacts the child support obligations for my three biological children as per **Illinois Supreme Court Rule *(b)(*)**, *** ILCS */***, and **Illinois Supreme Court Rule ***.
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Does this meet your needs, or do you have any other specific preferences?
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**MOTION FOR RECONSIDERATION OF DENIED MOTION TO COMPEL RESPONDENT TO PROVIDE SPOUSE'S BANK RECORDS OR SUBPOENA IF NECESSARY**
NOW COMES the petitioner, Lula Korotkov, pro se, and respectfully submits this motion for reconsideration of the court's denial of my motion to compel discovery and subpoena the respondent's spouse's bank records. This motion outlines the procedural history, the substantial evidence provided, and the necessity of obtaining these records to ensure a fair and accurate assessment of the respondent's financial situation, which directly impacts the child support obligations for my three biological children as per **Illinois Supreme Court Rule *(b)(*)**, *** ILCS */***, and **Illinois Supreme Court Rule ***.
---
Does this meet your needs, or do you have any other specific preferences?
So when the judge. stated that the motion wasn't up yet, what does she mean by that?
Hello Lula,
When the judge stated that the motion "wasn't up yet," she likely meant that your motion had not yet been scheduled for consideration or discussion during the court session. Essentially, it means the court had not yet reached the point in the proceedings to address your motion.
Would you like more information on how to ensure your motion is properly scheduled for consideration?
When the judge stated that the motion "wasn't up yet," she likely meant that your motion had not yet been scheduled for consideration or discussion during the court session. Essentially, it means the court had not yet reached the point in the proceedings to address your motion.
Would you like more information on how to ensure your motion is properly scheduled for consideration?
So if on November * * when I again inquired about the motion. and the judge stated that she had already denied that motion And I replied that she has not denied the motion. I also pointed out. that none of the previous court orders. state that the motion was denied. I also pointed out that on October * * she and the respondents attorney both stated that the motion was not up yet. She then stated while I'm denying it now Adding. I don't need her information in my court. How do I properly phrase that?
Hello Lula,
Here is a suggested way to phrase that section to highlight the procedural irregularities and lack of proper reasoning for the denial:
---
**Court Sessions and Procedural Irregularities**
*. **October *, ***: During the court session, both the judge and the respondent's attorney stated that the motion was not yet up for consideration.
*. **November *, ***: Upon inquiring about the status of the motion, the judge falsely stated that she had already denied the motion. I respectfully pointed out that:
- The judge had not previously denied the motion.
- None of the previous court orders reflected a denial of the motion.
- On October *, *, both the judge and the respondent's attorney confirmed that the motion was not yet up.
*. **Judge's Response**: Despite my clarifications, the judge stated, "Well, I'm denying it now. I don't need her information in my court." This statement was made without any clear, recorded reasoning or consideration of the substantial evidence provided.
---
This phrasing clearly outlines the procedural timeline, the inconsistencies in the judge's statements, and the lack of proper justification for the denial.
Would you like any additional adjustments or
Here is a suggested way to phrase that section to highlight the procedural irregularities and lack of proper reasoning for the denial:
---
**Court Sessions and Procedural Irregularities**
*. **October *, ***: During the court session, both the judge and the respondent's attorney stated that the motion was not yet up for consideration.
*. **November *, ***: Upon inquiring about the status of the motion, the judge falsely stated that she had already denied the motion. I respectfully pointed out that:
- The judge had not previously denied the motion.
- None of the previous court orders reflected a denial of the motion.
- On October *, *, both the judge and the respondent's attorney confirmed that the motion was not yet up.
*. **Judge's Response**: Despite my clarifications, the judge stated, "Well, I'm denying it now. I don't need her information in my court." This statement was made without any clear, recorded reasoning or consideration of the substantial evidence provided.
---
This phrasing clearly outlines the procedural timeline, the inconsistencies in the judge's statements, and the lack of proper justification for the denial.
Would you like any additional adjustments or
And is it? proper for me to state? that judge falsely stated
Hello Lula,
It's important to maintain a respectful and factual tone in your motion. Instead of stating that the judge "falsely stated," you can phrase it in a way that highlights the discrepancy without directly accusing the judge of dishonesty. Here is a suggestion:
---
**Court Sessions and Procedural Irregularities**
*. **October *, ***: During the court session, both the judge and the respondent's attorney stated that the motion was not yet up for consideration.
*. **November *, ***: Upon inquiring about the status of the motion, the judge stated that she had already denied the motion. I respectfully pointed out that:
- The judge had not previously denied the motion.
- None of the previous court orders reflected a denial of the motion.
- On October *, *, both the judge and the respondent's attorney confirmed that the motion was not yet up.
*. **Judge's Response**: Despite my clarifications, the judge stated, "Well, I'm denying it now. I don't need her information in my court." This statement was made without any clear, recorded reasoning or consideration of the substantial evidence provided.
---
This phrasing maintains a respectful tone while clearly presenting
It's important to maintain a respectful and factual tone in your motion. Instead of stating that the judge "falsely stated," you can phrase it in a way that highlights the discrepancy without directly accusing the judge of dishonesty. Here is a suggestion:
---
**Court Sessions and Procedural Irregularities**
*. **October *, ***: During the court session, both the judge and the respondent's attorney stated that the motion was not yet up for consideration.
*. **November *, ***: Upon inquiring about the status of the motion, the judge stated that she had already denied the motion. I respectfully pointed out that:
- The judge had not previously denied the motion.
- None of the previous court orders reflected a denial of the motion.
- On October *, *, both the judge and the respondent's attorney confirmed that the motion was not yet up.
*. **Judge's Response**: Despite my clarifications, the judge stated, "Well, I'm denying it now. I don't need her information in my court." This statement was made without any clear, recorded reasoning or consideration of the substantial evidence provided.
---
This phrasing maintains a respectful tone while clearly presenting
So I have a question so that I'm better able to understand what I'm. writing and stating when you stated that the judges statement was made without any clear recorded reasoning or consideration of the substantial evidence provided do you actually mean that her denial of the motion? was not given a reason and it was not stated or recorded or recorded in the drafted court order as the drafted court order only states lula's Motion to all. the respondent to provide girlfriends. bank records. is hereby denied
Hello Lula,
Yes, when stating that the judge's denial was made without any clear recorded reasoning or consideration of the substantial evidence provided, it means:
- **No Clear Reason Given**: The judge did not provide a detailed explanation for denying your motion.
- **Not Stated in Court Records**: The reasoning for the denial was not documented in the court order or any other court records.
- **Lack of Consideration**: The judge did not appear to consider the substantial evidence you presented.
Would you like assistance on how to incorporate this into your motion?
Yes, when stating that the judge's denial was made without any clear recorded reasoning or consideration of the substantial evidence provided, it means:
- **No Clear Reason Given**: The judge did not provide a detailed explanation for denying your motion.
- **Not Stated in Court Records**: The reasoning for the denial was not documented in the court order or any other court records.
- **Lack of Consideration**: The judge did not appear to consider the substantial evidence you presented.
Would you like assistance on how to incorporate this into your motion?
So if I wanna state this.Judge's Response: Despite my clarifications, the judge stated, "Well, I'm denying it now." This statement was made without any clear recorded reasoning or consideration of the substantial evidence provided. How do I properly incorporate into that? What it states in the drafted court order?
Here is a revised version that incorporates your statement and the content of the drafted court order:
---
**Court Sessions and Procedural Irregularities**
*. **October *, ***: During the court session, both the judge and the respondent's attorney stated that the motion was not yet up for consideration.
*. **November *, ***: Upon inquiring about the status of the motion, the judge stated that she had already denied the motion. I respectfully pointed out that:
- The judge had not previously denied the motion.
- None of the previous court orders reflected a denial of the motion.
- On October *, *, both the judge and the respondent's attorney confirmed that the motion was not yet up.
*. **Judge's Response**: Despite my clarifications, the judge stated, "Well, I'm denying it now." This statement was made without any clear recorded reasoning or consideration of the substantial evidence provided. The drafted court order only states, "Lula's motion to order the respondent to provide girlfriend's bank records is hereby denied," without further explanation.
---
This phrasing clearly outlines the procedural timeline, the inconsistencies in the judge's statements, and the lack of proper justification for
---
**Court Sessions and Procedural Irregularities**
*. **October *, ***: During the court session, both the judge and the respondent's attorney stated that the motion was not yet up for consideration.
*. **November *, ***: Upon inquiring about the status of the motion, the judge stated that she had already denied the motion. I respectfully pointed out that:
- The judge had not previously denied the motion.
- None of the previous court orders reflected a denial of the motion.
- On October *, *, both the judge and the respondent's attorney confirmed that the motion was not yet up.
*. **Judge's Response**: Despite my clarifications, the judge stated, "Well, I'm denying it now." This statement was made without any clear recorded reasoning or consideration of the substantial evidence provided. The drafted court order only states, "Lula's motion to order the respondent to provide girlfriend's bank records is hereby denied," without further explanation.
---
This phrasing clearly outlines the procedural timeline, the inconsistencies in the judge's statements, and the lack of proper justification for
So I need to know how to properly state. that on September * * The respondent and his girlfriend had her son Anthony called Darren whose name. whose name was on the deed. along with his mother's when purchased and May * was recorded as the seller and Lisa his mother was recorded as the buyer which again the down payment would have came out of the respondents pocket
Hello Lula,
Here is a concise way to state the information:
---
**Transaction Details**
On September *, *, the respondent and his girlfriend facilitated a transaction where her son, Anthony (also called Darren), whose name was on the deed along with his mother's when purchased in May *, was recorded as the seller. Lisa, his mother, was recorded as the buyer. The down payment for this transaction came out of the respondent's pocket.
---
Does this meet your needs, or do you have any other specific preferences?
Here is a concise way to state the information:
---
**Transaction Details**
On September *, *, the respondent and his girlfriend facilitated a transaction where her son, Anthony (also called Darren), whose name was on the deed along with his mother's when purchased in May *, was recorded as the seller. Lisa, his mother, was recorded as the buyer. The down payment for this transaction came out of the respondent's pocket.
---
Does this meet your needs, or do you have any other specific preferences?
I also have a few other questions. because it's mind boggling to me to be honest. For example, if I state in court that the respond up is benefiting And the children. by falsely claiming that on his taxes. while it does not provide any kind of support for them and has not been in their lives for over three years. how is it that the judge seems to think that it is not my place or my business? If that's what the respondent is doing? now the respondent is the biological father of the children and I the petitioner and the biological mother of the children.
Hello Lula,
Thank you for sharing your concerns. In Illinois, family law judges focus on the best interests of the children. Here are some points to consider:
- **Relevance to Child Support**: Tax claims may be relevant if they affect child support calculations.
- **Evidence**: Present evidence that the respondent's actions impact your children.
- **Legal Standing**: As the biological mother, you have the right to raise concerns related to your children's welfare.
Would you like further guidance on presenting this information in court?
Thank you for sharing your concerns. In Illinois, family law judges focus on the best interests of the children. Here are some points to consider:
- **Relevance to Child Support**: Tax claims may be relevant if they affect child support calculations.
- **Evidence**: Present evidence that the respondent's actions impact your children.
- **Legal Standing**: As the biological mother, you have the right to raise concerns related to your children's welfare.
Would you like further guidance on presenting this information in court?
No, I'm just trying to figure out how the judge. is thinking here How is she going to state to me? that that is not my business. These are my children. I can't understand why she would make such a comment. Again, these are my children. So she is basically implying that it is not my business. that the non custodial parent is benefiting my children.
I understand your concern, Lula. It can be frustrating when it seems like the judge is not acknowledging your legitimate concerns about your children's welfare. Here are some possible explanations for the judge's perspective:
- **Legal Boundaries**: The judge might be focusing on specific legal boundaries and procedural rules that determine what evidence and arguments are considered relevant to the case.
- **Taxation Issues**: The judge may consider taxation issues as a separate matter from child support and custody, which could require different legal proceedings or evidence.
- **Focus on Best Interests**: The judge's primary focus should be on the best interests of the children, which might affect how she interprets and prioritizes the information presented.
Would you like further assistance on how to effectively present your concerns in court?
- **Legal Boundaries**: The judge might be focusing on specific legal boundaries and procedural rules that determine what evidence and arguments are considered relevant to the case.
- **Taxation Issues**: The judge may consider taxation issues as a separate matter from child support and custody, which could require different legal proceedings or evidence.
- **Focus on Best Interests**: The judge's primary focus should be on the best interests of the children, which might affect how she interprets and prioritizes the information presented.
Would you like further assistance on how to effectively present your concerns in court?
That is not true with this judge, particular judge. Despite denying. the motion for the girlfriend's records, she order. that I provide a non custodial parent with my daughter's identificat told this judge and presented evidence that I have reported the non custodial parent to the IRS for these reasons and that the IRS advised me not to provide him with the IE pen ion pin so that he may benefit from the child tax credit on my daughter. Despite me having Having made this judge aware that I have reported the non customer parent to the IRS for falsely lying that my children live with him. And They don't. where he has not provided any support for them or has not been in their life for over three years, but still claimed them on his taxes without my permission and falsely claimed that the children live with them and falsely claims to have paid for their education expenses like school fees and books Despite this judge knowing all of that because I provided evidence for that also despite knowing that I was advised by the IRS not to give him the PIN number, she is ordering me to provide him with my daughter's pin number so that he may benefit Now I know for a fact that. this child support judge and her order can not overrule the IRS
Hello Lula,
I understand your frustration. Based on your description, it appears that the judge's decision may not align with IRS recommendations. Here are some steps you can take:
*. **Document the Discrepancies**: Clearly outline the evidence and IRS advice you have received, and how it conflicts with the judge's order.
*. **File for Reconsideration**: Highlight the critical evidence and IRS guidance in your motion for reconsideration.
*. **Seek Legal Advice**: Consider consulting with a family law attorney who can provide tailored advice and potentially represent you in court.
Would you like assistance in drafting a specific part of your motion or additional guidance on any other aspect?
I understand your frustration. Based on your description, it appears that the judge's decision may not align with IRS recommendations. Here are some steps you can take:
*. **Document the Discrepancies**: Clearly outline the evidence and IRS advice you have received, and how it conflicts with the judge's order.
*. **File for Reconsideration**: Highlight the critical evidence and IRS guidance in your motion for reconsideration.
*. **Seek Legal Advice**: Consider consulting with a family law attorney who can provide tailored advice and potentially represent you in court.
Would you like assistance in drafting a specific part of your motion or additional guidance on any other aspect?
I filed an objection to the judge's ruling.
Hello Lula,
Thank you for sharing your situation. Given your concerns, it is essential to clearly document and present the relevant evidence and discrepancies in your objection. Here is a way to structure your objection to highlight the issues effectively:
---
**OBJECTION TO JUDGE'S RULING**
**NOW COMES** the petitioner, Lula Korotkov, pro se, and respectfully submits this objection to the judge's ruling that requires me to provide the respondent with my daughter's Identification Protection PIN (IP PIN) despite evidence and advice from the IRS against such an action.
BackgroundThank you for sharing your situation. Given your concerns, it is essential to clearly document and present the relevant evidence and discrepancies in your objection. Here is a way to structure your objection to highlight the issues effectively:
---
**OBJECTION TO JUDGE'S RULING**
**NOW COMES** the petitioner, Lula Korotkov, pro se, and respectfully submits this objection to the judge's ruling that requires me to provide the respondent with my daughter's Identification Protection PIN (IP PIN) despite evidence and advice from the IRS against such an action.
*. **IRS Reporting**: I have reported the respondent to the IRS for falsely claiming our children on his taxes, asserting they live with him, and stating he has paid for their education expenses, which is untrue.
*. **IRS Advice**: The IRS advised me not to provide the respondent with my daughter's IP PIN to prevent him from benefiting fraudulently from the Child Tax Credit.
*. **Judge's Order**: Despite being informed of the IRS's advice and the evidence presented, the judge ordered me to provide the respondent with my daughter's IP PIN.
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