Announcement

Collapse
No announcement yet.

Motion to Compel??? Illinois court a Joke!

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Motion to Compel??? Illinois court a Joke!

    WEll once again there was yet another hearing oct4 for modification for CS and once again it was rescheduled The Ex's attorney didnt get his discovery done IMAGINE that, This is the 7th hearing we have had this far, The States Attorney office in Illinois has said that he will file a Motion to Compel before the next hearing on the 24th, Wondering what exactly this is?
    How long will they let this drag out they have asked for his income information since April and he wont produce it ... I did tell the States Attorney to check the file back in 2000 when I filed for modification the judge had to order him to turn over this income information and he never did and I had to drop the case due to attorney fees and the cost for all the delays.
    So here we are again and he still wont turn them in.. I did fax the States Attorney the only pay stubs I had from 2001 but they said those were to long ago to go by, Thought they would help . In the mean time the premiums that I pay for our daughter are now $300 a month so Im not getting his half for that either,
    Cant they order to see his taxes?
    He does have another order since this one for another child Will mine come first?
    I know he pays her double what he pays me now Hmmmm our order has not been looked at in 9 years.
    Wish i could change jurisdiction since Tx laws are much better than Illinois

    Thanks for letting me vent here

  • #2
    Originally posted by txtreasure
    WEll once again there was yet another hearing oct4 for modification for CS and once again it was rescheduled The Ex's attorney didnt get his discovery done IMAGINE that, This is the 7th hearing we have had this far, The States Attorney office in Illinois has said that he will file a Motion to Compel before the next hearing on the 24th, Wondering what exactly this is?
    How long will they let this drag out they have asked for his income information since April and he wont produce it ... I did tell the States Attorney to check the file back in 2000 when I filed for modification the judge had to order him to turn over this income information and he never did and I had to drop the case due to attorney fees and the cost for all the delays.
    So here we are again and he still wont turn them in.. I did fax the States Attorney the only pay stubs I had from 2001 but they said those were to long ago to go by, Thought they would help . In the mean time the premiums that I pay for our daughter are now $300 a month so Im not getting his half for that either,
    Cant they order to see his taxes?
    He does have another order since this one for another child Will mine come first?
    I know he pays her double what he pays me now Hmmmm our order has not been looked at in 9 years.
    Wish i could change jurisdiction since Tx laws are much better than Illinois

    Thanks for letting me vent here
    The motion to compel will solve the problem of him refusing to produce his financial records. When the motion is heard, the judge will give him an order to produce the records by a certain date. If he doesn't produce them the court can jail him for willful contempt of a court order.

    I know that it delays things, but a motion to compel is the only way to force a party to produce thier records. It all works to your benefit though, so hang in there.

    Xena

    Comment


    • #3
      The only problem I see with that motion is that in 2000 when the judge ordered him to produce them he didnt the judge also ordered him to pay me $279 in attorney fees within 30 days and he didnt but I couldnt afford to file contempt papers on him so it just sat there, However I did fax copies of those orders to the States Attorney office just in case they were not in the file for them to see I explained to them that this was in fact a delay tatic from the ex's attorney since the history shows they have done this before I just really wish to be done with this, Thanks for your support!

      Also afraid that the ex will say that he cant afford a raise in support since he doenst have a DL anymore which is his fault with two DUI's I just know him all to well

      Thanks again

      Comment


      • #4
        Originally posted by txtreasure
        The only problem I see with that motion is that in 2000 when the judge ordered him to produce them he didnt the judge also ordered him to pay me $279 in attorney fees within 30 days and he didnt but I couldnt afford to file contempt papers on him so it just sat there, However I did fax copies of those orders to the States Attorney office just in case they were not in the file for them to see I explained to them that this was in fact a delay tatic from the ex's attorney since the history shows they have done this before I just really wish to be done with this, Thanks for your support!

        Also afraid that the ex will say that he cant afford a raise in support since he doenst have a DL anymore which is his fault with two DUI's I just know him all to well

        Thanks again
        The reason that he was able to get away with not obeying the court order to produce last time is because nothing further was done to enforce the order.

        This time is different, the state attorney's office will enforce the order to produce, so he is in for a big surprise on that one.

        It is a delay tactic, and unfortunately it does delay things, however the state attorney can prove that he has done this before as a delay. So the judge will most likely give only a short amount of time to produce the records.

        The CS will be based on income only. The court doesn't care about DL, he can always walk to work. So you don't have to worry about that at all.
        Xena

        Comment


        • #5
          Yes it is too bad I couldnt afford to continue at that time that is for sure,
          I know I had done some reading that in Illinois First Families First, Since he has more than one order now Sure hope that is sure the case,

          Do they normally ask for Tax Returns or just pay stubs I know when I filed through OAG I had to send Illionois 3 years worth of tax information before they would even file the petition, Which I thought was odd since Illinois doesnt do the share income figures
          KEEPING MY FINGERS CROSSED! Thanks Xena

          Comment


          • #6
            basically a court order to force the hearing to happen and no more continuances in this context based on what you are saying

            Comment


            • #7
              Update on Motion to Compel

              Well i called Friday to make sure the motion had been filed by the states attorney there in the other state and Of course it was still sitting on his desk to do, They assured me it would be done so that it can be brought up at the next hearing which is in a week, However I called today and find out they still have not done this and in order for it to be heard at the next hearing or in order to file the motion it had to be filed no later than today giving the other attorney atleast 5 days notice of this SO I guess they arent going to be able to file it in time I am so frustrated to say the least! But also dont know what else to do at this point

              Comment

              Working...
              X