What is the name of your state (only U.S. law)? IL
My ex had been unemployed for over 2 years as of Nov. 2010. That was when his unemployment ended. His attorney filed a motion to abate. Ok so far so good. We received his discovery in Jan. 2011, and found that in fact he still had some kind of income coming in monthly. Also found that he went out right after it ended and (this is not the only thing we found BTW, just the most expensive) spent over $500 in a used video game store!
Also, the minute they filed motion to abate, he stopped paying any cs. At all. It was never ruled on, so cs never abated.
Come to April 2011. He gets employment. His attorney promises to send first paystub so cs can actually be increased according to state guidelins. They never sent it, even with my attorney asking at least 3 times. So finally we subpeona his work records and file motion to increase. According to judge in court, she is inclined to increase retro to date of employment (not knowing at that time that he had just stopped paying anything for 5 months while taking over $8000 from an IRA in less than 1 1/2 months. No record of where this money went.)
His attorney asked at that time that the cs order not be granted due to his motion for abatement never being ruled on. She states that his cs should be abated until May, the point which we finally subpeoaned work records and filed our motion to increase based on his current pay from April 2011.
My question is, can the judge order that it be abated even though he had already had employment for 2 months and refused to give the information on current pay? We have a letter from his attorney promising this info beforehand and our requests for it after he started working. We go to pre-trial conference soon and I would like to be prepared. (he also owes $thousands from unpaid childcare, etc during the time he was receiving at least $3000 per month from unemployment and union benefits, stated he had no resources, and lived with his parents paying no rent.)
My ex had been unemployed for over 2 years as of Nov. 2010. That was when his unemployment ended. His attorney filed a motion to abate. Ok so far so good. We received his discovery in Jan. 2011, and found that in fact he still had some kind of income coming in monthly. Also found that he went out right after it ended and (this is not the only thing we found BTW, just the most expensive) spent over $500 in a used video game store!
Also, the minute they filed motion to abate, he stopped paying any cs. At all. It was never ruled on, so cs never abated.
Come to April 2011. He gets employment. His attorney promises to send first paystub so cs can actually be increased according to state guidelins. They never sent it, even with my attorney asking at least 3 times. So finally we subpeona his work records and file motion to increase. According to judge in court, she is inclined to increase retro to date of employment (not knowing at that time that he had just stopped paying anything for 5 months while taking over $8000 from an IRA in less than 1 1/2 months. No record of where this money went.)
His attorney asked at that time that the cs order not be granted due to his motion for abatement never being ruled on. She states that his cs should be abated until May, the point which we finally subpeoaned work records and filed our motion to increase based on his current pay from April 2011.
My question is, can the judge order that it be abated even though he had already had employment for 2 months and refused to give the information on current pay? We have a letter from his attorney promising this info beforehand and our requests for it after he started working. We go to pre-trial conference soon and I would like to be prepared. (he also owes $thousands from unpaid childcare, etc during the time he was receiving at least $3000 per month from unemployment and union benefits, stated he had no resources, and lived with his parents paying no rent.)