What is the name of your state (only U.S. law)? IL
I was divorced this January and have been paying child support and alimony through my payroll. My divorce attorney took advantage of the fact that I didn't have a lot of money to retain another attorney and mistreated me badly - he has withdrawn (mutual) and I have no attorney. I am making payments to him but cannot afford another retainer for a new lawyer - I'm living by a thread. So I've come here to see how much of what I have to do can, in fact, be done without an attorney; hopefully you can help.
On Friday, my position with my employer was eliminated (RIF). As I understand it, I have 10 days to notify the clerk of the circuit court. Someone told me that I need to file an emergency motion for change of circumstance. I have a couple of questions related to this.
First of all a portion of my payments to my Ex are alimony - so if there is a change of circumstance, in as much as I do not have a new job yet, would my request have to formally state both, the alimony and child support? Can anyone shed some light on what I have to make sure to state in the motion - that is, does it have to be phrased a particular way? In addition, I want to make sure that I follow process correctly, such as certified letter to her attorney with notice of motion (when is that done, when I file the motion?); what other things have to be included. The forms that are available on line are a bit confusing - I guess I need to understand the process of what has to happen, and what I need to do to make sure that it happens.
I'm also curious if my total support payments (CS and alimony) are handled the same, at the same time, or if they have to be handled separately. I also don't know if I need to file a Pro Se appearance or anything first.
If I do all of this right, what does it mean for CS/alimony later - once I find a job, I know I have to notify everyone and an order of support to my new employer will be sent (by whom, I'm not sure), but does that mean I will owe arrears of some kind? I expect to file for unemployment on Monday, so how does that figure into what I should expect to happen if my motion for temporary relief or whatever is granted? We don't know how much I'll get in unemployment, and I would expect that a portion of whatever I do get will be ordered to be taken out, but I'm not sure how that works.
Now I know the answer is to find an attorney, but I'm living on a thread, and have just lost my job. I don't know that I have a lot of choice, so I have to try to do the best job I can, myself. Since I've gotten sage advice from this forum in the past, I'm hoping that someone can help. I'm not afraid of doing the research, but I don't have a clear sense of the steps to take and the order in which to take them.
Can anyone help me?What is the name of your state (only U.S. law)?
I was divorced this January and have been paying child support and alimony through my payroll. My divorce attorney took advantage of the fact that I didn't have a lot of money to retain another attorney and mistreated me badly - he has withdrawn (mutual) and I have no attorney. I am making payments to him but cannot afford another retainer for a new lawyer - I'm living by a thread. So I've come here to see how much of what I have to do can, in fact, be done without an attorney; hopefully you can help.
On Friday, my position with my employer was eliminated (RIF). As I understand it, I have 10 days to notify the clerk of the circuit court. Someone told me that I need to file an emergency motion for change of circumstance. I have a couple of questions related to this.
First of all a portion of my payments to my Ex are alimony - so if there is a change of circumstance, in as much as I do not have a new job yet, would my request have to formally state both, the alimony and child support? Can anyone shed some light on what I have to make sure to state in the motion - that is, does it have to be phrased a particular way? In addition, I want to make sure that I follow process correctly, such as certified letter to her attorney with notice of motion (when is that done, when I file the motion?); what other things have to be included. The forms that are available on line are a bit confusing - I guess I need to understand the process of what has to happen, and what I need to do to make sure that it happens.
I'm also curious if my total support payments (CS and alimony) are handled the same, at the same time, or if they have to be handled separately. I also don't know if I need to file a Pro Se appearance or anything first.
If I do all of this right, what does it mean for CS/alimony later - once I find a job, I know I have to notify everyone and an order of support to my new employer will be sent (by whom, I'm not sure), but does that mean I will owe arrears of some kind? I expect to file for unemployment on Monday, so how does that figure into what I should expect to happen if my motion for temporary relief or whatever is granted? We don't know how much I'll get in unemployment, and I would expect that a portion of whatever I do get will be ordered to be taken out, but I'm not sure how that works.
Now I know the answer is to find an attorney, but I'm living on a thread, and have just lost my job. I don't know that I have a lot of choice, so I have to try to do the best job I can, myself. Since I've gotten sage advice from this forum in the past, I'm hoping that someone can help. I'm not afraid of doing the research, but I don't have a clear sense of the steps to take and the order in which to take them.
Can anyone help me?What is the name of your state (only U.S. law)?