What is the name of your state (only U.S. law)? IL.
Well, here it goes...there are many questions and a lot of history, and I am sure I will confuse you, as I myself am.
I am the custodial parent of an awesome child, who I love tremendously. My ex and I have joint custody.
My divorce was final in 2000. My ex-husband's lawyer was/is his step-father and his mother works as an official in the local courthouse along side Judges.
My father helped pay the legal fees for the attorneys and court costs during that time. One lawyer I chose to fire, (from the advice his father, who was also a Lawyer, gave me, saying his son would not do anything for my case, because he was lazy), the next one I hired went on to become State's Attorney and could not represent me any longer, so I was unable to go forward. Out of money and desperation I allowed my ex-father-in-law to draw up the papers for our Divorce Decree/Marriage Dissolution which included division of property, income taxes, child support, and so on and so forth. I did not know what I could ask for in the Dissolution paperwork. I trusted my father-in-law to make the appropriate decisions for our child, as well as both of us. Of course he tailored it to benefit his step son. I did not understand the Divorce Decree/Marriage Dissolution paperwork whatsoever, and as I mentioned above, had no money, or resources to find out. No one would explain it to me, including his step father. He stated in the paperwork that my ex has to pay child support after net income, gets to keep the income tax monies for himself, does not have to pay school fees, or for programs, et cetera, and did not state any specific amount of money to pay for child support, it only stated 20% of all income, (which I later found out through an Agency who confirmed the state requires 20% of all said income to be paid to the said minor child). It also stated I had to pay for half of all doctor bills, et cetera, for our son.
However, due to medical disabilities beginning in 2000, (numerous surgeries and health concerns), I became unable to work, so I was granted SSI Disability in 2004-2005, which now pays me $794.00 a month. It took 4-5 years to receive my Disability, so during that time the only money we had to live on was child support, which I am embarrassed to say. My son, who was also found disabled, receives a minimal amount of SSI, as well as a small portion under my Disability, along with an unreported amount of child support my ex pays. (He was supposed to report it through the court, but never has.) He will not tell me how much he makes. In order to make an amendment to the existing judgment, to request that he pay through the court, or to have the file transferred out of the county to my county which is within the same state, (my ex, however, now lives in another state), I was told I will need to hire a Lawyer to do all of these tasks. I prefer to have a Lawyer represent me since I do not understand the Law, the Judgments, my rights and the objections and suggestions my ex father-in-law may propose to the Judge. Because I do meet eligibility requirements, I have asked Legal Aid Clinics to help and to go to court with/for me, however, they say they cannot help me since they do not go to court for cases who have already been judged, or decided upon, and will not make amendments. They do not help with child support/family law. I have tried to search for a Pro Bono Lawyer, asking the University's Law School, (who said they to cannot go to court for cases already decided upon, and cannot make amendments), the IL Bar Association, local Lawyers, et cetera, but have had no such success. I tried calling the Lawyer Referral Service, to find Lawyer's with reduced fees, but I could not afford their retainer fees, or the fees themselves.
At the time of the divorce I was struggling with single parenting, working several jobs, medical and emotional issues, not to mention dealing with the mental and reported physical abuse issues I encountered with my ex. My ex had really good income at the time and now appears with the luxuries/home/vehicles/cruises/vacations/ATV's/etc...to have a great income with a leading highly reputable corporation, is a regional supervisor and has had several promotions within the past 5 years, or so. He had let it slip once that the Company paid him a sizable check for relocation as well, but I am not sure if this is considered income. Now, since I am on Disability and do not have the job I once had at the time of the decision, I cannot adhere to the decisions that the Judge made with this limited income.
As I said above:
I do not understand the Divorce Decree/Marriage Dissolution,
due to the reputation of his father-in-law and his mother, (them being influential with their jobs/positions and local connections), I do not feel I will/or/have receive(d) a fair proceeding within that county, (and possibly surrounding areas), and I am fearful of them, I also cannot get anyone to represent me in the town who will be true. Is it considered a conflict of interest for my ex father-in-law to represent my ex, his stepson? Is this legal and can it be contested? Also, is there anything else I can do to get my case transferred to my county, other than having to hire a Lawyer, (like just fill out a form at the county clerk's office), and can he or his step father contest it, (even though my ex lives out-of-state now)?
When his insurance company and Medicaid do not cover them, I have been paying for half of all of the bills, but struggle to do so. I am wondering if the Decree can be amended to change this requirement, to where he will have to pay for these costs. Such as Dental - Braces are not covered. My ex threatens if I do not pay my half of all of the medical/mental health bills, transportation, etc, which has been stated in the Decree, that he will take me to court, and take our son away, is this possible, even though I have proved I am a fit parent and able to take care of my son?
I cannot afford travel costs to either meet half-way between the two states, or both ways. Luckily he sees our son when he comes home to see his mother and father-in-law, but wants me to transport my son to where he resides and complains about this.
He types a letter each year and signs it, stating what support he is paying every other week, (this is for me to turn into DHS, SS, the school, and grant funded programs), but I am unsure if the amount is correct. So I do want a specific amount to be paid to be stated on paper, as well as reported to the court. My ex told threatened if I take him to court, he will bury me, and make it so costly for me, (he has free representation), then he will also get custody of our son in the process. Is this possible?
I feel badly about the little funds I receive, (which of course some is better than none, especially in these difficult times), which pay the bills at home, but they aren't enough to pay for the extra medical costs. I am fearful he can take away our son, because I cannot pay those costs. However, if he had custody the outcome wouldn't change, I still could not afford to pay. Can the Judge throw me into jail for not being able to pay the medical/mental health bills? Can he also do the same if I cannot transport my son to the state where my ex lives? What would happen, what might the Judge say? I do meet half way to another town between his mother and step father's home and mine each visitation when he returns.
Sorry it's so lengthy and there is much to address, but it's been almost 10 years since I've been able to ask questions regarding this.
Thanks for your time.
Sincerely,
Melissa
Well, here it goes...there are many questions and a lot of history, and I am sure I will confuse you, as I myself am.
I am the custodial parent of an awesome child, who I love tremendously. My ex and I have joint custody.
My divorce was final in 2000. My ex-husband's lawyer was/is his step-father and his mother works as an official in the local courthouse along side Judges.
My father helped pay the legal fees for the attorneys and court costs during that time. One lawyer I chose to fire, (from the advice his father, who was also a Lawyer, gave me, saying his son would not do anything for my case, because he was lazy), the next one I hired went on to become State's Attorney and could not represent me any longer, so I was unable to go forward. Out of money and desperation I allowed my ex-father-in-law to draw up the papers for our Divorce Decree/Marriage Dissolution which included division of property, income taxes, child support, and so on and so forth. I did not know what I could ask for in the Dissolution paperwork. I trusted my father-in-law to make the appropriate decisions for our child, as well as both of us. Of course he tailored it to benefit his step son. I did not understand the Divorce Decree/Marriage Dissolution paperwork whatsoever, and as I mentioned above, had no money, or resources to find out. No one would explain it to me, including his step father. He stated in the paperwork that my ex has to pay child support after net income, gets to keep the income tax monies for himself, does not have to pay school fees, or for programs, et cetera, and did not state any specific amount of money to pay for child support, it only stated 20% of all income, (which I later found out through an Agency who confirmed the state requires 20% of all said income to be paid to the said minor child). It also stated I had to pay for half of all doctor bills, et cetera, for our son.
However, due to medical disabilities beginning in 2000, (numerous surgeries and health concerns), I became unable to work, so I was granted SSI Disability in 2004-2005, which now pays me $794.00 a month. It took 4-5 years to receive my Disability, so during that time the only money we had to live on was child support, which I am embarrassed to say. My son, who was also found disabled, receives a minimal amount of SSI, as well as a small portion under my Disability, along with an unreported amount of child support my ex pays. (He was supposed to report it through the court, but never has.) He will not tell me how much he makes. In order to make an amendment to the existing judgment, to request that he pay through the court, or to have the file transferred out of the county to my county which is within the same state, (my ex, however, now lives in another state), I was told I will need to hire a Lawyer to do all of these tasks. I prefer to have a Lawyer represent me since I do not understand the Law, the Judgments, my rights and the objections and suggestions my ex father-in-law may propose to the Judge. Because I do meet eligibility requirements, I have asked Legal Aid Clinics to help and to go to court with/for me, however, they say they cannot help me since they do not go to court for cases who have already been judged, or decided upon, and will not make amendments. They do not help with child support/family law. I have tried to search for a Pro Bono Lawyer, asking the University's Law School, (who said they to cannot go to court for cases already decided upon, and cannot make amendments), the IL Bar Association, local Lawyers, et cetera, but have had no such success. I tried calling the Lawyer Referral Service, to find Lawyer's with reduced fees, but I could not afford their retainer fees, or the fees themselves.
At the time of the divorce I was struggling with single parenting, working several jobs, medical and emotional issues, not to mention dealing with the mental and reported physical abuse issues I encountered with my ex. My ex had really good income at the time and now appears with the luxuries/home/vehicles/cruises/vacations/ATV's/etc...to have a great income with a leading highly reputable corporation, is a regional supervisor and has had several promotions within the past 5 years, or so. He had let it slip once that the Company paid him a sizable check for relocation as well, but I am not sure if this is considered income. Now, since I am on Disability and do not have the job I once had at the time of the decision, I cannot adhere to the decisions that the Judge made with this limited income.
As I said above:
I do not understand the Divorce Decree/Marriage Dissolution,
due to the reputation of his father-in-law and his mother, (them being influential with their jobs/positions and local connections), I do not feel I will/or/have receive(d) a fair proceeding within that county, (and possibly surrounding areas), and I am fearful of them, I also cannot get anyone to represent me in the town who will be true. Is it considered a conflict of interest for my ex father-in-law to represent my ex, his stepson? Is this legal and can it be contested? Also, is there anything else I can do to get my case transferred to my county, other than having to hire a Lawyer, (like just fill out a form at the county clerk's office), and can he or his step father contest it, (even though my ex lives out-of-state now)?
When his insurance company and Medicaid do not cover them, I have been paying for half of all of the bills, but struggle to do so. I am wondering if the Decree can be amended to change this requirement, to where he will have to pay for these costs. Such as Dental - Braces are not covered. My ex threatens if I do not pay my half of all of the medical/mental health bills, transportation, etc, which has been stated in the Decree, that he will take me to court, and take our son away, is this possible, even though I have proved I am a fit parent and able to take care of my son?
I cannot afford travel costs to either meet half-way between the two states, or both ways. Luckily he sees our son when he comes home to see his mother and father-in-law, but wants me to transport my son to where he resides and complains about this.
He types a letter each year and signs it, stating what support he is paying every other week, (this is for me to turn into DHS, SS, the school, and grant funded programs), but I am unsure if the amount is correct. So I do want a specific amount to be paid to be stated on paper, as well as reported to the court. My ex told threatened if I take him to court, he will bury me, and make it so costly for me, (he has free representation), then he will also get custody of our son in the process. Is this possible?
I feel badly about the little funds I receive, (which of course some is better than none, especially in these difficult times), which pay the bills at home, but they aren't enough to pay for the extra medical costs. I am fearful he can take away our son, because I cannot pay those costs. However, if he had custody the outcome wouldn't change, I still could not afford to pay. Can the Judge throw me into jail for not being able to pay the medical/mental health bills? Can he also do the same if I cannot transport my son to the state where my ex lives? What would happen, what might the Judge say? I do meet half way to another town between his mother and step father's home and mine each visitation when he returns.
Sorry it's so lengthy and there is much to address, but it's been almost 10 years since I've been able to ask questions regarding this.
Thanks for your time.
Sincerely,
Melissa