What is the name of your state (only U.S. law)? IL
We have been in court for over 3 years (2 with attorneys) regarding monies owed by my ex. It stipulates (both attorneys agree) that our original order stated that we shall split all extracurricular fees (one activity chosen by him,one chosen by me per each of our 2 children), daycare fees, and medical bills over insurance 50/50. He stopped paying anything July 2009. He is clearly in contempt. I have proven time and again through discovery and depositions by both of us that he had the funds to pay and willfully chose not to pay. The judge refuses to issue any kind of order, contempt or otherwise. My attorney's hands are tied, noone can get this judge to rule, while my ex owes thousands! How can we get the judge to rule? We had a hearing (she does not like those either), he gave up custody, but nothing on the monetary issues. we had a very strong case for both custody and support. I am going broke paying my attorney, he, apparently, has not paid his attorney at all yet she still represents him. All while I am basically supporting the kids on my own. The judge even refuses to modify his cs at this point (although I am certain it will happen retro to the date of filing as told by my attorney) even though he lost his job in May 2012. I only want to solve this all fairly. I understand that cs should be modified and am not against this (the state is still withholding as much as they can from unemployment and union benefits, but not by that much more than the modification would be).
Any advice? This judge is in IL, can retire, and still sits. I cannot ask for change because she has made significant rulings, so statute says we are stuck with this judge.
Any help would be really appreciated. BTW - since he voluntarily gave up custody - giving me sole custody - we have no judgement in place for visitation, etc, just the one sentence order stating that I have sole custody that was ordered in April 2012. I hate being in limbo, but other side refuses to discuss either issue except his cs modification.
So, can a judge be required to rule in a timely manner? Does anyone know if there is a time period? There were no modification requests on the 50/50 issues for even the first 1 1/2 years of court time. I thought with an attorney that it would go more smoothly. Help!
Thank you,
We have been in court for over 3 years (2 with attorneys) regarding monies owed by my ex. It stipulates (both attorneys agree) that our original order stated that we shall split all extracurricular fees (one activity chosen by him,one chosen by me per each of our 2 children), daycare fees, and medical bills over insurance 50/50. He stopped paying anything July 2009. He is clearly in contempt. I have proven time and again through discovery and depositions by both of us that he had the funds to pay and willfully chose not to pay. The judge refuses to issue any kind of order, contempt or otherwise. My attorney's hands are tied, noone can get this judge to rule, while my ex owes thousands! How can we get the judge to rule? We had a hearing (she does not like those either), he gave up custody, but nothing on the monetary issues. we had a very strong case for both custody and support. I am going broke paying my attorney, he, apparently, has not paid his attorney at all yet she still represents him. All while I am basically supporting the kids on my own. The judge even refuses to modify his cs at this point (although I am certain it will happen retro to the date of filing as told by my attorney) even though he lost his job in May 2012. I only want to solve this all fairly. I understand that cs should be modified and am not against this (the state is still withholding as much as they can from unemployment and union benefits, but not by that much more than the modification would be).
Any advice? This judge is in IL, can retire, and still sits. I cannot ask for change because she has made significant rulings, so statute says we are stuck with this judge.
Any help would be really appreciated. BTW - since he voluntarily gave up custody - giving me sole custody - we have no judgement in place for visitation, etc, just the one sentence order stating that I have sole custody that was ordered in April 2012. I hate being in limbo, but other side refuses to discuss either issue except his cs modification.
So, can a judge be required to rule in a timely manner? Does anyone know if there is a time period? There were no modification requests on the 50/50 issues for even the first 1 1/2 years of court time. I thought with an attorney that it would go more smoothly. Help!
Thank you,