What to do regarding a motion for hearing for child support?
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What to do regarding a motion for hearing for child support?
Yesterday, I received a motion of hearing from my ex for a court date this Friday. It’s to try to get me to pay more money than I already am towards our kids medical bills. My share is $1500 and I give her an extra $100-$200 a month on top of child support to but towards the bills. I simply can’t afford any more right now. Is that I am not going to be in town during the initial court date. Again, I got notice of filing on 06/15 and the motion for hearing date is 06/21. Am I required to be there? Is there a way to request a re-scheduled date?
Asked on June 16, 2019 under Family Law, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
It may be too late with the hearing scheduled for June 21, but you should file an income and expense declaration with the court showing that you can't afford the additional amount your ex is requesting. Include a proof of service. Mail a copy of the income and expense declaration with the proof of service by overnight delivery.
It may be too late, but call the court clerk to find out if you can make a telephone appearance instead of being physically present in the courtroom. Be sure to timely submit the appropriate forms for requesting a telephone appearance or your request will be denied.
Contact the attorney for your ex or if none, your ex to agree to requesting a continuance.
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