Legal Question in Family Law in California

Hello, this is an interesting case. Here are the particulars:

1) 1982 Calif Divorce decree ordered EX to pay $500 per month, plus cost-of-living annual adjustment.

2) In 2005 EX in arrears 38K plus 75K interest (not including any annual cost-of-living adjustments).

3) EX moves to Illinois in 2006 to avoid process of service.

4) Early 2006, I filed inter-state collection enforcement for arrears only case.

5) Late 2006, Illinois court orders default judgment for 113K against EX, with monthly payment of only $300 per month. (Judge stipulates that EX can litigate the underlying CA order in CA).

It will take EX 31 years to pay the debt at $300 per month (not including interest). EX is 67, and his income is estimated at $2500. EX did not cooperate or provide financial statement to the Illinois Court, thus, default judgment.

I have received $300 per month for 18 last months via garnishment of EX social security income plus some tax refund intercepts, thus, I was content that EX will be paying for the rest of his life.

Then, to my amazement, I received from EX's CA attorney an Order To Show Cause for clairfication of arrears due since there were many CS checks that EX paid that were not included in the Title-IV petition exhibit/accounting that I had submitted. This would have reduced his debt by about 50%, which is not a problem. However, EX also falsely claims he was not aware of back child support due, and wants the interest negated. This is not OK.

INTERESTING CONSIDERATIONS:

1) In addition to the credits for the additional CS checks I also forgot to include I also forgot to include the the annual cost-of-living adjustment in the Title-IV petition exhibit spreadsheet printout showing amounts due, payments, and interest. The CA order states that this annual adjustment is based upon EITHER the Social Security COLA or EX's wages annual increases, whichever is LESS. Based upon the SS COLA, and including the credit for the additional CS checks, EX would still owe slightly more then the 113K default judgment.

2) Since there is going to be a hearing, I want to increase in the $300 monthly payment so that the debt can be paid in a timely manner, not 31 years. Also, the default judgment makes no reference to interest. I assume the underlying CA order still generates 10% annual interest, about $3900 per year, thus, the $300 per month payment does not even pay the interest!

3) EX is 67 years old and should have realized that he is better off paying the $300 per month for the rest of life then having to pay $500 or more per month based upon his ability to pay. He has never provided a financial statement and I know he earns at least $2500 per month retirement benefits and pension income, and should have received an inheritance this year since his sons received an inherteraicne when EX's father passed away this year. EX may also own real estate in Brazil since he received 60K in the divorce settlement in 1982 from the sale of the family home.

Questions:

1) In order to request an increase in $300 monthly payment, do I need to file my own "Order to Show Cause" Modification request or can I make the request in my Response Declaration?

2) Do I need to file a Demand for Production of Dcuments to obtain EX's Social Security Statement showing his annual earnings from 1981 to 1992 so that I can properly give him credit for those years where is wage income percentage increases was LESS than the SS COLA percentage increases. Also, I certainly want to obtain his financial statement before the court date.

Due to my recent heart attack, the EX's attorney obtain a continuance until October 7th giving me more time to consider my options.

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