Legal Question in Family Law in Illinois

19 month long court case/college expenss

cook county court...husband's ex suing for college exp. divorce states ''as able'' husband has paid & agreed verbally with ex. to pay 1/3 each (son to take loans) we had a lawyer & did all the disclosure, etc. ex's lawyer will not say what they want!! after 19 month's of legal fees, our lawyer just quit!! why does this have to take so long? she obviously has much more money than we to keep a lawyer working very hard for 19 months. we live out of state & can't afford to fly to chgo. every month for another continuance. can we file for a hearing with the judge without a lawyer? can we petition to have this finished? we have sent every paper we own dating back to the 90's. it seems unfair she can drag this on forever (she must know the lawyer) the student has an internship now making more money than my husband & I combined. what can we do??


Asked on 8/17/08, 8:12 am

2 Answers from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: 19 month long court case/college expenss

It is possible to push for a hearing, but if you don't have an attorney you're going to have to physically be there yourself (and I imagine it is cheaper to pay an attorney to be at a status date than it is to fly to chicago and be there yourself).

The judge will take everyone's income into account, and determine how much everyone's contribution should be based on that.

You should probably find another attorney as it should be more cost effective than physically going to every status date. And there really is no reason for it to be going on for 19 months. All the discovery sounds like it's been done, it sounds like a hearing or even just a pre-trial hearing could get this thing resolved.

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Answered on 8/19/08, 12:41 pm
John Steele Steele Law Firm

Re: 19 month long court case/college expenss

All the facts about the child's income and your income has to come before the court. And yes, there are ways to push the legal action, but you certainly are going to have a tough time doing it pro se. Your prior attorney sounds like a lazy or inexperienced attorney, although I do not know the facts of your case, so I am not saying for certain that he/she was. Cook county can go very slow in these matters as well. And if you have an attorney (that is good) you will not have to come to court for almost all hearings, he would come to court for you.

Let me know if you have any more questions. Good Luck.

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Answered on 8/17/08, 9:08 am


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