Legal Question in Family Law in Illinois

Child Support Abatement Motion

My ex-husband lost his job in October. Since his severance ended, he has been writing me a check for 20% of his unemployment check. A week or so ago, I received in the mail a motion to abate child support and school payments until such time as he gets a job.

I just wanted to know if this was justified, if the judge will agree to this (considering he is receiving unemployment), and if I need a lawyer when I go to court for this motion (I do not currently have a lawyer). There are other circumstances, such as him traveling and driving a rental car since losing his job also, one trip to CA I have documentation of. Should I bring this up in the motion hearing?

I�m very unsure of what to do in this matter, but I cannot make it without the child support and help with my son�s school. Is this a viable option for him? How can I fight this when I go to court? And should I find a lawyer (even though I�m very low on money), since I do not currently have one?

Thank you.


Asked on 3/08/04, 6:38 pm

1 Answer from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: Child Support Abatement Motion

You must raise all relevant factors including his spending and what he is taking in. The judge will look at all factors including your situation.

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Answered on 3/09/04, 11:55 am


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