Legal Question in Family Law in Illinois
Child support modification/ex spouse harrassment
Please help us! My husband's ex wife is trying to get increased support, which is totally understandable, and my husband is more than willing to pay. He is an excellent father and sees his children regularly,& has ALWAYS paid his support on time. The problem is she is digging so deep and costing us so much money that I want to cry. I myself was a single mom for 10 years and my ex is way behind on support. I work hard to support my 2 teenage daughters. I make more income than my husband. We had to fire his atty. last week because she failed to inform him of a court date and now he has to pay a fine for not appearing, which is unfair. His ex constantly verbally abuses him & berates him and threatens to withhold visitation. Her Atty subpeonaed ALL of his employment documentation from his employer,which included ALOT of information that has nothing to do with his income,& now they are asking for copies of all of our joint bank acct. records.My income info & bills are in the bk. stmts.- it is none of her business. I do not understand why she has to push & think he is hiding income when he is not. We now have to get another atty. Her atty is being unfair in her FinPlan calculations. What can we do to stop these subpeonas?
1 Answer from Attorneys
Re: Child support modification/ex spouse harrassment
Greetings -
First of all, take a deep breath and realize that
you are going to win this fight. Now the first
thing your husband should do is hire a lawyer
a.s.a.p. Post decree matters such as this take
patience and skill. In my opinion, your income
and bank statements, assuming the bank statements
are in an account only in your name, are not
relevant. If the account or accounts are in your
name and your husband's name, you can still argue
that the balance and account activity does not
reflect your husband's true income. Also, your
husband's ex wife's financial assets need to be
subpoenaed. Furthermore, you and your husband
should not have any verbal contact with (ex)
except in situations that amount to an emergency.
Furthermore, if she calls and threatens your husband, you and he should make a police report
for phone harrassment and then take the police
report to the county state's attorney where you reside and see if the state's attorney's office will prosecute her for phone harrassment. There
is a three step approach in dealing with this
situation. I will be happy to answer any additional questions that you have.