Legal Question in Family Law in Illinois

I went to court for a child support modification and arrears. My ex husband owed approx $6,000. he was out of work 2 yrs with no request for modification, state records show that he owes approx. $7500 when the judge asked me what I felt he owed I said approx $6000 I was flustered due to the demeaning manner the judge was addressing me and did not explain the fact that this was minus the 10 payments adding up to approx. $1500. I was basically called a liar because my ex showed 10 payments of $150, although he missed 38 payments . The judge believed him when he said he paid more and ordered him to pay only $2500. I was told that it was not His burden to prove that he did make payments , it was MY burden to prove that he did not?


Asked on 1/27/17, 2:30 pm

1 Answer from Attorneys
Elfreda Dockery Law Office of Elfreda Dockery

It sounds like you chose to go to court without a lawyer representing you and also that you chose to go to court without consulting with a lawyer. If you had hired or consulted with a lawyer, the lawyer would have told you the same thing the judge told you. Since you filed the Petition, you have to prove what you alleged your ex-husband failed to do.

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Answered on 1/28/17, 3:30 pm


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