Legal Question in Family Law in Illinois

I have custody of my son and receive child support from my ex-wife. My son is 18 and is currently in high school so she must pay until he is 19. Recently my son entered an inpatient drug rehab program and my ex-wife immediately motion the court to terminate child support even though he was attending classes in the rehab center as required by Illinois law. I immediately sent proof (letter from school and report card) to her attorney. I also reminded her attorney that she had access to all of this information from the rehab center. The attorney nor my ex-wife requested information from the school to verify that our son was attending school. I went to court and the judge said she would accept the papers I brought in as proof but my ex-wife�s attorney wanted a statement from the school. I have sent the statement to her attorney and asked him to cancel his motion and they have not. Each time I have to go to court I loose time at work not to mention travel fees. Can I ask for reimbursement for my expenses because they did not research this before motioning the court and even though I have submitted proof to her attorney that our son is still attending an approved school while he is in rehab? This is a total waist of the courts time and mine.
Patrick

Asked on 11/11/09, 1:46 pm

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

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You need to file a motion with the court for sanctions and reimbursement for your lost pay, etc.

Answered on 11/17/09, 1:57 pm

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