Legal Question in Family Law in Illinois

My daughter's father is taking me to court because I didn't let him know about Christmas visitation quickly enough. He is picking her up 12/23 and bringing her back 12/24. I received a certified letter informing me of court date 1/27/10 were he would like to "clarify visitation" and request visitation for 12/24/09 and 12/25/09. Doesn't make sense. I always comply and am flexible with visitation. He never follows it. ie: picks up late, returns early, can not make it, or I have to transport her. He hasn't paid child support since sept. and owes me approx. $5,000.00. My question is can I address the back child support issue at this court case or do I need to motion for another court date and also do you have any advice for me? Thank you Terese


Asked on 12/23/09, 9:41 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

To address the support issue at that time might lead a court to find that you denied visitation because he isn't paying support. You should raise the non-payment by filing a Petition for Rule on a different court date.

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Answered on 1/04/10, 9:09 am


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