Legal Question in Family Law in Illinois
divorce was finalized two years ago and courts indicated that after two years, the "unallocated support" that is paid to my ex will be reviewable. need to know what steps to take to file a motion / petition to get it reviewed by the courts. any advise is greatly appreciated.
1 Answer from Attorneys
You would need to file a motion for post-decree enforcement/review, but you'd have to ask for some kind of relief (lowering/raising/keeping the same level of payment....). But before you do you need to consider why this review was inserted. Was it for your benefit, or your ex's? And what will happen if your ex files instead of you (I'll bet the decree doesn't say only you get to file for review)? Could it go up, or down. What is your goal? To be proactive, or defensive? And what's your economic situation? Better, worse? Have you been timely in your payments or have you been remiss in any way? Are there children involved and how will support play into the overall picture and are you regularly in touch with your ex as a result anyhow? Has your ex been "ok" with things? If you are NOT sure what you are doing it is most likely in your best interest to go back to the attorney who handled your divorce for guidance....and if he or she is out of your league financially you can see if another attorney can help in your "price range" by contacting your local bar association. Because if things are ok and your ex is not looking for more, your going back in to try to pay less could have some backlash effect just because your ex could become afraid and take a defensive position!
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