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.


Asked on 11/11/10, 9:21 am

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!

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/16/10, 9:36 am


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