Legal Question in Family Law in Illinois

My fiance has been unemployed since July 09, he is 2,500 behind in child support, he was taken into custody today even though he showed proof of job search and also a offer letter stating a job and training that he excepted in San juan, PR, he already excepted the position, yet the states attorney pushed for him to be locked up. He is already scheduled for departure on Jan 22 and supose to start on jan 25, States attorney's reason being becasue he will be out of jurisdiction, he is not trying to flea from his responsibilties, this opportunity was given to us so he can catch up with child support, I have been supporting the two of us since he was laid off and am barley paying rent right now that is why we actually have to take this opportunity. My question is can they do this even though he proved he will be employed and them holding him may cost him loosing this job?


Asked on 12/23/09, 1:33 pm

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

Yes. The court apparently determined that he was not making a good faith effort to pay the support due. He was apparently held in contempt for the non-payment of support. The fact is, simply, that if he is feeding himself, the court feels he should be feeding his kids, that is he should be paying something for the support. He should have asked the court to appoint an attorney to represent him.

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Answered on 1/04/10, 9:07 am


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