Legal Question in Family Law in Illinois

Filing a motion for a substitution of Judge

At my last hearing for a modification of visitation, and child support, the Judge continued my regular weekly child support payments, and ordered me to get a 2nd job with the entire net proceeds going to my ex-wife for arrears of $900. (That is a violation of the Federal CCPA exceeding 50% of my net income) He denied my additional visitation based on personal beliefs and not on IL law of endangerment. Although he mentioned ''not having any money to take my kids anywhere'' as well as ''being behind on support'' as reasons for the denial of extended time with my children. Is it possible to file a motion to get a substitution of Judge in this case? I have filed a complaint with the Judiciary Inquiry Board regarding personal bias, using personal beliefs versus evidence of the law, and misconduct, but there has got to be a legal way to remedy this situation based on the best interest of my children. I am seeking to file an appeal, however, if I am unable to appeal, my options to return to court are minimal based on the ''substantial change of circumstances'' rule. Any Suggestions??? Thank you in advance to those with any ideas!


Asked on 10/22/08, 2:35 pm

1 Answer from Attorneys
John Steele Steele Law Firm

Re: Filing a motion for a substitution of Judge

You will not be able to substitute judges at this point. My advice is simple but you probably do not want to hear it. Bust your butt, pay off the arrears, ask for more visitation in 6 months after you have shown you are taking care of things.

BTW, you can go over 50% under many situations, including having arrears.

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Answered on 10/22/08, 2:44 pm


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