Legal Question in Family Law in Illinois
Is late filed response ok
In my post divorce, I timely filed a Petition for Finding of Indirect Civil Contempt, and A Motion to Modify Child Support. I am by financial necessity, pro se.
My ex's attorney was specifically given 21 days to respond and did not. He later (much later, but before trial date) filed a response to my Petition for Finding of Indirect Civil Contempt. He also at the same time filed a response in form of a Motion to Strike and Dismiss my Motion to Modify Child Support.
My question is: Are these grossly late filings acceptable. Can I defeat these as legally deficient or some statute citation? The CS modification is direly needed and he's been able to keep me locked out through technicalities. Hey, I am NO lawyer and know it, but no alternative.
Please respond soon. I appreciate all help.
1 Answer from Attorneys
Re: Is late filed response ok
In most situations the late filing is not going to cause a judge to toss the filings. However, I would bring it to the judge's attention and let him/her rule on it.