Legal Question in Family Law in Illinois

I lost my job thru no fault of my own and hired a lawyer to file a petition for modification of child support. After paying a few months of full child support my lawyer wrote a letter to my ex-wife's lawyer stating that I would only be paying a reduced amount of child support (20% of my unemployment check) until the petition is settled. I had the means to pay, but this was more of a tactical decision by my lawyer to force my ex-wife from delaying things. In court, the judge ruled not to give me a reduction of child support during my unemployment and I needed to immediately pay the amount that was in arrears (from the reduced child support). My ex-wife now filed a motion to reconsider to try to get past due amounts on the arrears as well as her attorney fees paid which they ran up to over $15,000 with all subpoena's and depositions.

Any fresh ideas on how I could proceed? I am afraid to get another lawyer and spend more money getting him/her up-to-date on things if we have no good defense anyway.


Asked on 5/13/10, 10:13 am

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

If the court found you were not entitled to a modification and had the ability to pay, you owe the attorneys fees as a matter of law. Those who live by the sword die by the sword.

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Answered on 5/19/10, 6:19 pm


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