Legal Question in Family Law in Illinois

Hello,

I have a question. Can a judge ask to prove something he said in a transcript and admit that if he didn't give a court date and it proves in the transcript that he didn't. Can he change his mind and still charge you with contempt?

My exwife came to court when I was terminating child support and presented a emergency motion for making me responsible for College and the judge told her it wasn't a emergency that she needed to file it properly and pick a different court date. She left the court room and to my surprise file right away and returned after I had left. But I wasn't aware of the new court date nor did i receive a copy of the motion or the court date. So two months went by i finally received a motion that I was being held in contempt of court for not paying $5000 toward my child college fees. I showed up to court to find out why I wasn't notified. Then had to repeat two more visit with a lawyer that was handling the case. The judge told me to get transcripts that he didn't tell me the court date and he would vacate the motion. I did, and he didn't say a date in the transcripts. So he changed his mind and said that I should have looked up my court date on the internet and he also said that he believe my exwife because she filed a affidavit saying she sent it.. Is this at all fair?

Arlester


Asked on 3/22/13, 9:13 am

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

The law presumes that if someone files an affidavit that it was mailed, that it was received. The judge took the position that you knew your wife was going to seek college contribution, so you had a duty to follow your case - not an unusual or unreasonable position. But I wonder if there ever was proof that the order had been sent to you.

I do not think you can be held in contempt if there is no proof that the order was sent to you. But in the end you will have to contribute to college expenses. Where are you ending up is what you should consider.

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Answered on 3/22/13, 9:54 am


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