Legal Question in Family Law in Illinois

I recently moved from Illinois to South Carolina (where my family lives). My move was necessary as I couldn't afford to live there as a single dad, my parents are ill, and I've moved in with them to help them out. In Illinois I worked in the public schools, shared joint custody, and lived 6 mi from the marital home. Yet my ex frequently changed my parenting time last minute and scheduled all kinds of activities for our daughter that impacted my parenting time. She also enrolled our daughter in an expensive gymnastics program ($5K/year) without my knowledge, and then told me that I needed to pay half. My ex earns over 80K/year, twice what I earn, and gets up to 20K/year as a gift from her parents. My ex�s argument is always that everything she schedules for our daughter, she enjoys, and it�s not in her best interest to have to decide between Dad and all the activities she loves so much. I�m left either saying �no� (and my daughter�s resentment) or letting her do something she was already expecting to do. Now, in South Carolina, I'm a full-time public school teacher and ordained minister, and have a new teaching job. While I'm earning less income, at least I have a nice home with my parents. Another reason for moving here is that I wanted longer, uninterrupted quality time with our daughter, without her mother�s interference. She�s only 12, and I know things will change the older she gets. In South Carolina, my daughter has lots of fun the few and short times she's been here, loves seeing her grandparents, aunts, uncles, cousins (all close in age), and other friends. During our 15 year marriage, my ex was open about not liking my side of the family, and we were lucky to see them for a week once every other year. Her family, however, lived in the same community and we spent most of our time and holidays with them. The jpa was to be reviewed periodically (especially if a change in circumstances, like moving, occurred). She agreed to attend mediation only after she received a letter from my attorneys informing her she was required by law to do so. Mediation failed, and my attorneys sent my ex a reasonable and generous modified jpa. She said she'd look it over and get back with me. She never did. Since the beginning of Feb 2010 she has not responded to my attorney�s letters and calls about the modified jpa. She won�t respond to me about it. She did, however, sign agreements from my attorneys to modify my monthly support and the QUADRO (which is gives me half of her retirement); just not the proposed modification to my parenting time. So my attorneys filed a motion to modify jpa with the court. Set for a Mar 5 hearing, she knew of this for weeks. She neither showed nor had an attorney represent her. My attorneys tell me she hasn�t retained an attorney or contacted the Court. The Court gave her 21 days (Mar 26 deadline) to respond to failing to appear. As of Mar 19, my attorneys and the Court still haven't heard from her or an attorney (if she has one). She even took my daughter out of state for a week's vacation knowing this. She returns Sat Mar 27. But if the Court doesn't hear from her by Friday Mar 26, my attorneys will file a motion for her to be held in default. Her behavior is strange and frustrating. I just want quality time electronically and in person with my 12 year old daughter. What happens next; what do I do now?


Asked on 3/21/10, 3:33 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

Listen to your attorneys. They seem to be doing what is necessary for you.

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Answered on 3/26/10, 4:25 pm


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