Legal Question in Family Law in Illinois
Hi, i was recently served by my ex-husband with papers while incarcerated for 10 days at the local county jail due to failure to pay traffic ticket fines. (everyone, please remember to pay your fines!!)
The papers were for an emergency motion for child custody since he found out I was in jail and thought i wouldn't be able to get out, and the attached Notice of Motion said he was going to court on April 22nd, 2011. I was served these papers on 4/19/2011 at the county jail. I was released from custody on 4/21/2011 and called the local courthouse to inquire about the court date, at which time i was told there was no court scheduled for that day for us. Is this falsification of documents and what are my options as far as filing some sort of report about it if it is illegal?
Jacqui
1 Answer from Attorneys
It's possible that your ex simply wrote the wrong date on the notice of motion (I'm guessing he's doing this pro se, which is a typical mistake). Nothing will happen to him, however if some type of adverse judgment was rendered against you, you will likely have an opportunity to vacate it.
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