Legal Question in Family Law in Illinois
Rule to show cause/course of action
My ex-wife is presently in arrears on child support for three years. She has never complied with the judge's orders. Must I first file a rule to show cause as to why she hasn't? What evidence would I need to provide (if any) that she hasn't made any effort?
Furthermore, is it possible to do this pro se and be effective? I realize that consultation with an attorney will be in order at some point, but I am still paying legal bills for the custody battle and really cannot afford to rack up any more.
How could I study this and do it myself?
2 Answers from Attorneys
Re: Rule to show cause/course of action
Well, that you know the term "Rule to show cause" means you know a good deal already. The problem for Pro Se appearances is that the judge and other attorneys will not take you or your arguments seriously.
For evidence, you need just what you think you need. Proof that you received no money in your accounts, comprehensive affadavits, copies of the order, etc.
Sometimes I work on a flat fee basis with people if they do most of the leg work and are on top of collecting the supporting docs needed. Give me some more information and I can tell you how much work it would take me and maybe I could help. I don't like it when people don't pay child support.
Re: Rule to show cause/course of action
If an order has been entered and she is not in compliance, chances are she will have to pay your attorneys fees.
To study this read the following. IICLE Family Law. Gitlin on Family Law. Both available at your local law library.
email me if you have any questions
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