Motion ot Modify

[gejewels]

What is the name of your state (only U.S. law)? Illinois
My ex-husband filed a motion to modify child support based on my oldest child being 19 years old and married. I completely agree and have no problem with this.
I filed a counter-petition because he is over $17,000 in arrears with about $10,000 more owed in medical and school expenses which is written in my divorce decree. His attorney has filed a motion to strike and dismiss based on "the motion fails to comply with local rule. Local rule 2.01 as to motions requires that any and all motions must in fact contain a statement as to the state statutes, supreme court rule or local rule on which the motion is brought." He also is requesting I pay his attorney's fees to file the motion to strike and dismiss.
My counter-petition states that there was a Judgment for Dissolution of Marriage incorporating a Marriage Settlement agreement. The Judgement incorporated provisions for the minor children. Then it states the claims of arrears and medical expenses.
Did I miss something when I filed my counter-petition? I copied previous petitions written by attorneys I have hired in the past.
I'm thinking that I should push the issue until he has to return to the state. There is an active body attachment.
I was trying to avoid hiring an attorney until the kids are all grown and they will be no more additional amounts.
In 2004, he was ordered to pay attorney's fees because he was found in contempt. I have yet to see a penny.
Thank you for any input you may have.
Court is tomorrow.

 

[LdiJ]

What is the name of your state (only U.S. law)? Illinois
My ex-husband filed a motion to modify child support based on my oldest child being 19 years old and married. I completely agree and have no problem with this.
I filed a counter-petition because he is over $17,000 in arrears with about $10,000 more owed in medical and school expenses which is written in my divorce decree. His attorney has filed a motion to strike and dismiss based on "the motion fails to comply with local rule. Local rule 2.01 as to motions requires that any and all motions must in fact contain a statement as to the state statutes, supreme court rule or local rule on which the motion is brought." He also is requesting I pay his attorney's fees to file the motion to strike and dismiss.
My counter-petition states that there was a Judgment for Dissolution of Marriage incorporating a Marriage Settlement agreement. The Judgement incorporated provisions for the minor children. Then it states the claims of arrears and medical expenses.
Did I miss something when I filed my counter-petition? I copied previous petitions written by attorneys I have hired in the past.
I'm thinking that I should push the issue until he has to return to the state. There is an active body attachment.
I was trying to avoid hiring an attorney until the kids are all grown and they will be no more additional amounts.
In 2004, he was ordered to pay attorney's fees because he was found in contempt. I have yet to see a penny.
Thank you for any input you may have.
Court is tomorrow.

If court is tommorrow then all you can do is show up, argue your points, including your points against the motion his attorney made, and hope for the best.

If you had asked this question when his attorney first made that motion we might have offered more advice, but at this point you cannot do anything else.

 

[gejewels]

The motion to strike is not up tomorrow. The counter-petition and motion to modify is.

 

[LdiJ]

The motion to strike is not up tomorrow. The counter-petition and motion to modify is.

I wouldn't count on that. The judge would have to rule on the motion to strike and dismiss before hearing your motion. That is the whole point of his attorney's motion, to get your motion not heard.