Full question:
I have received a petition for rule to show cause from my ex wife because I have temporarily suspended maintenance payments due to financial stress. How do I file a response with the court and her attorney? Is there a form, document or process I should follow?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Illinois
Answer:
A show cause order is a court directive requiring a person to appear and explain why the requested actions should not be enforced. This order typically arises from a motion and affidavit seeking relief. If you do not respond, the court may issue a contempt order automatically.
Your response can include defenses such as inaccuracies in the claims or procedural errors. To avoid contempt, you must show:
- Ongoing jurisdiction of the court
- A valid support order exists
- You knew about the order
- You had the ability to comply
- Your noncompliance was willful
If your financial situation has changed significantly, you can request a modification of support. Changes might include a decrease in your income or alterations in custody arrangements. For families on public assistance, modifications are reviewed every three years.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.