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 order directing a person to appear and bring forth any evidence as to why the remedies stated in the order should not be confirmed or executed. A show cause order is usually based on a motion and affidavit asking for relief. If the defending party fails to file an answer, an order of contempt may be issued automatically. The answer may state any defenses, such as inaccuracy of the claims, failure to follow legal procedures, etc.
Generally, there are five elements required for a finding of civil contempt:
-continuing personal and subject matter jurisdiction in the tribunal that is holding the show cause hearing;
-the existence of a valid support order;
-knowledge of the order by the noncustodial parent;
-ability of the noncustodial parent to comply; and willful noncompliance by the noncustodial parent
A modification of support can be requested if there has been a significant change in the circumstances of your case. For example, if there has been a significant change such as the income of the non-custodial parent, the availability of health insurance or custody has changed, a modification review can be requested. For families receiving public assistance, a modification review is performed 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.
