This motion is what kicked off the tone of my court case in response to a child support order that was entered of $3202/month.
In it, Mr. Ex signed off that he had never received any communications from me, even though he had responded.
It also takes an antagonistic stance. Instead of coming in and showing his income taxes, Mr. Ex hires an attorney and ignites the tone of conflict that pervaded our 2.5 year case.
You can read the divorce court session that this document relates to: "Child Support Modification in Divorce Court"
Divorce Checklist Lessons:
- Always make copies of all communications that you send and receive to court with you for every court date, printed out, organized, and readily accessible within seconds.
IN THE CIRCUIT COURT OF XXXXXXXXXXX COUNTY DEPARTMENT - DOMESTIC RELATIONS DIVISION
MOTION TO VACATE SUPPORT ORDER OF 11/1/13
XXXXXXXXXXX by attorney XXXXXXXXXXX moves the court to allow XXXXXXXXXXX to appear as attorney of record for XXXXXXXXXXX and to vacate the support order entered ex-parte by XXXXXXXXXXX on November 1, 2013 for the reason that said order was entered without required notices and documents which were not served upon petitioner. This motion is brought pursuant to the provisions of Supreme Court Rules 11 and 12 as well as Circuit Court Rules 13.3.1 and 13.3.2. In support of this motion, XXXXXXXXXXX states as follows:
1. On November 1, 2013 XXXXXXXXXXX received a copy of a modification support order entered on November 1, 2013, which required him to pay child support in the sum of $3202 per month. See order, attached as Exhibit A.
2. XXXXXXXXXXX never received notice from any source at any time that XXXXXXXXXXX was going to appear in court to request support modification. He also did not receive notice of a purported mandatory court appearance pursuant to an order entered on 10/9/13, which was referenced in the order entered on November 1, 2013.
Note: Mr. Ex magically received what I sent him on November 1, but nothing prior?!?! He did receive notice, but lied to cover his ass. I both emailed and texted him notice of all court dates. If you recall, he even responded that he could not make the first date. Hence, I would suggest always using a mail tracking system. If you can't do that, then bring copies of proof of your sending documents and receipt with you to court.
3. Supreme Court Rules 11 and 12 mandate that all papers other than process and complaint be served by personal service, mail or facsimile transmission lines within times as specified in said Rules. Upon information and belief, XXXXXXXXXXX failed to comply with the provisions of those rules.
4. Upon information and belief, XXXXXXXXXXX failed to comply with the provisions of Circuit Court Rule 13.3.1(b) which mandates that XXXXXXXXXXX serve a completed Disclosure Statement within 30 days after service of the initial pleading or not less than 7 days prior to hearing, whichever occurs first. XXXXXXXXXXX has never received a copy of a completed Disclosure Statement from XXXXXXXXXXX as mandated by said Rule.
5. Furthermore, XXXXXXXXXXX has never received copies of the last two calendar years' filed income tax returns, state income tax returns and recent pay stubs from XXXXXXXXXXX all of which are mandated by Circuit Court Rule 13.3.2.
6. The provisions of the Rules cited herein are mandatory and the failure to comply with any and all of the Rules require that the order dated November 1, 2013 be vacated and held for naught.
Wherefore XXXXXXXXXXX moves the court to allow XXXXXXXXXXX to appear as attorney of record for XXXXXXXXXXX and to vacate the support order entered ex-parte by XXXXXXXXXXX on November 1, 2013 for the reason that said order was entered without required notices and documents which were not served upon petitioner.
The attachments used to support this motion are not included here.
But attached as evidence were the child support modification papers.