Legal Question in Family Law in Illinois

Divorce Issue

I have been divorced 8 years, my ex wife has custody of

our almost 16 year old son. My ex wife tries to bully me

and my wife and we have a lengthy documented record

of those events and harrasment which goes back 5

years. My son recently wanted to attend a high school

dance during my visitation weekend. My exwife refused

to send any appropriate clothes for him to wear. Suit,

shirt tie etc. and forceably removed shoes he had

packed to bring. I went to the door when I picked him

up and she refused to answer the door, knowing that I

wanted the clothes. I called on my cell phone and

leaving a message on her answering machine and

asked her to come to the door,she didn't. I called back

while at the front door and left a second message and

told her if she didn't provide the clothes I would go and

purchase them and deduct it from her child support

payment. She didn't come to the door, and I purchased

him the clothes and made the deduction. She now is

threatened to take me to court. I deducted $250 for the

clothes and provided receipts, out of $525 monthly

support.

Am I justified? How would a judge look at this?


Asked on 4/06/02, 5:45 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Divorce Issue

Such questions are difficult because a judge can exercise his or her discretion. A judge is notlikely to deduct the clothing expenses from child support, but he may require the wife to pay all or part of the clothing expense, so the net result would be similar. Judges do not like to consider these kind of situations and may be harsh toward both parties, so you and your ex should try to resolve it without court, and your son would likely appreciate that.

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Answered on 4/06/02, 7:44 pm


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