Legal Question in Family Law in Illinois

My spouse and I have filed petitions, responses and counter petition and I just received a motion of notice stating they filed a petition look for temporary custody, child support, maintenance and other relief set before the Judge on May 1st. My spouse has custody of our children already. My question is do I have to file a response to the petition in court or just show up in court on May 1 with my documents. If I have to file a response how can I ask for a continuance.

Asked on 4/25/13, 10:05 am

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.

Step up when the case is called on the 1st and ask for time. If she has custody of the kids you will be ordered to pay support. Maintenance is not as certain, It would appear she has an attorney. It may be time for you do to the same. Circuit Court Rules in Lake County require each of you to fill out an extensive financial affidavit and attach copies of bills and statement to support the affidavit. She must provide you with that document before she can proceed with a support motion.

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Answered on 4/25/13, 11:00 am

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