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NYFamilyLawyer, Lawyer
Category: Family Law
Satisfied Customers: 559
Experience:  Owner, attorney in private practice, licensed for 36 years as a trial and appellate attorney
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My ex boyfriend talked me into excepting $350.00 a month in

Customer Question

My ex boyfriend talked me into excepting $350.00 a month in child support and I stupidly signed the paperwork. We were both ordered by the court to submit our financial affidavits. I submitted mine to his attorney months ago and have still not received his. My sister has been helping me file all these papers pro-se. When we went to court for the child support order ( he did not show but his lawyer did) I explained to the judge that we had not gotten any of his paperwork and that I had no idea how much money he makes. I also told the judge that DHS has an order in to get the child support through his employer. The judge told us that we needed to file to vacate the child support order his lawyer filed and let DHS do their job. So we filed and order to vacate stating we had not received his financial affidavit. We also mailed a request to his attorney asking for the information that we have not received yet it been a month. NOW there is another court date in regards ***** ***** vacate. What should we do?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Madison county Illinois
JA: Have you talked to a lawyer yet?
Customer: Actually we talked to his lawyer at the time who also advised us to file the vacate.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so.
Submitted: 18 days ago.
Category: Family Law
Expert:  NYFamilyLawyer replied 18 days ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, etc. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed.

Also – I will be typing my answer for you so I’ll be back in a few minutes.

I'm really sorry you had this experience. It's unfortunate but you should be able to get out of it. So that's the good news.

Customer: replied 18 days ago.
Thank you
Expert:  NYFamilyLawyer replied 18 days ago.

If would be helpful if you had an attorney. Even though the other lawyer is his lawyer, he gave you the right advice, which is surprising, but he did. You would have to vacate the prior order, based on several factors: you didn't have his financial information, you subsequently found out that he makes a lot more than you originally thought, etc.

Do you need to know what to put in the motion to vacate?

Customer: replied 18 days ago.
Customer: replied 18 days ago.
What do we need to put int the motion
Expert:  NYFamilyLawyer replied 18 days ago.

I see the judge recommended that you file to vacate also, so that's good that the judge said that.

You have to make a motion to vacate, based on the fact that you didn't have all of the information when you agreed to take a settlement; that he didn't file his financial statement; that DHS said they would help you get child support through his employer; that you feel he might be hiding income and assets from you; that you were pro se at the time and weren't sure how to proceed.

It appears you already filed your motion to vacate, so you're going to need to persuade the judge that DHS already suggested that they would take care of the situation administratively through DHS and that they can help you with this instead of going through the court. You are asking the judge to please respectfully ***** ***** order based on failure of the father to provide material information which would have given you the ability to be informed and that you didn't know that you could do this administratively through DHS. So you will have to argue this and persuade the judge to vacate.

It sounds like the judge is on your side, at least because he/she suggested that you file the motion to vacate so it looks like the court is trying to help you get out of a bad agreement.

You need to argue that you didn't have all of the facts and that you think the father is hiding his income so that you are left in the dark about this and that you would take less than the guidelines entitle you to. You'd like to have DHS help you do this (that's what you tell the judge). It appears the motion papers are already in correct?

Expert:  NYFamilyLawyer replied 18 days ago.

I would argue before the judge that this was fraudulent on the part of the ex bf because he knew he was making a lot more $ but he was able to convince you to take less because he knew that he'd have to pay a lot more if you didn't agree.

Customer: replied 18 days ago.
Thank you. In fact DHS is already garnishing his paycheck so those wheels are in motion. I guess my sister is smarter then I thought she was. We will just go to court and tell the judge that DHS has already taken over. I am sure he will vacate his lawyers order.
Expert:  NYFamilyLawyer replied 18 days ago.

Once the motion is in before the judge, what you need to do is argue the motion and be persuasive. That's the job of an attorney or a pro-se litigant. So you need to stress these points outlined above.

Customer: replied 18 days ago.
That we can do.
Expert:  NYFamilyLawyer replied 18 days ago.

I'm sure too. Really hit the judge hard with the fact that the bf --here's the language -- fraudulently induced you to accept the agreement because he was hiding the amount of his income from you. The judge won't like that one bit, and tell the judge you never got his financial information.

Expert:  NYFamilyLawyer replied 18 days ago.

Please accept my answer, rate my answer as one of the top three faces/stars and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating.

You can make a copy of this so that you have the language you need and can raise these points to the judge. Best of luck!

Feel free to come back here for a follow-up question based on this one. A follow-up question is free if it is based on this one, while a new question would need a new post.

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Expert:  NYFamilyLawyer replied 18 days ago.

Feel free to make a copy of this transcript so you know what to argue. Best of luck to you!

Expert:  NYFamilyLawyer replied 17 days ago.

Please let me know if I can do anything else to help you. I'm more than happy to do so.