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Up on an Interrim and Prospective Attorney Fee Petition

Customer Question
I am Pro Se and...
I am Pro Se and up on an Interrim and Prospective Attorney Fee Petition (Chicago, IL) Pursuant 750IL CS 45/17 and 750 ILCS5/508 next week, my Ex (TB) just having hired her 6th attorney in 7 years. My questions are : A. As 508 I believe this is a non-evidentiary, “summary” hearing(correct???), but can I produce docs, orders, etc. or is it simply a conversation? Note this is a Parentage case, not a marriage, no dissolution of assets involved, and is regarding pleadings post-decree disputing costs/payments made.
B. What’s my best argument of those listed below? Is the standard “reasonable and necessary”??? Some basic facts----she is claiming no employment, whereas mine is decent, far more stable, but limited bank assets (she shows 11k, I show 14k, but consistent income-----if I argue based on ability to pay, I have a weaker argument as my income is significant compared to hers). She may claim she can’t work due to medical issue. I fought an Interrim Petition two years ago, and “won”, because the judge refused to decide, essentially. However, now I am, once again, before the original judge for the first time since 7 years ago, who only had it pass thru to another, and another over the years. (The chaos is the result of her personality disorder IMO) 1. This is the 8th year since I filed for child support modification in front of you (2011), based on elder daughter (one of two) turning 18. The Hearing Schedule with you in April is the NINTH time these pleadings have been set for “Final Hearing”. This new attorney is TB’s’s 6th attorney on this case, since, 2011, most withdrawing citing irreconcilable differences, culminating in multiple continuances between attorneys, 6 Emergency motions to delay Hearing by her. By me? ZERO. At “Final Hearing” Number FOUR, on oct 3, 2013 , after getting pretrial recommendations by Judge (2nd pretrial), she argued with atty and fired them. 2. This same petition was heard Sept 2015 by Judge D, who had pre-tried this case in (November of 2014) and knowing the case more intimately, denied it. 3. She has benefited strategically by delay, knowing since 2013 the State (via DHFS) has threatened pursuing collection against me regarding alleged child support arrearages. 4. That 2 judges, knowing facts, ordered Stays vs the State in collecting alleged child support arrearage 6. I am pro se. It is Impossible for me to be “Over Represented” against her to her disadvantage, attorneyless since Ap ’14. I filed all motions, pleading to First Hearing in 2011 myself. She has been fully represented meanwhile. 7. In the last year alone, between attorney number 5 and number 6, she had 7 continuances . I would be bankrupt if represented. Additionally, the COST would severely outweigh the maximum gain as I feel I can win only 25k. 8. This case is mostly a matter of math, not custody, not separation of marital assets (as this is a Parentage case, nor to provide monies for protection/benefit of the children---there is no “Advance” against marital assets to be divided, no joint bank accounts), and involves 3 orders determining what should have been paid vs what has been paid, (“Previous Judge stated---“this is just math. You don’t really need an attorney”)9. A. I have agreed to Pretrial recommendations given by Both Judge B on October 3, 2013 and also to Judge D pretrial recommendations , Both refused by TB. B. I have sent settlement letters to her last attorney, and recently this one (with no reply). 10. TB finances-----are stale . Previously heard this petition Sept 2015, where I had a couple years of recent banking transactions that proved she withdrew 16k before retaining attorney and filing fee petition. I now have only one month bank account history. 11. TB’s statement of finances----are unreliable/has a history of deception, of hiding income (like rentals), and even included a history of forging falsified medical reports as well as conspiracy to commit bank fraud resulting in termination from her employer (dangerous? but relevant?) 12. My business/personal accounts are one and same, not separate. Yeah I have 14k in account, but need large sums to operate (4 unit building and old house rental) and for dental issues pending. Vacancies, 8k roof, 6k HVAC, 10k driveway, 10k Dental. 13. I have been trying to move on with my life but been under this 8 year SIEGE. As of August I am housing 12 year old boy and 40 year old woman , that I’ve taken into my home, fleeing a hellhole called Venezuela. They’ve come with nothing, and I’m committed to helping them get on their feet. Future, costs, unknown, fluid, and potentially massive. 14. The net affect of awarding monies would be to punish me, the victim, for successfully disqualifying her last attorney during hearing for what was clearly a conflict of interest as noted in the Order. By DQing them, we hit the reset button for TRIAL, not another interim fee petition.
Submitted: 7 months ago.Category: Family Law
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12/13/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,803
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

508 Specifically say there is due process and a hearing. It is up to the judge to decide whether or not he has enough information in the pleadings of if he needs more. So you can ask to produce supporting evidence on the motion.

Her continually terminating attorneys is one argument you can call proof of her being unreasonable and dilatory.

Also, her being WILLFULLY and INTENTIONALLY unemployed is another argument. You would need to show she could work and have a job and roughly what she could be making and ask the court to impute that amount to her based on her intentionally not getting a job.

A difference of 3K or so in assets is not enough difference to make you liable for attorney's fees. Also, if her financials are more than 6 months old you need to argue they are too old and not reflective of her current income and assets.

If she raises her medical condition then SHE opens a pandora's box through which you can demand all of her medical records and attack her medical condition and even demand another medical exam.

Taking in new people in your home has nothing to do with any of this, you are doing it voluntarily and even had you married the woman, it would not be considered by the judge on this.

Her dilatory tactics would be also a good argument to finally put an end to it and show how you have suffered extreme prejudice from her intentional and needless delays. I'm sure the judges are fed up with this as well.

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Customer reply replied 7 months ago
a. "So you can ask to produce supporting evidence on the motion", meaning I ask permission to produce exhibits (prepare an exhibit book)? (vs. meaning asking them to produce evidence)
b. While the difference in assets might be 3k, I have been earning 70k, her last years tax returns say she made 16k, she has an affidavit stating she's in deep debt (I don't), and she supposedly filed BK recently (stated in affidavit). But all I have is her last month bank statement, not 2 years worth, and her current sworn affidavit (which is unreliable but difficult to prove false). So aren't these other factors very significant, or is the focus mostly on liquid, available assets?
c. You mention demanding medical records/a current exam if she claims medical problem. At last interim petition 2 years ago, she claimed a head injury, but no proof was offered. On cross, judge told me to "be careful" (regarding how I approach "medical" questions on cross)-----is she not protected from divulging medical info? What did judge mean---what are my limitations.
Family Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

No, you have to introduce any evidence in accordance with the rules of evidence, that is what causes most pro se litigants to lose their cases. See: http://www.benchmarkinstitute.org/t_by_t/exhibits/introducing.htm

You need to check the bankruptcy court to find if she filed, it would be public record and the clerk of bankruptcy court would show you the record which you could get copies of. If there is no record in BK court, you could use that to show the court she is not truthful.

You have a right to subpoena medical records, since she is making her medical condition a part of the case and using it in her argument. She cannot just say she has a head injury or any medical condition without providing proof of the condition and you are entitled to subpoena the records. The judge meant for you to be careful to keep your questions about medical information directly involving the case.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Family Lawyer: Joycelaw, Attorney replied 6 months ago
Joycelaw
Joycelaw, Attorney
Category: Family Law
Satisfied Customers: 120
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