Motion for Abatement: How Much Time to Respond

**DadTrying** · 02-24-2010, 01:53 PM

My question involves child support in the State of: Illinois

I was laid off from my job at the end of January. On Feb 3rd, I filed a motion to ask the court to abate my child support payments until I can find a job, with a hearing date of February 26th. I received word from opposing council today that he will be out of town and have an attorney in his stead ask the judge for time to respond and set a court date for some time in April.

I cannot make the child support payments as they are greater than my unemployment income. This strategy, by opposing council would force me to pay child support until the case is heard, and by doing so, would get me evicted from my apartment.

They have waited 21 days to notify me of this situation, and will be asking for even more time to respond to my motion. Isn't there a time limit for them to respond? And if so, when does it begin - when they are served notice?

My only hope is to try and inform the judge that they have had ample time to respond and that by granting additional time to respond will force me to choose between contempt and eviction.

Can anyone offer some guidance?

**NdK1009** · 02-24-2010, 02:11 PM

On the motion you filed, does it state a time period for response? I know with the motions I recently filed, the time period was clearly stated, and the clock began the day after my ex was served.

**aaron** · 02-24-2010, 03:23 PM

Assuming the general trial court rules apply, read this. Check for other provisions as well; that section of the rules doesn't shed much light.

**DadTrying** · 02-24-2010, 04:22 PM

Thank you NDK and Aaron.

NDK, my motion had no mention of a response date. I was unaware that *I* could dictate a response date in the original pleading. Based on what Aaron supplied, it appears that 21 days is the number of days to reply by trial court rules, so I don't know that I would have been able to "dictate" anything shorter.

I would love to see an example of where someone actually put a response by date in an original motion.

I also know that when opposing council has asked for time to reply in the past, it was put in the Judges Order exactly what time they had to respond by.