Its been a while since I've been on these boards and I need some legal help ASAP. Spaz, Mike, Freedome fighter anyone (maybe some newbies). My divorce was messy and now post divorce is messy. I am representing myself pro se (for now) because we spent $156K and 3 1/2 years in the courts trying to get a divorce and I am frankly out of money.
My ex is suppose to pay 45% of the children's reimburseable medical, etc. He did not pay a dime in 2011. I sent him email copies of the bills and receipts. In some cases I was able to send the estimated portion prior to the children recieving care. A no brainer right? so I filed a petition for rule attaching copies of all the bills and proof of payment in December 2011. We had our hearing in January and the friend of the court who wrote the court order read my petition and said it was very well written and better than what a lot of lawyers produced. So I went to our hearing pretty confident. My ex never filed the appropriate response (within 21 days of my motion) nor did he provide his financial info (5 days prior to our hearing). Instead he shows up with a lawyer and a counter petition for rule that was filed that day. It seems the judge doesn't respect pro se (wish I could afford an attorney) litigants because he refused to hear my petition and stated we would hear both petitions along with my petition for child support on 4/24/12 (2 months from now). His attorney's petition is frivilous and non fact based. But the judge moved forward with no evidence. I am contemplating getting an attorney (don't know where I will find money for the retainer), but would like to get my response mostly done before meeting with them in an attempt to cut down the costs of him/her preparing it.
Anyway, my petition states that he was tendered the bills for the children and didn't pay including copies of all the bills.
There petition for rules states that I:
never tendered bills for our house and the house has been foreclosed on. I did tender the bills (and I have copies) that in good faith I paid all the bills for one month without receiving his portion 7 days in advance as court ordered and that he never reimbursed me the money I paid nor did he ever provide payment 7 days in advance. I know my bad for not continuing to pay mortgage without his 50% in advance. I did talk to my attorney at the time and he told me not to pay that it was simple contract law. Without his reimbursement which was to occur prior to my payment I was not obligated to pay. Is there case law to support that I can reference in my response? I will be included in my response copies of emails where I sent him all the bills 7 days in advance. I even have a hand written note from him where he tried to reduce the bills by adding things that were not in the agreement. I do need to mention that his name was not on our mortgage so he was not harmed in anyway by the foreclosure. Not sure if that is relevant here. They are asking the court that I pay his legal fees and not hold him not liable for the mortgage deficiency. The house has already been foreclosed on and I filed bankruptcy, his name is not on the mortgage so the mortgage company did not go after him for any deficiency.
There next claim is that I did not provide timely proof of payment. Again in my petition for rule I attached all of the emails where I sent copies of every bill and proof of payment. Some were 30 days after the event becuase it does take time for checks to clear. Our MSA does not state any timeframe for parent who made the payment to provide proof. It only states that the other parent must reimburse parent 7 days after receiving the proof. She is aksing the court that he not have to pay medical expenses because I did not provide proof. I am completely baffeled that the judge didn't strike that down right away. All my proof was attached in my petition. But, is there case law that states what is the statutue of limitations to ask for reimbursement (or a state standard)? Is there any case law that says he shouldn't have to pay if it is not received within a certain period of time? They are again asking that I pay his legal fees because I failed to provide proof of payment within a timely fashion. I will be attaching all the email correspondence that shows I sent it to him.
The third count of their petition is that I signed the kids up for activities on his parenting time that he did not agree to. Our parenting agreement states that I will consult with him and if we can't agree I make the decision or we mediate. I sent him copies of all registration prior to the due date. He never responded prior to the due date. Then in one case 3 months after the registration deadline he responds back with he disagrees. I sent him emails offereing to mediate and suggest alternatives to give him the same parenting time. They are asking that I pay his legal fees because I signed them up without his consent.
Finally they are asking that I pay his legal fees and give him two extra days of make up parenting time because I took summer vacation in 2011. It states in our parenting agreement that we each get 21 days and can be broken up in 2 or 3 segments none of which can be longer than 14 days. I only took 15 days the entire summer so I'm not sure where they are coming from on this but apparently I should be paying his legal fees as a result.
Anyway, any relevant case law on any of these issues would be greatly appreciated. Or if you know any good attorneys that could shut them down in court who I could work with would be AWESOME. We are in Lake county illinois.
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