Im sure I have no legal remedies but........

[wallyworld]

I recieved from my ex (how lives in FL) a motion to modify child support from her IL attorn.  IT is the same one that represented her in the custody case.  From his letter it was very clear that they do not want it to go to court as he stated "he was sure we could amicably work this out as it is a matter of calculation and NOT take it to court".  

Obviously, who would want to drive 2000 miles round trip!  I called my ex to see if we could go to an agreement or else I will hire an attorney and try to get a deviaiton due to having my daughter for more than 1/4 of the year. (during those visits).  

SHe stated, "I have no idea what you're talking about"  "I do not have an attorney in IL"  Let me call you back after I talk to my dad.

Obvisiously, it was her father's doing.

1.  Any legal action that could help me in court showing that it is all her father and not her?  

[socrateaser]

>1.  Any legal action that could help me in court showing that it is all her father and not her?  

Well, in order to file the motion to modify, it should be accompanied by a financial affidavit signed by your ex. If it is so signed, and your ex didn't sign it, then you have an action against the actual signor, and the IL attorney, for fraud. Your actual damages would be the cost of gaining a dismissal and attorney fees. You could get this from the family court.

If you sued in civil court, you could get punitive damages, but not attorney fees, so I don't know what would be the better route -- probably just family court.

Of course, your ex could subsequently file against you in a new action.

Now, if the motion was filed by the attorney and there is no supporting affidavit, then there is no fraud, but you are still entitled to a dismissal.

[MixedBag]

IL only uses the NCP/Dad's income, not the CP/Mom....so the does need for his EX to sign a finaicial affidavit still hold true because the court won't care what she makes, only what he makes?