CS Review

[Miller]

I had posted previously about filing for a child support review in IL.  CS has never been reviewed (since the original amount was set) which was over 9 years ago.

My ex had always threatened to file for custody if a CS review was done.  He had said some things recently that upset our son about custody and such.

I received an update from my attorney saying that she had received a copy of a letter that my ex's attorney had sent him along with the CS review papers that we filed.  His attorney requested a new retainer to continue representing him and gave him a deadline by which to pay.  The retainer was a couple thousand dollars which I thought sounded pretty high.

At this point, his attorney has admitted to my attorney that she isn't sure if he'll continue to retain her because she plans to be honest with him that he can't fight the CS review.  And, that custody is not an issue as there hasn't been a change in circumstances.  He's meeting with her this week.

My questions:

1.  Is it common for an attorney to request a retainer everytime an issue arises?  I've never had this happen.  I paid a retainer when I first got my attorney and then have always just received a bill for any other matters.

2.  If my ex doesn't keep his attorney and she withdraws, then does my attorney have to start all over by serving him?  Or does it count since we served his attorney of record?  My attorney epxressed that it could become a more drawn-out process if his attorney withdraws.

[socrateaser]

>My questions:
>
>1.  Is it common for an attorney to request a retainer
>everytime an issue arises?  I've never had this happen.  I
>paid a retainer when I first got my attorney and then have
>always just received a bill for any other matters.

Evidently, your attorney believes you can and will pay your bill. A retainer (or rather an "advance") is very common.

Note: technically a retainer is a non-refundable fee that is charged to reserve an attorney's time, while an advance is an upfront payment of likely fees. Most laypeople and attorneys refer to retainers and advances as if they were identical, when in fact they are not.

>2.  If my ex doesn't keep his attorney and she withdraws, then
>does my attorney have to start all over by serving him?

No.

>Or does it count since we served his attorney of record?  

Yes (number your questions, please).

>My attorney epxressed that it could become a more drawn-out
>process if his attorney withdraws.

Always. The new attorney will want to come up to speed, and the court will permit this. But, if your ex goes' pro se, then the case may be quite short, since he'll likely get his ass handed to him.