An Illinois Order for Rule to Show Cause (Other than for Child Support) is a court order issued by a judge that requires a person to appear in court to explain why the court should not impose a penalty on them. The order is used in a variety of circumstances, including when a person is in contempt of court, when a party is not following a court order, when a person has failed to make a required payment, and when a party has failed to obey a subpoena. There are two types of Illinois Order for Rule to Show Cause (Other than for Child Support): civil orders and criminal orders. Civil orders are issued when a person has violated the terms of a civil court case, such as when a party has not paid a debt or when a person has not followed a court order. Criminal orders are issued when a person has violated a criminal law, such as when a person has failed to appear in court or when a person has failed to obey a subpoena. In either case, the person must appear in court and explain why the court should not impose a penalty.
Illinois Order for Rule to Show Cause (Other than for Child Support)
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FAQ
The only way to get out of paying child support is to take on more time with the child or terminate your parental rights. However, if you just need to stop paying for a time, you can file to modify child support.
What Does Being Held In Contempt Of Court Mean? Illinois courts hold that failure to make child support payments required by court orders is evidence of contempt of court. When contempt of court is filed against you, you must attend a hearing to show cause.
The best course of action is to ask the court for an order modification (more below). The only guaranteed ways for support to end are if parents get back together or the child becomes legally independent based on age (usually 18) or via emancipation, marriage or joining the military.
If the paying parent has no income for reasons that are beyond their control, then the court will not require them to pay any support. For example, they cannot work because of disability or incarceration. In that case, the judge will order them to pay $0.
How do I terminate child support? You must file a Motion to terminate child support and a Notice of Motion with the Clerk of the Circuit Court and then appear in front of a judge. A form motion is available in the law library or on-line at .
A parent, however, is not permitted to unilaterally waive child support on the child's behalf and the court may intervene any time a parent attempts to do so.
The Court may send out an Order to Show Cause to tell you that you did not follow the Court's rules, directions or deadlines and to instruct you to file one or more documents by a certain date.
A petition for rule to show cause is a legal procedure in which one person, the petitioner, says that another person, the respondent, has not followed a court order or judgment. The petition is a document detailing which order or judgment was not followed and details of how the judgment or order was violated.