QUESTION
What can be done if Supreme Court rule 922 was violated?
Asked on Jul 22nd, 2013 on Child Custody - Illinois
More details to this question:
I am going into two years in a child custody case. My lawyer charged me a $1500 retainer and did not provide a written agreement. He has asked me for more money throughout the case. I am now up to $3500 or over. I have had my one of my children since February 2012 and the other two since September 2012. He never filed any formal temporary order for custody and therefore nothing is written anywhere about official custody even though she gave them to me or visit exchanges to which she is late for pick up and drop off every weekend and refuses to meet me at the police station even though there is a keep the peace order. Child support enforcement is sending letters to pay her support since there is no official stop child support order even though they live with me and go to school in my district. He said he wants more money again and I asked for a copy of a fee agreement he refuses to provide and an itemized bill he also refuses to provide. He said Illinois does not require him to give me one. I just filed a complaint with the bar can my lawyer withdrawal even though he hasn't been doing his job. My case is almost over. Last court date was two months ago and no new ones have been set.
1 ANSWER
By filing the complaint, you have forced your attorney to ask leave to withdraw. A conflict now exists between the two of you. Whether his conduct is appropriate is no longer relevant. What motions have been filed and still have not been ruled on are not clear. If there was a motion to change custody to you and it has not yet been ruled on, then it can be argued that such a motion is also a request to terminate support. Unfortunately rules are not always strictly followed in a divorce context. There could be many reasons why this has not been concluded some of which may have a reasonable explanation. 508 requires you have a copy of your agreement. You should have been given one when you hired the attorney.
Answered on Jul 24th, 2013 at 10:03 AM