I have a divorce ruling from 4 years ago (30+ year marriage) which has granted me maintenance based on my ex's income. He has recently decided to retire and filed a motion to modify and/or remove this maintenance.

The paper I received says that he sent it before 5pm on 9/18, but I just received it today 9/27 (via first class mail) and the judge is hearing the motion 10/4. I plan on filing a written opposition to his motion, but I'm not sure I can get it filed in time. Is there a way I can delay/dismiss the hearing on the grounds that I wasn't given proper notice?

I live in Illinois

  • How was it sent? – phoog Sep 27 '17 at 22:09
  • I updated the question to include the method @phoog – A4L123 Sep 27 '17 at 22:20
  • Was the envelope postmarked? – phoog Sep 27 '17 at 22:24
  • it was postmarked 9/18 – A4L123 Sep 28 '17 at 16:35

Rule 12 of the Illinois Supreme Court says that this is sufficient time (4 days after mailing, if by US mail, which has the longest advance-notice requirement). From their perspective, this is timely notification. You can file a motion to continue, with the aid of this website. You could also file a motion to dismiss, if you can give the legal reasons to dismiss.

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