How do I cancel a court order to receive maintenance from my ex-husband without paying an attorney?

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How do I cancel a court order to receive maintenance from my ex-husband without paying an attorney?

He is on medical leave from his job and is battling terminal stage 4 lung cancer. Recently he found out that the company where he has worked for the past 39 years is going under and will be closing. He will no longer be receiving disability income.

Asked on February 20, 2011 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Is it coming out as a wage garnishment?  What he needs to do is to make an application/motion to modify the court order for the maintenance based upon a change of circumstances.  He can go to court pro se or have someone go as Power of Attorney on his behalf.  You will be served with the paperwork and will have to appear for the hearing on the motion.  If you have no objection then it will most likely be ordered by the court.  You yourself can not go and cancel it.  Only he can or someone on his behalf (please do not do so yourself as his POA).  May I also suggest that he seek help from a disability attorney regarding applying for social security disability.  He paid in to the system for 39 years.  He is entitled.  Good luck to you all.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Is it coming out as a wage garnishment?  What he needs to do is to make an application/motion to modify the court order for the maintenance based upon a change of circumstances.  He can go to court pro se or have someone go as Power of Attorney on his behalf.  You will be served with the paperwork and will have to appear for the hearing on the motion.  If you have no objection then it will most likely be ordered by the court.  You yourself can not go and cancel it.  Only he can or someone on his behalf (please do not do so yourself as his POA).  May I also suggest that he seek help from a disability attorney regarding applying for social security disability.  He paid in to the system for 39 years.  He is entitled.  Good luck to you all.


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