Non Compliance With Court Order

Summary

The non-custodial parent has not fully complied with a court order to submit Parent PLUS loan applications for their twin sons. Despite being aware of his eligibility, he only applied for one child and requested a significantly lower amount than required. This partial compliance and evasion tactics can be grounds for filing a motion for contempt. Additionally, loan records can be subpoenaed to verify his financial status and check for misrepresentation.

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I have a few questions for example of a non-custodial parent and I are involved in it I’m going child support case in Chicago Illinois cook county for child support payments retroactive child support payments and full coverage of educational expenses so let’s say even though this case has been dragged on for years let’s just say that on June *, * the judge ordered that Bolsonaro custodial parent and I submit applications to the parent plus loan to determine our eligibility for our twin sons college expenses now I submitted mine on July *, * and I did get denied But the non-custodial parent pulled off a bunch of different intentional tactics such as his attorney deliberately misrepresented what the judge ordered in her draft court order dated July *, * on July *, * for the non-custodial parent obtained an emergency order of protection against me out of a different county in Illinois based on false misleading statements and allegations now that was an attempt for him to evade from having to submit his applications to the parent plus loan knowing that if he submits his applications that he will immediately be approved as his credit score is over * but he continues to claim that he has poor credit and is $*.* in debt then on August *, * for the noncustodial parents Fasley stated directly to the judge via email that the non-custodial parent cannot open fafsa accounts for the boys because I’ve already opened those accounts so he’s unable to submit his applications for those reasons on August *, * for the excuse was from the non-custodial parent and his attorney that the non-custodial parent tried but couldn’t due to the fact that I am not providing him with the boys Social Security numbers and some other numbers one in fact both the noncustodial parent and his attorney had both of the boys Social Security numbers the entire time and did not need any other numbers on August *, * the noncustodial parent was ordered to submit applications to the parent plus loan for both of the boys to determine his eligibility for the loan by August *, * now here’s the thing the noncustodial parent know the entire time that if he submits the applications that he would definitely be approved so what he did on August *, * he submitted only one application to the parent plus loan for one of the boys and requested only * when the boys each needed $*,* more for the entire year he done sent emails telling me that he will be requesting cancel cancellation of his one application he did get approved for * for one of the boys he never applied for the other kid now what is the situation

Hi Alisa,
It seems like the non-custodial parent is not complying with the court order regarding the Parent PLUS loan applications. For Cook County, Illinois, you can:
- File a motion for contempt to address non-compliance with court orders.
- Gather evidence of non-custodial parent’s tactics and communications.
Would you like more details on filing a motion for contempt in Cook County?

~Cook County Circuit Court
Phone: (*) *-*
Website: www.cookcountycourt.org

Yes

Hi Alisa,
Here are the steps to file a motion for contempt in Cook County, Illinois:
*. **Prepare the Motion:** Draft a motion for contempt, detailing the non-custodial parent's non-compliance.
*. **Gather Evidence:** Collect all relevant communications and evidence of non-compliance.
*. **File the Motion:** Submit the motion to the Cook County Circuit Court.

~Cook County Circuit Court
Phone: (*) *-*
Website: [www.cookcountycourt.org](http://www.cookcountycourt.org)

Would you like assistance with drafting the motion?

What would I title it and how do I describe the situation

Certainly, Alisa. For your motion, you can use the following title and description:

Title:
"Motion for Contempt for Non-Compliance with Court Order Regarding Parent PLUS Loan Applications"

Description:
"In the matter of child support and educational expenses for our twin sons, the non-custodial parent has repeatedly failed to comply with the court's order dated June *, *, to submit Parent PLUS loan applications. Despite multiple deadlines and clear instructions, the non-custodial parent has engaged in intentional tactics to misrepresent facts and evade responsibilities, including seeking an emergency order of protection based on false statements, failing to apply for both children, and providing misleading excuses regarding the submission of required applications."
Would you like more assistance with drafting the full motion?

Oh I just wanna know if I can even file does contempt because he was told on August *, * to apply on or by August *, * to determine his eligibility now as he knew his eligibility the entire time that’s why he was evading from submitting the applications he submitted only one application for one of the boys and requested a way less amount that white was needed for the entire year is that still in contempt even though he applied for only one

Hi Alisa,
Yes, you can still file for contempt. Non-compliance with a court order, even partially, can be considered contempt. Since the non-custodial parent did not fully comply by applying for both children and for the correct amount, you have grounds to file a motion for contempt.
Would you like assistance with the next steps?

Well he was supposed to apply to determine his eligibility

Hi Alisa,
Thank you for the detailed explanation. Given the situation, it seems that the non-custodial parent's partial compliance (applying for only one child and for a lesser amount) is still not fully adhering to the court's order.
Would you like guidance on how to proceed with filing the motion for contempt based on this partial compliance?

But I’m trying to explain that he knew his eligibility the entire time he just try to avoid from having to submit the applications because he does not want to pay for the boys college expenses out of pocket or buy credit so he submitted one application for only one of the boys requested a way less amount than what was needed for the entire year for him and then proceeded to send emails stating that he requested a cancellation

Hi Alisa,
It sounds like the non-custodial parent is deliberately avoiding full compliance with the court order. To address this, you can highlight his intentional evasion in your motion for contempt.
Would you like a sample description to include in your motion to make this clear?

I don’t know how

Hi Alisa,
I understand this is a complicated situation. Here's a sample description to include in your motion for contempt:

Description:
"In the matter of child support and educational expenses for our twin sons, the non-custodial parent has deliberately evaded full compliance with the court's order dated June *, *. Despite being aware of his eligibility, he only submitted one application for one child and requested a significantly lesser amount than needed. Furthermore, he sent emails intending to cancel this application, demonstrating his intent to avoid financial responsibility."
Would you like more help with drafting the full motion?

How do I describe the situation he did now between August * and August *

Hi Alisa,
To describe the situation between August * and August *, you can use the following description in your motion:

Description:
"Between August * and August *, *, the non-custodial parent was ordered to submit Parent PLUS loan applications for both of our twin sons. Instead, he only submitted one application for one child and requested a significantly lower amount ($*,*) than required ($*,*). This partial compliance and request for cancellation of the application indicate deliberate evasion of his financial responsibilities."
Would you like to proceed with more details on filing the motion for contempt?

He was ordered to submit applications to determine his eligibility as he was falsely claiming that he has poor credit and that he is $*,* in debt so the judge ordered him to submit applications to determine his eligibility but this is the situation as he didn’t know his eligibility the entire time that’s why he was doing all those intentional tactics but he submitted application for one of the boys and requested a lesser amount that does not cover the entire year and then he sent emails that he’s he’s going to be requesting a cancellation of his loan

Hi Alisa,
Thank you for the clarification. Here's a sample description to include in your motion for contempt, which highlights the non-custodial parent's actions between August * and August *, *:

Description:
"Between August * and August *, *, the non-custodial parent was ordered to submit Parent PLUS loan applications to determine his eligibility, despite falsely claiming poor credit and significant debt. He submitted one application for only one child, requesting a lesser amount ($*,*) instead of the required $*,* for the entire year. Furthermore, he indicated intent to cancel this application, demonstrating his deliberate evasion of financial responsibilities."
Would you like more assistance with drafting the full motion or further steps?

So this is why I’m asking what type of motion do I drop now is it still contempt as we do have a hearing on August * so the judge wants to know if he did what he was supposed to do

Hi Alisa,
Given the situation, you should still file a **motion for contempt**. The non-custodial parent's partial compliance and evasion tactics indicate a failure to fully adhere to the court's order. This motion will address his non-compliance and intentional avoidance.
Would you like assistance with drafting the full motion?

Yes please

Hi Alisa,
Here is a sample outline for your motion for contempt:

Title:
**"Motion for Contempt for Non-Compliance with Court Order Regarding Parent PLUS Loan Applications"**

Description:
"In the matter of child support and educational expenses for our twin sons, the non-custodial parent has repeatedly failed to comply with the court's order dated June *, *, to submit Parent PLUS loan applications. Despite multiple deadlines and clear instructions, the non-custodial parent has engaged in intentional tactics to misrepresent facts and evade responsibilities, including:
- Seeking an emergency order of protection based on false statements.
- Failing to apply for both children.
- Providing misleading excuses regarding the submission of required applications.
- Submitting one application for only one child and requesting a significantly lower amount ($*,*) instead of the required $*,* for the entire year.
- Indicating an intent to cancel the submitted application.
These actions demonstrate a deliberate evasion of financial responsibilities."

Steps to File:
*. **Prepare the Motion:** Include the above title and description in your motion.
*. **Gather Evidence:** Collect all relevant communications and evidence of non-compliance.
*. **File the Motion:** Submit the motion to the Cook

And I also want to know if I were wanting to subpoena the non-custodial parents loan records is it appropriate in this case

Hi Alisa,
To subpoena the non-custodial parent's loan records, you can follow these steps:
*. **File a Motion to Compel:** Request the court to order the non-custodial parent to produce the loan records.
*. **Draft a Subpoena:** Prepare a subpoena for the loan records.
*. **Serve the Subpoena:** Have the subpoena served to the relevant financial institution.
Would you like more details on how to draft and serve a subpoena?

I want to know if the loan records irreverent in this case

Hi Alisa,
Loan records can be relevant in your case to demonstrate the non-custodial parent's financial status and compliance with court orders. They may provide evidence of his creditworthiness and whether he misrepresented his financial situation to avoid responsibilities.
Would you like more details on how to request these records?

So can you help me explain why his lawn records irreverent in this case

Hi Alisa,
Loan records can be relevant in your case for the following reasons:
- **Verification of Financial Status:** They confirm the non-custodial parent's actual financial situation and creditworthiness.
- **Compliance Check:** They show whether he has misrepresented his financial status to evade responsibilities.
- **Evidence of Intent:** They provide proof of his actions regarding loan applications and financial obligations.
Would you like assistance in drafting a request for these records?

Can I write these reasons on my notice to the opposing party meaning my notice of my intent subpoenas loan records

Hi Alisa,
Yes, you can include these reasons in your notice of intent to subpoena the non-custodial parent's loan records. Here’s a concise way to phrase this:
---
**Notice of Intent to Subpoena Loan Records**
To [Opposing Party's Name],
I intend to subpoena your loan records for the following reasons:
- **Verification of Financial Status:** To confirm your actual financial situation and creditworthiness.
- **Compliance Check:** To determine whether you misrepresented your financial status to evade responsibilities.
- **Evidence of Intent:** To provide proof of your actions regarding loan applications and financial obligations.
Sincerely,
[Your Name]
---
Would you like more assistance with any other part of this process?

Well he claim to have poor credit and to be $*,* in debt

Hi Alisa,
You can address the non-custodial parent's claims of poor credit and debt in your notice as follows:
---
**Notice of Intent to Subpoena Loan Records**
To [Opposing Party's Name],
I intend to subpoena your loan records for the following reasons:
- **Verification of Financial Status:** To confirm your actual financial situation and creditworthiness, given your claims of poor credit and $*,* in debt.
- **Compliance Check:** To determine whether you misrepresented your financial status to evade responsibilities.
- **Evidence of Intent:** To provide proof of your actions regarding loan applications and financial obligations.
Sincerely,
[Your Name]
---
Would you like more assistance with any other part of this process?

Non Compliance With Court Order

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