civil-law
Not enough time to oppose a motion
<p>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. </p>

<p>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?</p>

<p>I live in Illinois</p>

<p><a href="http://www.illinoiscourts.gov/SupremeCourt/Rules/Art_I/ArtI.htm#12" rel="nofollow noreferrer">Rule 12 of the Illinois Supreme Court</a> 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 <a href="https://www.illinoislegalaid.org/legal-information/changing-court-date" rel="nofollow noreferrer">this website</a>. You could also file a <a href="https://www.illinoislegalaid.org/legal-information/motion-dismiss" rel="nofollow noreferrer">motion to dismiss</a>, if you can give the legal reasons to dismiss.</p>
