Legal Question in Credit and Debt Law in Illinois
My former spouse is not paying child support and medical/educational bills for our four children as was agreed to within our dissolution of marriage contract. I have gone to court on several occasions with absolutely no success. He and his attorneys are avoiding any discussion of settlement and continue to delay through court continuances. As I already have a case filed with the court, would it be wise to drop my case and sue my former spouse for breech of contract? Please advise, my bills are mounting while he lives his lifestyle with great relish. He is very successful and can clearly provide for our children. Thank you.
1 Answer from Attorneys
Practically, you can not sue your former spouse for breach of contract. If you do, your case will be transferred back to the same judge who is hearing the current matter.