Legal Question in Family Law in Illinois
Divorce
I have been divorced for 4 years, and yet I still find myself in court fighting over issues i thought was settled in the divorce decree. My ex-husband refuses to adhere to the divorce decree, everything that was determined he has ignored forcing me to take him to court for every thing, from paying medical bills and tution, not visiting or keeping the children, to the moving out of and selling of our matial home, to paying me proceeds from his pension and 401k. Everything is a legal battle, things that I thought was determined in the original divorce decree. Nothing from the original decree is the same he has had changed or overturned issue that were decreed. What can I do? Can I sue him? Can I file him being in contempt of court? HELP! I cannot afford the legal expenses this is costing me. 773-931-8985
2 Answers from Attorneys
Re: Divorce
All the things you mentioned can be handled by an attorney. A court can order your ex-husband's employer's pension company to pay you directly. He will never see the money. This is something that can be done in a matter of hours.
All the other issues you mentioned can be handled with the proper lawyer documentation. It sounds like you don't have an attorney to help you with all this, but your situation will best, and most quickly be resolved with the help of one.
Re: Divorce
Well, it's unfortunate that there are these types of people. Generally, everything regarding "property settlement" in a divorce is final once the divorce judgment is entered. Child-related matters can be modified.
All that said, if the ex-husband does not comply enforcement IS done by asking a court to hold him in contempt. If he's guilty the court will order him to reimburse your attorney's fees.
Feel free to call me or we can do a free initial consultation. Frankly there are things probably you should simply ignore. But, some of the things like pension, 401k, ect. where there may be large dollars at issue I think you have to pursue. Has a QDRO(s) been entered on the pensions/401k? This should just be a formality that you can do and he can't stop.