Legal Question in Family Law in Illinois
My divorce was finalized in 2008 after a long, drawn out battle in court. I have sole-custody of our 3 year old daughter. My ex-husband had left me with a large IRS tax debt that keeps getting bigger and bigger. In our divorce decree, it clearly states that he is responsible for making payment arrangements as well as paying me back all the money that the IRS has kept from me since the debt is not paid. My ex refuses to make payment arrangements and the irs is coming after me. I am most likely going to have to pay all the debt myself as I have already paid over $4500 (and the total debt is $10,000 due to interest and penalities...continues to get bigger too). I know that the irs doesn't care about the divorce agreement but I do... What can I do to get some of that money back? This has caused me much stress, anxiety, and not to mention tarnished my credit due to a tax lien. Also, my ex refuses to pay for any other costs related to my daughter (i.e. daycare, extracurricular activities, school expenses). But wants her to miss her dance classes etc... and if I take her to the class he tells me I am in-contemp of court and will have me arrested cuz it is his time with her. Please help! I need to get this stress eliminated. I am remarried and want to move on with my life.
3 Answers from Attorneys
Contact the attorney who handled your divorce and get this man back into court on a contempt citation as soon as possible.
The only way to enforce your judgment is to go back to court. A Petition for Rule also known as a Petition for Adjudication of Indirect Civil Contempt must be prepared, filed and served on your former husband, setting forth how he has not complied and asking that he be held in contempt. Make sure you have previously asked, in writing for reimbursement of the costs you refer to unless they are specifically set forth in amount in the judgment.
You have to go back to court and enforce the Judgment.
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