Legal Question in Family Law in Illinois
Divorce & payments
My exhusband has not been making the house payment as agreed upon in our divorce. I was contacted by the bank today and was told they are going to reposes the house. What is this going to do to my credit and what could legaly happen to me. Plus with all this going on could my exhusband still get custody of our child that he isn't paying child support for like he is supposed to
2 Answers from Attorneys
Re: Divorce & payments
I'm sorry to hear about your situation. It is unfortunate that some people are like your ex.
First of all, it's unlikely that someone who is not taking care of their financial responsibilities will be awarded custody of a child.
If the house is maintenance (alimony) then funds can be withheld from your ex's employer. This is something that the court can order.
If you don't already have an attorney, I recommend that you get one as soon as possible so that the court can enforce these orders.
Re: Divorce & payments
Does your divorce judgment clearly outline your ex-husband's obligations in maintaining the house payments? If so, you will need to hold him in contempt for violating the court order. A foreclosure on the home will be a nightmare for your credit, try to avoid it if possible. Lastly, child support and custody are separate issues, just because he is not paying support does not automatically forbid him from getting custody; there are many other factors involved. Good luck. Feel free to email if you need better clarification.