Legal Question in Family Law in Illinois
i was divorced almost 1 and 1/2 years ago and given maintenance which is renewable in 5 years when i reach 58 years old. It been 5 years since i worked and have been truthfully unable to secure a job since i was in the real estate industry selling model homes making a 6 figure income for a decade and the builders have all gone under. i am not a realtor and IL licensing now requires a person to become a broker which academically is above my level. I barely make ends meet since my cobra insurance is so expensive and will run out in another 1 1/2 years. My ex husband is angry that i haven't just taken a minimum wage job and has threatened to quit hit job or retire and vacate the state, so he is not within jurisdiction of the judge to have to continue paying me maintenance past the 5 years I was granted. Can he do this? I would have more money to live on if he hadn't stolen most of our assets. i still work on proving this fraud so i can reopen the divorce.
1 Answer from Attorneys
1 - I doubt you will be able to reopen the divorce, especially if you had the information available to you at the time you were divorced.
2 - you have a ongoing duty to attempt to become employed.
3 - he, of course, can quit his job and leave the state. That does not form a basis for modification of the order, but makes it very difficult to collect the money you would be owed
4 - He can do it - that does not mean it is right - and you can not get an order ordering him not to quit his job. you will be owed what you are owed.
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