Legal Question in Family Law in Illinois
does my ex have legal rights to do the following
In Sept. 2003 my ex and I divorced. The divorce all in all was amicable. We agreed on most terms on the martial settlement agreement. I agreed to most of the bills in order to avoid an ugly battle. I made a lot less than he did and fell flat on my face. I had to file bankruptcy several months later. He was sued for 2 of the bills I filed on. He is now threatenimg to sue me for contempt of court. He tells me that if I do not give him 1000.00 he will have me arrested and sent to jail. Thereby I will lose my kids. Can he do this? Am I in contempt? My lawyer at the time advised me to file as he could see that I would have no other choice. My lawyer is no longer doing family law. Any advice you can give me would be great. Thanks J.--name removed--
P.S. The only orders I have from a judge was from the settlement agreement. Other than that day 9/2/03 we have not been in court in regards to the divorce.
1 Answer from Attorneys
Re: does my ex have legal rights to do the following
Hello. First of all your ex cannot take your
children away from you on the issue of these bills. In my opinion, the issue is whether the
divorce judgment ordered you to take steps to keep your ex from being sued over a bill that you
agreed to take responsibility for. You obviously
were qualified to file a bankruptcy petition
based upon your financial situation. Indirectly your children did benefit from this move since
your finances were protected by law from judg-
ments and subsequent garnishments against your
accounts which would affect your ability to care
for your children. In my opinion, you will be
on safe ground, but you should have representa-
tion in place should your ex decide to go on
the offensive against you in court. There is
a possibility that the creditors suing your ex
should be contacted by you in writing with a copy
of the divorce judgment advising them that, by
court order, the bills are your responsibility.
I am sure that by now you have been officially
discharged from the debts, so the creditors will
not be able to touch you and probably may then
leave your ex alone. I will be happy to answer
any additional questions that you may have.