Legal Question in Family Law in Illinois

Re: Not living up to divorce agreement

There are a number of non-court options available when dealing with a �deadbeat� spouse. I will cover many of them below. Additionally, I will discuss court options whereby your former husband could potentially pay your attorney fees and costs.

If the divorce agreement involves child or spouse support, contact the Illinois Department of Public Aid (IDPA) in your county. The IDPA, through its Child and Spouse Support Unit, uses federal, state, and local resources to establish, enforce, and increase support orders and obtain medical insurance.

IDPA has numerous tools available. They can arrange to have your former spouse's income withheld. They can withhold money from unemployment and disability programs. They can arrange for intercept of state and federal tax refunds. They can place liens on real and personal property. They can arrange the suspension of business, professional, and driving licenses, and seek the suspension of passports. You do not have to be a recipient of public aid to use these services.

Now, to shift gears a bit. If your former spouse is a federal or military employee, you will have further recourse. Presidential Executive Order 12953 requires all executive agencies to facilitate payment of child support. The order applies to all civilian employees and uniformed service members. If your former spouse is a federal or military employee, contact the Office of Personnel Management responsible for his pay.

Furthermore, if you former husband is a member of the armed services or DOD civilian employee, any of his children that you now care for can receive medical benefits. Medical service and medication for the child can be obtained through Tricare. However, the child must be enrolled in the Eligibility Reporting System (DEERS). To register under DEERS, you will have to travel to the ID card issuing section of the nearest military installation.

If you would like to pursue a garnishment of wages on a military member or DOD civilian, the agent for service of process to place an income withholding order is:

Assistant General Counsel for Garnishment Operations

Defense Finance Accounting Service

Cleveland Center � Code L (DFAS-CL/L)

P.O. Box 998002

Cleveland, OH 44199-8002

216/522-5301

Finally, you can potentially take this matter to court without paying legal fees. If the court should find that your former husband's failure to comply with the divorce decree was without compelling cause or justification, the court may order your former husband to pay your costs and reasonable attorneys� fees.

Should you win in court, the court has many ways to ensure you receive any support due to you. These methods include liens, non-wage garnishment, wage garnishment, and contempt of court rulings.

Re: Not living up to divorce agreement

The classis law school answer � �it depends� � applies here. Depending upon whether your �divorce agreement� was incorporated into a court order, and upon the nature of your ex-husband�s failures to perform, you might be able to file a motion for a �rule to show cause� why your ex should not be held in contempt for failure to abide by the court order. This is not a complicated procedure, but it does have its idiosynchracies and risks.

You state that you�ve had your letters to your ex reviewed by a lawyer. Return to this lawyer and find out whether he/she will represent you in the contempt proceeding AND, as a part of the contempt matter, will he/she seek reimbursement to you of your legal expense (there is a good argument to be made that your fees were made necessary by your ex�s failure to abide by the court�s order.

This e-mail reply does not constitute legal advice and does not establish an attorney-client relationship. We provide responses to email questions for information purposes only. The information is provided as a convenience, and we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information.