Legal Question in Family Law in Illinois

Modifying the Marital Settlement

I filed 2 petitions - 1. a petition for rule to show cause since my ex has not been making mortgage payments and 2. a petition to modify the marital settlement agreement so that he pays child support instead. My ex and his lawyer friend threaten they will drag this out as long as it takes. I showed for our first court appearance last month and it is being continued til August. Knowing that I don't have the financial resources to secure qualified legal counsel has finally forced me to try to be act as a pro se until I can find some other method of securing decent counsel. I know it's not the best scenario but it's been 18 months since a mortgage payment has been made, the house is upside down 150K and no child support payments have been made. I am an artist and have been forced to take jobs out of state to provide for my kids. He still has access to the marital residence even though he has a separate residence with his girfriend of 4 years. I am currently being treated for cervical cancer so my job options right now are a bit limited. He knows this but has absolutely no compassion. He refuses to pay to support his children (18,17,12), nor is he offering them any emotional support. I just want to move on with my life.


Asked on 7/21/09, 4:50 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Re: Modifying the Marital Settlement

Since you have cervical cancer, you should be less concerned about your husband paying child support and more concerned about making arrangements for these children to returned to their father's custody. You won't get support for the 18-y/o and the 17-y/o is almost emancipated. You only concern then would be support for the 12-y/o who is going to need to be in the care, custody and control of his father in the event your disease progresses. It makes no sense to through money at a house that is already $150K under water and its likely at this point that the lender will not accept payments anyway. You do need to know the status of the foreclosure case.

You don't say when your divorce was entered but you should contact your divorce attorney or some legal aid agency in your area and get representation immediately.

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Answered on 7/21/09, 6:50 pm


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