Legal Question in Family Law in Illinois

Post Divorce - Property Settlement

My Ex husband was ordered to pay the mortgage and the utilities until the final sale of the marital residence, at which time he would commence his child support payments instead. The house was listed with several realtors for the past 3 years. Unfortunately, it hasn't sold and he stopped paying the mortgage in February 2007. The mortgage lender initiated foreclosure proceedings and in January 2008 my ex signed paperwork to modify the loan. He is now in default of this modification and they starting foreclosure proceedings again. The realtors have attemted to short sale, but we had no offers and the mortgage balance far exceeds the house value. Can I modify the marital agreement myself so that he has to pay child support since he is not paying the mortgage? If so, what forms do I need to fill out and how long do you think this will take?


Asked on 5/07/09, 6:10 pm

1 Answer from Attorneys
John Steele Steele Law Firm

Re: Post Divorce - Property Settlement

You need to get back in court and get a regular child support order entered asap. Don't worry about the home issue. Let me know if you have any further questions.

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Answered on 5/09/09, 7:50 pm


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