Legal Question in Family Law in Illinois
Property signed over in place of non payment of child support
I received a divorce in 1996 at which time I was awarded total custody of our 2 children aged 13 and 11. support started out at $50/wk because of a temporary job, and not a full time position, and was increased to $265/mo. I only received child support for less than 1 year total, nothing after that. No visitation, just left children without contact. We have property, which was to be sold and split after a year but that was not done. I am in the house paying everything since 1996, taking care of all of the children's needs and I would like to know what are my chances of having the house turned over to me instead of trying to claim back child support, which I will probably never see, since he never intended to pay. He has moved to another state, I do now have his address, & phone #. I have asked him if he would sign the house over to me, and he stated no. What are the limitations of claiming back child support, or could I try to get the house signed over. The house is in need of repair, I have limited funds, and my hands are tied. I cannot refinance, I can only make repairs that I can afford. He has done nothing that was decreed in our divorce as far as support, insurance for the children, submission of W-2 forms. Help
1 Answer from Attorneys
Re: Property signed over in place of non payment of child support
Hello. Don't be discouraged. You have several
options. Yes, you can get everything you want.
You should contact the Office of the State's Attorney about assisting you with the child
support issues since he lives out of state. Next,
with notice to your ex-husband, you should file
a petition to modify the terms of your divorce
judgment so that you can get title to the house.
You need representation. There are clearly alot
of issues here and you do not want to try to
represent yourself. I will be happy to answer
any additional questions that you may have.
P.S. You can locate him. There are a lot of
ways to do this. The office of the State's Atty.
can help.