Legal Question in Family Law in Illinois

I recently got divorced in April and my ex husband was represented by an attorney, I represented myself. It states in my divorce decree that he is to pay me alimony/maintenance monthly for our boys. Since we have custody 50/50, he does not pay me child support. Also in the divorce papers, it states that I am to have one of the autos that currently we still have an outstanding loan on. It says that I am to have sole ownership of this said vehicle and he is to not be responsible for it anymore. He wants to be off the loan completely and the only way to do that is to refinance the vehicle through the bank. I just started a brand new job and the bank will only refinance me with a co-signer since I have not been employed long enough. I have no one to refinance with me. My ex-husband said that if I do not remove him or get his name off the loan in a months worth of time, he is going to hold my alimony until I do. My question is, is this legally right for him to do this?


Asked on 9/04/14, 8:21 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

The simple answer would be no. But one has to look at your agreement/judgment to be sure. Does the agreement say you have to refinance the car loan. It may give you the car and make you responsible for the outstanding loan, but not say that you have to refinance. And you had the right to ask the the alimony come out of his pay check. There may be other omissions as you chose to represent yourself. Some may be correctable. Some may not be fixable. Your rights and obligations are set by the judgment/ Review it carefully.

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Answered on 9/04/14, 9:17 am


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