Legal Question in Family Law in Illinois

Refusal to pay court ordered money...
We spent 3 years in divorce court, with 2 of those years being because his lawyer dropped him & my lawyer had to keep going to court for continuations. It's been over 2 years since the divorce & I'm still paying for my divorce. My ex knows this drained me, both emotionally & financially. My ex was ordered to pay me 20% of anything he made over $32,000 each year. He made almost $60,000. He refuses to pay me & threatens to take me to court to have the papers revised if I try to collect from him. I can't afford a lawyer again & he knows I am scared of having the small amount of money I recieve for child support & maintenence reduced or taken away, so his threats of revision concern me. We're coming to the 2008 tax time & I know he isn't going to pay me for that, either. I feel like my hands are tied. If I dare try to collect ( through the court system), I could end up worse off than I am now. He's stated that all those years in court would be in vain should I not heed his threat. Is it really that simple for him to just walk into court & have everything revised, despite the court orders that took 3 years to accomplish? He preys on my fear. Any advice will be much appreciated.

Asked on 12/27/08, 9:28 pm

3 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

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Re: Refusal to pay court ordered money...

You must find a way to stop allowing this man to intimidate you. You are divorced now. He owes the support? For your own sake and for the sake of your child or children, waste no more time taking a stand. As has been suggested, the State may be able to help you collect from your ex without you having to incur further attorney's fees. If not, there must be some way for you to hire an attorney who can take effective legal action on your behalf. Your ex might be found to be in contempt of court for his intentional refusal to obey a court order. He might be required to bring everything up to date in order to stay out of jail. He will continue doing what h has been doing until you and the law make him stop. Do it now!

Answered on 12/28/08, 9:10 pm

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Motty Stone Law Offices of Motty Stone

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Re: Refusal to pay court ordered money...

You should contact the State's attorney. Child support payments can sometime be collected by the State (no charge to you). You should not be afraid of your husband, he is not going to be able to reduce the 20% award for child support as that is pretty much set in stone in Illinois.

Answered on 12/28/08, 1:10 pm

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