Category: maintenance

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HOW DO I ENFORCE A COURT ORDER FOR SUPPORT OR MAINTENANCE?

MY EX OWES ME MONEY AND WON’T PAY. WHAT DO I DO?

People often call me because they are owed child support or maintenance. They want to know what they can do to get the errant former spouse to comply with an existing court order. Unfortunately, there is no simple answer.

The first step in the process is filing the appropriate document. Typically, it would be a Petition for Rule to Show Cause. This is fancy lawyer talk for “I want the court to force someone to comply with a court order.” On the first court date, the court may “issue a rule” on the verified pleading. This means that the court says there is enough evidence that a violation may have occurred to warrant a hearing, and the alleged violator is ordered to appear in court and “show cause” why s/he should not be held contempt.

The alleged violator is given time to respond in writing and a hearing date is set. For a finding of contempt, the court must find that the alleged violator is WILLFULLY violating the order. Willful means that the alleged violator has the ability to pay and has simply chosen not to do so.

Once a finding of contempt is entered, the judge will set a purge. A purge is the amount that it takes to no longer be in contempt. If a contemnor does not meet the purge, the court can issue a body attachment and s/he can be jailed until compliance.

HOW MUCH WILL IT COST TO HIRE AN ATTORNEY?

If there is a finding of contempt, your attorney can request reimbursement for your court fees. These fees typically include the cost of preparing and filing the Petition for Rule and the hearing on the matter. Most attorneys will expect the client to pay up front, and then the contemnor to reimburse the client. HOWEVER, if no contempt is found, because the conduct is not willful, the client will be responsible for his or her own legal fees.

The amount of fees depends on the work necessary to prepare the Petition and prepare for the hearing. Proving the allegations can be complicated if the alleged violator is self-employed, works more than one job, or has rental income, for example.

If someone owes you money, give me a call and we can discuss your options.

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Divorcing a Missing Spouse

Sometimes people have been separated for many years and have never gotten divorced.  They may figure that they have no children, they own no real property,  they have no marital property, or they never plan to remarry, so what’s the big deal? If you have been separated for many years, in the eyes of the court you might as well still be living together because your rights and responsibilities are still the same.  Anything that you have purchased is marital property, even if purchased in your own name.  Your spouse is still entitled to a portion of your pension benefits, and if you die without a will, your spouse will still be able to get a spouse’s share of the intestate estate. The only way to separate your finances from a spouse is through a legal separation, which is a court proceeding, or a divorce. Continue reading “Divorcing a Missing Spouse”

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Illinois Has a New Maintenance (Alimony) Law. What Do You Need to Know?

Starting January 1, 2015, a new law determining spousal maintenance is in effect for divorcing couples. Maintenance is also known as alimony (particularly by the IRS) or spousal support. The new law, P.A. 98-0961, affects couples whose combined gross income is less than $250,000. The new law was put into place to fix inconsistencies in the way different courts awarded maintenance across Illinois. As this is a new law with complex mathematical computations, it is strongly advised that you consult an attorney before agreeing to any divorce settlement that includes a maintenance award. Continue reading “Illinois Has a New Maintenance (Alimony) Law. What Do You Need to Know?”

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Can’t Find Spouse But Want a Divorce?

Sometimes people have been separated for many years and have never gotten divorced.  They may figure that they have no children, they own no real property,  they have no marital property, or they never plan to remarry, so what’s the big deal?

If you have been separated for many years, in the eyes of the court you might as well still be living together because your rights and responsibilities are still the same.  Anything that you have purchased is marital property, even if purchased in your own name.  Your spouse is still entitled to a portion of your pension benefits, and if you die without a will, your spouse will still be able to get a spouse’s share of the intestate estate.

The only way to separate your finances from a spouse is through a legal separation, which is a court proceeding, or a divorce. Continue reading “Can’t Find Spouse But Want a Divorce?”

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Is There More Than One Type of Maintenance in Illinois?

Illinois has several types of maintenance: permanent, temporary and rehabilitative.

What is Temporary Maintenance?

While a divorce is pending, a court may award one spouse maintenance on a temporary basis.  The purpose is to assure that the more dependent spouse has his or her financial needs met.  Once the divorce is finalized, all temporary orders void.  However, the marital settlement agreement or judgment may include a separate award of maintenance, or none at all. Continue reading “Is There More Than One Type of Maintenance in Illinois?”

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Who Has to Pay Alimony (Maintenance) in Illinois

What is Alimony?

Alimony is a husband’s or wife’s court-ordered provision for a spouse after separation or divorce.  In Illinois, alimony is known as spousal support or maintenance.

Who Gets Maintenance?

Either spouse can get an award of maintenance.  However, there is no set formula.  The court must consider statutory factors and case law. Continue reading “Who Has to Pay Alimony (Maintenance) in Illinois”