Category: Uncategorized

Posted on

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.

Posted on

Illinois Child Support Now Includes Income Sharing

On July 1, 2017, Illinois underwent a major overhaul of it’s child support laws. Before July 1, child support involved taking a certain percentage of the payor’s net income for each supported child, specifically 20% for one, 28% for two, 32% for three, and 40% for four or more. Although the new system appears difficult to understand, the new laws actually help to create a fairer outcome than the previous laws allowed. The new laws help to make sure each parent pays the fair share of raising a child.

Continue reading “Illinois Child Support Now Includes Income Sharing”
Posted on

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”

Posted on

Three Tips for a Successful Mediation

Ad a divorce mediator in Chicago and elsewhere in Illinois, Many people ask me about the pros and cons of meditation, and some of them have been addressed in my prior article.  However, once you have decided you want to try mediation, it can help to keep in mind the following three tips for successful divorce mediation. If you are interested in divorce mediation, you can contact me or check out a mediation website I’m a part of [click here].

Continue reading “Three Tips for a Successful Mediation”

Posted on

Should I Mediate My Divorce?

It depends.

Why Mediate a Divorce?

When a couple files for a divorce, usually there are a lot of angry feelings. The tendency is to want to fight for every conceivable advantage. That is why you hire a lawyer, right? Well, yes and no. You hire a lawyer to fight for your rights, but also to advise you as to the best course of action to take, all the ramifications that certain actions will have and how to achieve the best possible results. Your attorney will likely inform you that mediation is the best way to go. Why? Continue reading “Should I Mediate My Divorce?”

Posted on

Ex Violating Divorce Judgment or Custody Order?

“My ex is violating a court order. What should I do?” As a divorce lawyer Cook, DuPage, and Lake counties, I get that questions a lot. Unfortunately, many people are surprised when they get divorced then find their ex is not following the court order.

I wrote this article to shed some light on what a divorce lawyer can help you do when your ex is violating a court order in Illinois. I’m a divorce lawyer in Illinois, and many times I’ve taken action against against people who don’t follow court orders. Continue reading “Ex Violating Divorce Judgment or Custody Order?”

Posted on

Who is the Best Divorce Attorney in Chicago?

You decide that you want to get a divorce.  Should you try to retain the best divorce attorney?  Absolutely.  You should retain the divorce attorney who is best for you!  What does that mean?  One who listens, who charges a rate that you can live with, knows the law, and understands that your divorce doesn’t exist to fund his or her next island vacation.

Here’s a few things you should know . . . . Continue reading “Who is the Best Divorce Attorney in Chicago?”