Post-Decree Issues

//Post-Decree Issues

EMPLOYERS MUST PAY OUT WHEN THEY ARE SERVED WITH A WITHHOLDING ORDER

The trial court entered a judgment of dissolution of marriage.   Husband was ordered to pay $370 per month in maintenance to wife when their farmland sells. An auction was held that same month.   The sale did not take place yet. Wife filed a wage garnishment against husband’s employer.  The employer did not pay out to [...]

WIFE WENT TO COURT WITHOUT NEEDING TO

The Trial Court entered a judgment for dissolution of marriage in 2011.   It included the following language re the marital residence: The equitable interest on the property is divided 50-50 between the parties.   It is subject to repayment of any loans on the premises.  And it is subject to any existing guarantees for which actual [...]

By | April 19th, 2019|Post-Decree Issues|0 Comments

SITTING ON YOUR RIGHTS-YOU SHOULD HAVE STOOD UP SOONER

The Appellate Court agreed with wife’s argument that the trial court should not have entered a default judgment against her.  It had contained a joint custody order.  It contained full detail on how the parties were to share responsibilities and time with the children.  It divided up the assets between the parties.   It divided the [...]

IS THERE SERIOUS ENDANGERMENT TO THE CHILD?

It is sixteen months after entry of a judgment of divorce.  The mother of the child brought an action to modify the terms of the agreed visitation privileges of the father. Father filed a counterpetition.  For a modification of custody and for court-ordered psychiatric treatments for the child. The Trial Court denied father's petition.  The [...]

By | February 27th, 2019|Post-Decree Issues, The Best Interests of the Child|0 Comments

WAIVING AN INTEREST MEANS YOU NO LONGER HAVE AN INTEREST IN THAT ASSET

The parties divorced.  Each party kept their own retirement assets.  Each waived an interest of any kind in the other’s retirement assets.  Ex-husband died after the divorce.  He never executed a document changing the ex-wife as the beneficiary to his 401(k) account. The Executor for ex-husband informed Fidelity Brokerage Service that the 401(k) account should [...]

By | February 6th, 2019|Post-Decree Issues, Property Division|0 Comments

CAN YOU STOP SUPPORTING YOUR CHILD BECAUSE YOU DON’T GET ALONG?

Mother filed a petition for father to contribute to their son’s college expenses. The petition alleged that son had graduated from Marmion Academy in Aurora with a 3.75 grade point average.  He would be enrolling at Purdue University in the fall. The cost of attending Purdue University was approximately $20,000 per year.   Son would not [...]

By | January 23rd, 2019|Child Support, Post-Decree Issues|0 Comments

ATTORNEY DID NOT HAVE TO PAY HUSBAND’S ATTORNEY FEES

Attorney had represented husband in A dissolution of marriage case. The attorney was granted leave to withdraw. He was no longer the husband’s attorney. Attorney filed a petition for payment of final fees and costs from husband. The petition requested payment from husband of $48,000 in unpaid attorney fees. A hearing took place. The court [...]

By | November 8th, 2018|Family Law Articles, Post-Decree Issues|0 Comments

WHAT IF THERE IS MORE THAN ONE REASONABLE INTERPRETATION?

Husband and wife agreed to carry insurance on their lives in their divorce decree.   Upon the death of a party, each of their two children shall be entitled to receive death benefits.  Each child was entitled to $50,000.00 in death benefits. The Agreement did not specifically mention husband's existing life insurance policy.  Husband had not [...]

GOING AFTER CHILD SUPPORT ARREARAGES IN PROBATE COURT

Divorce judgment for divorce had been entered in 1983.  It included monthly child support to be paid by husband.   Husband died in 2008. In 2012, wife filed a petition for confirmation of lien, sale of real estate, and entry of a QDRO (against his pension).   She alleged that there were child support arrearages and interest [...]

By | August 21st, 2018|Child Support, Post-Decree Issues|0 Comments

READ ONE LAST TIME BEFORE YOU SIGN

The parties divorce.   The judgment provides that their Agreement (MSA) settled 'all questions of property rights.  All claims against each other.  All rights of maintenance and all other marital rights arising out of their marriage to each other.' Wife was responsible for everything related to the marital home. It was now hers alone.  She believed [...]