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In Illinois Family court, Can I person disobey the judges ruling twice and get away with it? Will it eventually get enforced?

Niles, IL |

My divorce agreement states I quitclaim the family home to my ex wife and she quit claim the family cottage to me. We both did that 8+ years ago. Only my attorney who has since been barred from practicing lost the quit claim deed and never recorded it. 2 years later I asked my ex to sign a new one and she refused out of spite and saying I owe her money for college fees for our younger daughter. I told her she had to petition the court first. She ignored me and went ahead and quit claimed my cottage to our 2 adult daughters. Recently in court the judge told her to fix the issue. In the meantime we had another court date 5 weeks out to talk about college fees. Well she never fixed the quit claim deed issue and the judge just acted like no big deal. We asked again and the judge said to fix it

Attorney Answers 3

  1. Best answer

    Hopefully you have a new attorney. If your ex continues to disregard court orders, she could be found in indirect civil contempt of court. That would result in her having to pay your attorney's fees. She also could go to jail if she does not comply with the judges orders. Your attorney will know how to handle this matter.

    Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.

  2. It took 8 years to make this mess. It only heated up because she got fired up about the school cost issue. Another few weeks won't make any difference. Sounds like your lawyer has exactly what needs to be done in hand.

    Must admit, I am a little confused why anybody has to petition any court for you to pay a reasonable share of your own child's college expenses. Wasn't she sending you copies of the bills? As you are now seeing, court time isn't cheap.

  3. I can see why the judge might not think the house was a big deal, if that was not the issue before the court. It sounds like you brought it up during a hearing on college costs, when no motion on the house had been noticed in front of the court.

    If your wife does not obey a court order, you need to file a petition for rule to show cause, on why she should not be held in contempt of court. This will specifically put the issue in front of the court. If the court finds her in contempt she could be ordered to pay your costs of the petition or even receive jail time.

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