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Section 513 Post Divorce Decree!

Vernon Hills, IL |
Filed under: Divorce Divorce decree

I'm post divorce decree from May 24, 2001 ,I have a daughter who will be attending college in the fall 2013 and it states in the order under section 513 the non custodial parent is legally responsible to pay for 1/2 of college and expenses and to extend child support payments . In front of a judge today pro-see and my ex is crying poor poor pitiful me and he has no money . The judge ordered mediation and for both of us to fill out a financial affidavit 11.02. Will the judge to rule on and enforce this POS to pay his share for college and expenses? .

Attorney Answers 4

Posted

NCP is to pay for 1/2 of college AND extend support payments?!?!? That sounds odd, but . . . a deal is a deal.

When you say "in front of a judge today pro-see (sic)," I hope it was the NCP who was pro se and not you.

You should work with an attorney to do this -- you should not try to do this on your own. I suspect that you did not have an attorney when the agreement was created. These types of problems usually manifest themselves in agreements where the parties represented themselves. An experienced attorney probably would have anticipated this conflict and crafted an agreement that would dictate a resolution if not avoid the problem altogether.

The same way this problem sprouted and developed in your current agreement; the seeds of new, unforeseen problems likely will be sown and watered in your new agreement if you avoid an attorney's assistance. Do everyone -- including yourself -- a favor: work with an attorney.

Questions? Call -- 312-987-9999 -- for a no-charge, no-obligation, free Matrimonial / Family Law legal consultation.

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Asker

Posted

I filed the motion ( pro see ) to petition my ex husband on a judgement that was entered May 24, 2001. For the judge to enforce the order under section 513 college and expenses .

Asker

Posted

I did have an attorney representing me through my divorce in 2001 where by the 513 in in the settlement agreement . My ex husband is refusing to pay 50 percent of college and expenses . We were ordered today for mediation .

Posted

You should retain an attorney to ensure that your Judgment is enforced. Among other things, you need to conduct discovery to see how "poor" your ex really is. As I said, retain an attorney and make sure your divorce decree is enforced.

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Posted

These financial matters are not usually sent to mediation in Cook County. Are you joint parenting? What is a POS? You need a lawyer NOW. There is case law that states you cannot get retroactive college expenses. So you better make sure you go after enforcement of the decree now. If you do not hire an attorney you could end up losing a bundle of money.

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David Alan Zipp

David Alan Zipp

Posted

I venture to guess that POS roughly translates from the ancient Latin to mean Piece of Something not able to be typed on this board...

Asker

Posted

Yes, joint parenting , I'm the custodial parent , post decree transfer to Lake County from cook county , filed a petition to enforce the order , . Went before the judge today who suggested mediation and to complete to discoveries affidavit . The child starts college this fall 2013.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

oh geez

Posted

I echo the other fine attorneys who have posted. Consult an attorney. Your divorce order is pretty generous to order continued child support payments for a child off in college, but if that is what was agreed to by your ex, he may be stuck with that.

Child support is set on the income of the payer and it is quite common to complete 11.02's by both sides. It is against the law to file a false financial affidavit and I have seen folks be held in contempt for doing so. Make sure you follow the orders of the Court.

Good luck.

This answer is marginal legal advice and does not constitute an attorney-client relationship. Every client and case is unique. The best advice is to always consult with an attorney. Free legal resources at www.ZippToCourt.com

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Asker

Posted

I filed a motion to continue child support. Because I cannot amicably communicate to my ex husband because his defiant disrespectful attitude and his unwillingness and inability to cooperate with me, I had to file a motion to enforce the court ordered judgement which contained provisions on education and expenses . The judge ruled mediation and financial affidavit .

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