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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

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Attorney answers 3

Best Answer
Posted

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.

Asker

Posted

I have the same Attorney I hired to get my cottage deed 100% back in my name. Why would I need a new one? I did just email her Thursday asking where my deed is and she said she will check with my ex's attorney. What ever that means. It was supposed to be done about 3 weeks ago. This is a serious matter as it's effects my Chapter 13 bankruptcy getting finalized. My ex has no regard for the courts. She covertly dictates her own laws. The judge called her quit claiming my cottage to our daughters a Selfie or something like that. She also said it was fraudulent too, But my ex has still dragged her feet twice now. I think she wants to see if she gets awarded any college fees first before she fixes the quit claim deed. Can she really get away with that?

Judy A. Goldstein

Judy A. Goldstein

Posted

If you have an attorney, you should be asking your attorney these questions. We are unable to judge or second-guess what your attorney has been doing. If you would like a second opinion, you need to speak in person with an attorney to discuss your situation. Bring all your paperwork with you to your consultation.

Asker

Posted

P.S. I like my attorney as a person. But she last told me she will be unreachable for 3 weeks as she's on a big case. She's done that twice with me now. I'm disappointed my "little" job is on her back burner. My fees have exceeded $6k now.

Asker

Posted

Going bankrupt as the housing bubble took my life savings that I used as a 45% down payment. Dumb move on my part :(

Asker

Posted

So I ask my Attorney for my file and she gives it to me? Then I go for another consultation? I guess I will have to if she keeps losing focus on my case. I have to go through constant review with her to get her memory back on what's going on and where we are at. Maybe that's normal in your industry? Uhg!

Judy A. Goldstein

Judy A. Goldstein

Posted

No it is not normal.

Asker

Posted

Is it illegal for me to post one of my ex's settlement proposals here?

Asker

Posted

I want to show you how bad she wants me to not be a part of our daughters lives. As well as keep me away from the wife of the man she had her affair with.

Judy A. Goldstein

Judy A. Goldstein

Posted

This is a simple Q&A forum. DO NOT post details like that here!

Asker

Posted

I'm a reasonable guy, I feel like I'm on a Jerry Springer set.

Asker

Posted

I won't Judy. Didn't think so anyway, That's why I asked first.

Asker

Posted

Is anyone here familiar with the term going around "Parent Alienation Syndrome?

Judy A. Goldstein

Judy A. Goldstein

Posted

Please speak in person to a lawyer. This really is not a discussion forum. All family lawyers know about PAS. It is not a new concept.

Asker

Posted

Thank You Judy, You always come through with good suggestions. :)

Judy A. Goldstein

Judy A. Goldstein

Posted

You are welcome. I'm sorry I can't be more help, but this forum is just not set up for the detail that you need.

Posted

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.

Asker

Posted

I hear what your saying Mr Cameron. I paid all my support on time. My ex snapped when I met a woman and attempted to move forward in my life. She got very angry and turned our daughters against me. She went all out j keeping me in the dark as to what my younger daughter was doing withe her life. The older was 22 at divorce time. And no, I never received one bill or bit of information concerning our daughters college plans. Consequently due to all this court stuff, I did learn my daughter was enrolled part time in a community college. This information is 5 years later. My daughter is 23 1/2 now. And my financial conditions have deteriorated since 8 years ago.

Asker

Posted

Also, I sent emails asking my daughter if she was planning on going to college. Never one reply. And the house phone number got changed as well as my daughters cell numbers. My ex refuses to communicate with me. She went and got a mutual no contact order to be sure of it.

Asker

Posted

Mr Cameron, One more thing. You sound like you might be judging me. Please don't. You don't have any idea what I have done to give my daughters a great start in life. My story is rags to riches to rags again due to health problems. My ex was making 8 times my income at time of the divorce and continues to be blessed. Me not so blessed. I work as a tradesman and injured the disc in m neck as well a several disc in my lower back. This is serious for me.

Anthony Bettencourt Cameron

Anthony Bettencourt Cameron

Posted

Not judging. Just hate to see unnecessary litigation and it was you who told her she "had" to petition the court.

Asker

Posted

She did so we could determine who can afford how much towards our daughters education. I was barely picking up a tool, small assets. She is siiting on big assets as well as earning 6 figures. We agreed upon going by Statute 513 when college would become a factor. Our daughter was 15 at the time of divorce. She would be starting college at age 19 as she was born late in the year.

Asker

Posted

*correction Begining should read...If she did we could determine....

Asker

Posted

Anyway, Thank You for your contribution here. I see you are highly respected in your field and I respect you for that. :)

Asker

Posted

P.S. Keep in mind if the conditions 8 years later were reversed. I would be paying most of the college expenses. At divorce time, No one can be 100% sure of what the future holds. IL Statute 513 makes for a fair and reasonable solution.

Anthony Bettencourt Cameron

Anthony Bettencourt Cameron

Posted

Again, I was just going by your narrative. All your subsequent points are well taken and point out weaknesses in our post-dissolution jurisprudence. Every good wish.

Posted

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.

Asker

Posted

Actually quite the opposite. I petition the court to get my house deed corrected and then my ex countered with the college fee issue. Then when the judge told her she can't get the fees after the fact (5 years later) My ex kept coming up with some other petty issue. One being I didn't pay her $67.00 back in 2008 during support years. I found the cancelled check. Now I'm back in court arguing over fees I agreed to pay had my daughter been a full time college student. I had no knowledge of my daughters college status until they produced the college fees from the last court date. They show she was a part time student taking a class hear and there at a community college, Still I have to go to court yet again to show the judge my daughter was never a full time student. Such a waste of time and energy. I don't understand why her lawyer keeps pressing on with no evidence to support their claims. They keep losing each time. Maybe her lawyer needs work. ?

Asker

Posted

*here

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