4 replies to this topic

[A150002]

My daughter reached majority on May 20th 2010. The Judgment for Dissolution of Marriage between my ex-wife and I in June of 2000 contained no provisions for contributions for post high school education costs. The statute in Illinois for post high school education costs specifies that a Judge shall take the financial capabilities of both parents into consideration when determining the amount of contribution of the involved parties. My ex-wife filed a petition for contribution of college expense for my adult daughter. At the hearing on August 24, 2012 the Judge acknowledged the fact that my current wife and I did not have the financial capability to contribute but ordered it anyway. At the hearing I had run out of money and had to represent myself Pro Se. After 1 1/2 hours of questioning of me by my ex-wifes attorney it was my turn and the Judge cut me off at 5 minutes and said he was ready to rule. I asked him if I get to question my ex-wife and he replied that it did not matter he was ready to rule. I was not allowed to be heard and by not being allowed to be heard I was not able to bring to light that My ex-wife had lied on her financial statement and also show that she did have assets to contribute to pay for all of my daughter's college expenses. My wife and I because of all that had transpired in this case were not able to afford to appeal the Judge's decision. I am retired and the Judge at hearing ordered me to get a job to pay the amount that he has ordered. I had been trying to gain full time employment since March of 2010 with no success. During the 25 months of this case my current wife has been going through cancer treatment. We had to relocate to Florida to be near my family and to live somewhere where the cost of living is alot cheaper. Now I am facing possible contempt charges from the court in Illinois once my ex-wife files a rule to show cause and we are already facing forecloser of my current wife's non-marital home in Illinois because we can no longer afford to make the mortgage payments. My ex-wife has recieved $299,100.00 of tax free child support from June of 2000 through May of 2012. She has an IRA with over $59,000.00 and a 401(k) with $63,000.00. She makes $95,000.00 a year pus is now receiving $13,416.00 of tax free child support from me for my one minor son. I make $81,000.00 a year in pension and pay the $13,416.00 in child support, and my current wife can not work at this time because of her medical issues. Is there anything I can do to fix this? What can be done to me legally?

[pg1067]

My daughter was emancipated on May 20th 2010.

Because some folks use the term "emancipated" to mean something other than what it commonly used to mean, I have to ask you to explain what you mean by this.

The Judgment for Dissolution of Marriage between my ex-wife and I contained no provisions for contributions for post high school education costs. . . . The Judge acknowledged the fact that my current wife and I did not have the financial capability to contribute but ordered it anyway.

These two sentences seem to be in conflict. Can you clarify? If would also be helpful if you explained when the judgment of dissolution was entered (and, if different, when the order to which you referred was entered).

Is there anything I can do to fix this?

You're free to go back to court and ask that the prior order be vacated or modified on a going forward basis. I'm not sure why the court would have ordered that either of you to contribute to your adult child's college expenses. However, because it sounds like the relevant order or judgment was entered over two years ago, and because you didn't appeal the order/judgment, it is unlikely that you can do anything about it retroactively.

What can be done to me legally?

I think it's probably unlikely that you would be incarcerated over something like this. However, the obligation will remain and will continue to accrue interest and probably isn't dischargeable in bankruptcy (not clear if this would be considered the equivalent of child support or something else).

[FindLaw_AHK]

I agree with the previous poster, what do you mean by your daughter was emancipated? Emancipation of a minor (also called "divorce from parents") refers to a court process through which a minor can become legally recognized as an independent adult.

[A150002]

I agree with the previous poster, what do you mean by your daughter was emancipated? Emancipation of a minor (also called "divorce from parents") refers to a court process through which a minor can become legally recognized as an independent adult.

Reached Majority

Because some folks use the term "emancipated" to mean something other than what it commonly used to mean, I have to ask you to explain what you mean by this.




These two sentences seem to be in conflict. Can you clarify? If would also be helpful if you explained when the judgment of dissolution was entered (and, if different, when the order to which you referred was entered).




You're free to go back to court and ask that the prior order be vacated or modified on a going forward basis. I'm not sure why the court would have ordered that either of you to contribute to your adult child's college expenses. However, because it sounds like the relevant order or judgment was entered over two years ago, and because you didn't appeal the order/judgment, it is unlikely that you can do anything about it retroactively.




I think it's probably unlikely that you would be incarcerated over something like this. However, the obligation will remain and will continue to accrue interest and probably isn't dischargeable in bankruptcy (not clear if this would be considered the equivalent of child support or something else).

The Divorce was in June of 2000. The court order was August 24, 2012

[pg1067]

Then you might still be within the time to appeal. I suggest you start doing some research or contact a lawyer in IL ASAP.