emilar
enthusiast
Reged: 06/11/06
Posts: 380
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Illinois bankruptcy
06/01/07 02:58 AM
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In sept 2005 my estranged spouse was put out of the house for beating our 15 year old daughter. He took all of our money hired a high priced lawyer and started hiding and spending our money. I hired what I thought was a good attorney to protect us. At the time the child and I still had a house, food and not much more. My husband immediately went out on disability so he could reduce his child support to 400 a month, half of what his statutory child support should be. Everything was moving along, until my lawyer spent all of the money we had on an order of protection. She got the order of protection and filed a petition for dissolution in that same month. Its expensive I know and understood her time was money and food for her table. In March 06, she filed for interim attorneys fees, maintenance, and child support.She did not get fees, and just gave up on everything else du to ex being on disability. In April she called me to her office for a fees discussion. I told her everything I could for her to get money from him and gave her 50.00 on account. My daughter had payed 1500 for the retainer which had already been spent. I am on SSDI and have been for 10 years. She immediately filed for a continuence and basically wrote us off, I feel. In the meantime, my husband stole our only vehicle in June and hid it. When I went to her for help, she told me to file for a order of protection by myself and that if I didnt come up with another 2000 she was withdrawing. My OTHER OLDEST daughter opened a charge account and gave her the money. Meanwhile I was already 2 months behind in house payments and had trouble stretching less than 2000 a month for my child and I. We started buying everything at thrift stores and and barely surviving. Meanwhile though she had provided and asked for discovery in March, she stopped in May and didn't tell me. She told me she couldn't get the order of protection but she would get the vehicle back. Sorry so long, but bare with me. Month after month she would set hearings and then continue them, I think to try to wait for him to go back to work so she had something to work with, I understood this too. Meanwhile the child started having severe anxiety attacks. In October husbands attorney asked for discovery again. I wasn't told or asked for additional info. In December husbands attorney filed motion to compel and sanctions. Again I wasn't kept informed and was put off everytime I sked for status. In January said hearing was held without my knowledge and everything fell apart. Ex husband had gone back to work in October and was still only paying 400 a month support. We were in ruiness financial straits by then and my ex started refinancing our vehicles ,taking out loans, and collecting a 75000 dollar a year paycheck. I called her many times and asked her to call back about our case. Nothing. After I found out about that hearing I was upset and fired her. I'm sure she was relieved but we were hung out to dry. Couldn't afford an attorney, made just enough to not qualify for legal aid and had too go it alone. He would not help us out financially started leveraging our child support against us by stretching out the payments as far between as he could and receiving VA DISABILIITY family payments and refused to give us our share. He started bothering the little girl, making her illness worse.She would throw up all night and beg me to make him stop. The crisis center and her doctor said to file for another OP. The doctor called me in and said she had to go too a pych because of the past physical abuse and the current from her father were direct causes of her problem. His attorney represented him at the order of protection and basically got it dismissed AS I HAD NONE.. I tried to comply with her discovery requests and gave her tons of info, but she still took me back on the same compel motion today and got sanctions. I know we are screwed. We are now 3 months behind in mortgage payments which was on a house I bought before marriage. My credit is ruined, we are starving and about to be tossed out. I appealed to ex to just settle and let us move on, he won't wants to get all the marital vehicles, and anything else worth anything in the home. I told him I was thinking about filing for bankruptcy and he went beserk. He says I can't until after the divorce, it was against the law. I told him I have no choice. Somebody please tell me what they think. Should I run not walk to a bankruptcy or walk away from the house and let the bank take it back. I've been here 12 years. Our daughter now is beside herself and I think she is going to have a nervous breakdown or worse. I have a pre trial settlement conference in july and all remaining issues in August. I'm sure he has hocked the marital estate up to the hilt. I'm afraid of what he will do if I file for bankruptcy and he has to give up his toys. But right now I don't see an alternative. I suuported him for 11 years working for the federal government before I had a stroke at 36..I know it's a book. But if anyone has any ideas, let me know. I live in Southern Il.
Edited by emilar (06/01/07 03:36 AM)
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