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#772514 - 09/14/16 06:30 PM Illinois: Ex in contempt and still not complying
EFB1980 Offline

recently joined

Registered: 09/14/16
Posts: 1
New here from Illinois, and in need of some advice. (Sorry so long)

Quick history, my divorce was final two years ago and my ex was awarded the marital home. She was ordered to take over the payment immediately and given 90 days to refinance and get my name off the mortgage. She was also ordered to pay off one of the credit cards and to return all of my personal property.

Nine months later she had not made any effort to follow the court order. Refused to return my belongings, and I was still making all of the mortgage payments etc.

We returned to court and she was found in contempt. She said she was unable to refinance because of her credit. When asked why she had not at least taken over the monthly payments as ordered (because she was working) she claimed she didn't have the money.

The judge ordered the house to be sold and upon sale I was to be reimbursed for all of the payments I had been making. She was also ordered to allow me to retrieve my personal belongings from the house. That was over a year ago.

Since she was found in contempt she still has made no effort to comply with the judges orders and has basically been living in the home rent free for two years. She refuses to allow a realtor into the home and continues to cancel the appointments or answer the door. The few times she has answered my calls in the past year she has claimed that the roof is now leaking and that the heat does not work, yet will not make repairs. I have also not been allowed to step foot on the property in two years, so I have no idea the true condition of the home. When I have tried to see the property and retrieve my belongings, I have taken an officer with me, but as she refuses to allow me inside, they say there is nothing they can do to help.

Why is it so difficult to enforce a contempt order? As of now I am out about $21,000 for payments she should have been making and I'm not even sure the sale of the home at this point will cover that cost.

The other issue is, I feel like my attorney is really dropping the ball on this. I've called to find out my options and his suggestion was to try scare tactics first, as in send a letter to her attorney suggesting a second contempt of court hearing. That was two months ago and I have yet to hear anything back about the case. However my quarterly statement from my attorney shows where I was billed for this paper work that I have yet to see.

I am very frustrated at this point! I'm not sure where to go from here or what my rights are. I feel as if my attorney is not being straight forward about what needs done and even the court orders seem vague.

Has anyone else dealt with something similar? I knew divorce could be difficult, and she has never tried to make this easy, but I never imagined I would still be dealing with all this two years later.

Any advice or suggestions would be greatly appreciated.
Thank you!

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#772515 - 09/15/16 11:17 PM Re: Illinois: Ex in contempt and still not complying [Re: EFB1980]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 770
A 2nd contempt charge is in order, with jail time as a consequence. Your ex has no incentive to comply otherwise. What many learn the hard way is it's important to separate or end all financial entanglements with an ex before the divorce is final.

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