How to Pay for a Court Order

[Screwed99]

What is the name of your state? IL

Hi.

I have filed for an annulment after a five week marriage. I'm not sure if I will be successful. If not I will try to get a divorce. I am being sued for her legal costs, maintenance, fictitious costs, uncovered medical bills etc, so my question is as follows.

My assets include about $40k in a 401k plan that existed prior to our marriage and about $20k in equity that I have in a condo that I bought before we got married most of which would be diluted via realtors commissions, fix up costs and a falling market if I was to sell. My savings have already been spent on my legal fees incurred and what will be incurred going forward. On D Day if the Judge gives a court order awarding her $20k or $30k or $40k or whatever it will be how would that be handled. Would I be expected to borrow from a bank to pay her or would they send the Sheriff out to take possession of my Condo? How does it work, what if I was to loose my job and couldn't get a loan from the bank to pay for her court awards, could the court put me on a payment plan over ten years? Thanks.

[MFinancier]

Originally Posted by Screwed99

What is the name of your state? IL

Hi.

I have filed for an annulment after a five week marriage. I'm not sure if I will be successful. If not I will try to get a divorce. I am being sued for her legal costs, maintenance, fictitious costs, uncovered medical bills etc, so my question is as follows.

My assets include about $40k in a 401k plan that existed prior to our marriage and about $20k in equity that I have in a condo that I bought before we got married most of which would be diluted via realtors commissions, fix up costs and a falling market if I was to sell. My savings have already been spent on my legal fees incurred and what will be incurred going forward. On D Day if the Judge gives a court order awarding her $20k or $30k or $40k or whatever it will be how would that be handled. Would I be expected to borrow from a bank to pay her or would they send the Sheriff out to take possession of my Condo? How does it work, what if I was to loose my job and couldn't get a loan from the bank to pay for her court awards, could the court put me on a payment plan over ten years? Thanks.

I think it would be helpful if you kept all your posts on one thread!

[Shay-Pari'e]

Originally Posted by MFinancier

I think it would be helpful if you kept all your posts on one thread!

Sorry for the hijack. Any help for this guy?

[url]http://forum.freeadvice.com/showthread.php?t=415714[/url]

[mistoffolees]

Originally Posted by Screwed99

What is the name of your state? IL

Hi.

I have filed for an annulment after a five week marriage. I'm not sure if I will be successful. If not I will try to get a divorce. I am being sued for her legal costs, maintenance, fictitious costs, uncovered medical bills etc, so my question is as follows.

My assets include about $40k in a 401k plan that existed prior to our marriage and about $20k in equity that I have in a condo that I bought before we got married most of which would be diluted via realtors commissions, fix up costs and a falling market if I was to sell. My savings have already been spent on my legal fees incurred and what will be incurred going forward. On D Day if the Judge gives a court order awarding her $20k or $30k or $40k or whatever it will be how would that be handled. Would I be expected to borrow from a bank to pay her or would they send the Sheriff out to take possession of my Condo? How does it work, what if I was to loose my job and couldn't get a loan from the bank to pay for her court awards, could the court put me on a payment plan over ten years? Thanks.

It's really quite simple. If there's a court order against you, you pay it. It's up to you how to pay it. You can borrow it, sell your condo, sell your car, sit on a street corner with a cup in your hand, whatever.

If for some reason, you are unable to pay a court order, then you are free to petition the court for a change, but that's not going to happen since the award would be for up to half of your assets (it would actually be far less than half since you can subtract your pre-marital assets). Since the award is for a small fraction of your assets, you can, by definition, afford to pay it.

If you refuse to do so, expect to be dragged back into court, pay legal expenses to defend against contempt, pay the original amount plus interest, have your wages attached, and possibly go to jail.

[Bali Hai]

Originally Posted by Screwed99

What is the name of your state? IL

Hi.

I have filed for an annulment after a five week marriage. I'm not sure if I will be successful. If not I will try to get a divorce. I am being sued for her legal costs, maintenance, fictitious costs, uncovered medical bills etc, so my question is as follows.

My assets include about $40k in a 401k plan that existed prior to our marriage and about $20k in equity that I have in a condo that I bought before we got married most of which would be diluted via realtors commissions, fix up costs and a falling market if I was to sell. My savings have already been spent on my legal fees incurred and what will be incurred going forward. On D Day if the Judge gives a court order awarding her $20k or $30k or $40k or whatever it will be how would that be handled. Would I be expected to borrow from a bank to pay her or would they send the Sheriff out to take possession of my Condo? How does it work, what if I was to loose my job and couldn't get a loan from the bank to pay for her court awards, could the court put me on a payment plan over ten years? Thanks.

Do you really expect her to have a huge amount of marital assets after a 5 week marriage???

And if you are successful in obtaining an annulment, there was no marriage.

Realistically, she MIGHT get the judge to order you to pay her legal fees and 1/2 medical bills.

As far a maintenance (alimony) award, this is totally up to the judges discretion. DO NOT agree to pay her any alimony. If the judge orders it after a 5 week marriage, I would appeal that boneheaded decision all the way to the US Supreme Court.

[MFinancier]

Here is a copy of my last post on your 401K thread:

I hope your attorney has explained that "Duress" will be very hard to prove. She can easily claim you agreed to marry her and support her and the child no matter who's it was...because you loved her. It will be her word against yours...unless you have something in writing...like the threats you mentioned. I mean...you married her knowing she was pregnant and it was possibly your child right? If you weren't sure it was your child...why would you have married her...threats or no threats? You will have to testify...and be cross examined...so be prepared for these questions! Thats why most people opt for divorces...because the grounds are easier to establish.

Now....

As far as any monetary judgement...much of that will be based on the child not her...and yes that could include some legal fees and medical expenses as well as CS...naturally. If you can't refi your condo...the next step will be to transfer some of your retirement account to her. CS is payable from any and all sources! They are not going to send the sheriff after you unless you are in contempt and in arrears for quite some time. Forget about a 10 year payment plan...unless you are on your death bed...you are gonna have to work like all the rest of us and pay your bills anyway you can...as was posted by mistoffolees!

[Screwed99]

Originally Posted by MFinancier

Here is a copy of my last post on your 401K thread:

I hope your attorney has explained that "Duress" will be very hard to prove. She can easily claim you agreed to marry her and support her and the child no matter who's it was...because you loved her. It will be her word against yours...unless you have something in writing...like the threats you mentioned. I mean...you married her knowing she was pregnant and it was possibly your child right? If you weren't sure it was your child...why would you have married her...threats or no threats? You will have to testify...and be cross examined...so be prepared for these questions! Thats why most people opt for divorces...because the grounds are easier to establish.

Now....

As far as any monetary judgement...much of that will be based on the child not her...and yes that could include some legal fees and medical expenses as well as CS...naturally. If you can't refi your condo...the next step will be to transfer some of your retirement account to her. CS is payable from any and all sources! They are not going to send the sheriff after you unless you are in contempt and in arrears for quite some time. Forget about a 10 year payment plan...unless you are on your death bed...you are gonna have to work like all the rest of us and pay your bills anyway you can...as was posted by mistoffolees!

Thanks for the insight. I have one more question. I am on my second attorney and would really like to get a new one because he is not a family lawyer, does not return my phone calls, and doesn't seem to have experience in this area of law. In general I do not feel well represented. That said he is a State Senator, with a really good profile and could come up with the goods in the end. So far he has issued discovery and attended court dates but has not given any legal advice as to how we should proceed. The annulment was advised by my first attorney, the court papers filed have asked for an annulment, everyone on this site says that an annulment will be very hard so I am concerned as to why my current attorney is not voicing the same opinion? So my question is will it make me look bad in court getting a third attorney now or is it better to cut my losses now and to make sure that the next guy is the right guy?

[MFinancier]

Originally Posted by Screwed99

Thanks for the insight. I have one more question. I am on my second attorney and would really like to get a new one because he is not a family lawyer, does not return my phone calls, and doesn't seem to have experience in this area of law. In general I do not feel well represented. That said he is a State Senator, with a really good profile and could come up with the goods in the end. So far he has issued discovery and attended court dates but has not given any legal advice as to how we should proceed. The annulment was advised by my first attorney, the court papers filed have asked for an annulment, everyone on this site says that an annulment will be very hard so I am concerned as to why my current attorney is not voicing the same opinion? So my question is will it make me look bad in court getting a third attorney now or is it better to cut my losses now and to make sure that the next guy is the right guy?

Let me tell you this. I worked on a case in Cook Co. for a guy who had hired one of the TOP TEN (male) civil litigators in Illinois (hundreds of millions in judgements) to handle his divorce...and his judge (female) absolutely spanked this guy every chance she got! Most of the domestic judges in Cook are women...and the court system has now become a Good Ol' Girl network. Nothing wrong with that...but they do have their favorites...and those are generally the attorneys who are in court in front of them all the time...from medium sized law firms. The judges make 125k or so a year...so when the big shots making a mln bucks show up...it's not always pretty. Your State Senator may just be a pig in a poke. Bottom line is...get someone good but humble...who specializes in family law and knows all the judges. Once again...A good attorney knows the law...a great attorney knows the Judge.

[Bali Hai]

Originally Posted by MFinancier

Let me tell you this. I worked on a case in Cook Co. for a guy who had hired one of the TOP TEN (male) civil litigators in Illinois (hundreds of millions in judgements) to handle his divorce...and his judge (female) absolutely spanked this guy every chance she got! Most of the domestic judges in Cook are women...and the court system has now become a Good Ol' Girl network. Nothing wrong with that...but they do have their favorites...and those are generally the attorneys who are in court in front of them all the time...from medium sized law firms. The judges make 125k or so a year...so when the big shots making a mln bucks show up...it's not always pretty. Your State Senator may just be a pig in a poke. Bottom line is...get someone good but humble...who specializes in family law and knows all the judges. Once again...A good attorney knows the law...a great attorney knows the Judge.

Ahhhhh...Justice American Style!!! It sticks in my craw that a litigant's life hangs in the balance of whether their attorney knows the judge or not!!!

A judge I know once told me; "there are alot of people in prison who blame their lawyer for not doing a good job of representing them, but they got JUSTICE!!"

This implies to me that fair can be unfair, justice can be injustice, attorney's can be inept, judges can be corrupt, procecutors can lie, etc. etc. and someone can STILL get justice!!

Tell this to the INNOCENT people in prison.

That judge is an ex-cop. Talk about someone who should be BARRED from ever being a judge!!!

[Screwed99]

Originally Posted by MFinancier

Let me tell you this. I worked on a case in Cook Co. for a guy who had hired one of the TOP TEN (male) civil litigators in Illinois (hundreds of millions in judgements) to handle his divorce...and his judge (female) absolutely spanked this guy every chance she got! Most of the domestic judges in Cook are women...and the court system has now become a Good Ol' Girl network. Nothing wrong with that...but they do have their favorites...and those are generally the attorneys who are in court in front of them all the time...from medium sized law firms. The judges make 125k or so a year...so when the big shots making a mln bucks show up...it's not always pretty. Your State Senator may just be a pig in a poke. Bottom line is...get someone good but humble...who specializes in family law and knows all the judges. Once again...A good attorney knows the law...a great attorney knows the Judge.

Thanks a million. Best advice I've received to date.

[VeronicaLodge]

you've been posting about your situation for over a week now, so you are at least on week 6 of your marriage not 5. when did you get married?

[Screwed99]

Originally Posted by VeronicaLodge

you've been posting about your situation for over a week now, so you are at least on week 6 of your marriage not 5. when did you get married?

I got married on 12/18/2007, I moved out on 1/25/2008 (five weeks). Got my annulment papers filed via my attorney on 2/5/2008.

[mistoffolees]

Originally Posted by Screwed99

I got married on 12/18/2007, I moved out on 1/25/2008 (five weeks). Got my annulment papers filed via my attorney on 2/5/2008.

Then you've been married for half a year, not 5 weeks. It won't matter much in the results of your case, but if you provide accurate information, your answers will be better. For example, you didn't mention her pregnancy until questioned about it. If you want a useful answer (either here or from your attorney), you need to provide all the relevant facts up front.

[Screwed99]

What does "Case Set on Trial Call" "Order for Plaintiff, Defendant or Witness to Appear allowed" and "Appearance Filed - No fee paid" mean?

Thanks

[proud_parent]

Originally Posted by Screwed99

What does "Case Set on Trial Call" "Order for Plaintiff, Defendant or Witness to Appear allowed" and "Appearance Filed - No fee paid" mean?

Thanks

You're in Cook County, aren't you?

What you've posted is typical clerical shorthand used in online case summaries in that county. For a full explanation of what exactly each of these entries mean, you'd be best off asking the Clerk of Court.