house pension maintenance

[chilinc]

What is the name of your state (only U.S. law)? Illinois
My ex-wife is asking for maintenance, half of my pension payments, and a disposition on our house. what's the legal remedy I have to avoid this?

The divorce judgment was June 8 2011, I was granted custody of our then seven year old son. The ex-wife left the home in Dec. 2009, I had no knowledge of her whereabouts until Sept. 2010 from our daughter. at that time she was staying at home with us from school. I attempted twice to have Her served by the sheriff's office Sept. 2010 and Nov. 2010 with no response. in Mar. 2011 I filed publication. judgment made June 8 2011 from then the next time I saw her I told her twice we were divorced, and she could get copies of the decree from the clerk's office, which She did not, after months of her walking in and out of the house at random days and times, I told Her that she has to call to let me know when She wants to visit, she flat-out says that she don't have to answer to me, that she can come and go as She pleases. After months more of that I finally told her I will file for an order of protection. She returned later with the local police to enforce her comings and goings. I allowed the officer to review my copy of the decree, which states we are divorce, I have custody of our son and the house; and visitation and child support is reserved. I filed for child support in May 2013 with DFS which was only $35.00 weekly, set by the judge at the time. There is no order for visitation. My ex-wife files on June 21, 2013 for disposition of the house, half of my pension and maintenance. What can I do.

 

[LdiJ]

What is the name of your state (only U.S. law)? Illinois
My ex-wife is asking for maintenance, half of my pension payments, and a disposition on our house. what's the legal remedy I have to avoid this?

The divorce judgment was June 8 2011, I was granted custody of our then seven year old son. The ex-wife left the home in Dec. 2009, I had no knowledge of her whereabouts until Sept. 2010 from our daughter. at that time she was staying at home with us from school. I attempted twice to have Her served by the sheriff's office Sept. 2010 and Nov. 2010 with no response. in Mar. 2011 I filed publication. judgment made June 8 2011 from then the next time I saw her I told her twice we were divorced, and she could get copies of the decree from the clerk's office, which She did not, after months of her walking in and out of the house at random days and times, I told Her that she has to call to let me know when She wants to visit, she flat-out says that she don't have to answer to me, that she can come and go as She pleases. After months more of that I finally told her I will file for an order of protection. She returned later with the local police to enforce her comings and goings. I allowed the officer to review my copy of the decree, which states we are divorce, I have custody of our son and the house; and visitation and child support is reserved. I filed for child support in May 2013 with DFS which was only $35.00 weekly, set by the judge at the time. There is no order for visitation. My ex-wife files on June 21, 2013 for disposition of the house, half of my pension and maintenance. What can I do.

You should probably consult a local attorney.

 

[chilinc]

You should probably consult a local attorney.

thanks, the major problem is that I'm limited when comes to money as that my income is fixed, and can't afford an attorney to handle this matter. this whole process was done Pro Se and my ex has filed the same way. I don't know any attorney that represents for free in my area or any other I wish there were. p.s. sorry I have no idea what the quote means

 

[LdiJ]

thanks, the major problem is that I'm limited when comes to money as that my income is fixed, and can't afford an attorney to handle this matter. this whole process was done Pro Se and my ex has filed the same way. I don't know any attorney that represents for free in my area or any other I wish there were. p.s. sorry I have no idea what the quote means

You have a complicated situation. When you divorce by publication and marital assets exist then its quite possible to get the property settlement portion of the divorce re-opened. She normally would have been entitled to 1/2 of the marital assets and would have been responsible for 1/2 of the marital debts. Some pensions are also considered to be marital assets. Therefore the very real possibility exists that she will get half of the marital assets.

Maintenance is much more unlikely as she has been without your financial support (at least I assume so) for the last 4 years, therefore its going to be difficult for her to claim that she needs to be supported now.

 

[OHRoadwarrior]

You can of course request the assets be assessed at their value when the divorce was granted. You should also check to see if her appeal was timely as it was just over a year.

 

[Proserpina]

You can of course request the assets be assessed at their value when the divorce was granted. You should also check to see if her appeal was timely as it was just over a year.

I don't think she's appealing - it appears that she wants to open a new case, or at least reopen the divorce.

 

[LdiJ]

I don't think she's appealing - it appears that she wants to open a new case, or at least reopen the divorce.

And such re-openings are frequently granted when a divorce has been granted by service via publication. We have had at least half a dozen people on these forums themselves who were successful in doing so, although I don't recall any in the last couple of years. They were further back than that.

 

[Bali Hai]

What is the name of your state (only U.S. law)? Illinois
My ex-wife is asking for maintenance, half of my pension payments, and a disposition on our house. what's the legal remedy I have to avoid this?

The divorce judgment was June 8 2011, I was granted custody of our then seven year old son. The ex-wife left the home in Dec. 2009, I had no knowledge of her whereabouts until Sept. 2010 from our daughter. at that time she was staying at home with us from school. I attempted twice to have Her served by the sheriff's office Sept. 2010 and Nov. 2010 with no response. in Mar. 2011 I filed publication. judgment made June 8 2011 from then the next time I saw her I told her twice we were divorced, and she could get copies of the decree from the clerk's office, which She did not, after months of her walking in and out of the house at random days and times, I told Her that she has to call to let me know when She wants to visit, she flat-out says that she don't have to answer to me, that she can come and go as She pleases. After months more of that I finally told her I will file for an order of protection. She returned later with the local police to enforce her comings and goings. I allowed the officer to review my copy of the decree, which states we are divorce, I have custody of our son and the house; and visitation and child support is reserved. I filed for child support in May 2013 with DFS which was only $35.00 weekly, set by the judge at the time. There is no order for visitation. My ex-wife files on June 21, 2013 for disposition of the house, half of my pension and maintenance. What can I do.

Get a lawyer as you should have done at the outset of the divorce and pray.

 

[Doreen]

If your former wife was notified of your pro se divorce by way of publication in a newspaper, it is unlikely the court adjudicated issues of property, pension, and maintenance.

The divorce may possibly be reopened for those issues to now be taken up by the court.

 

[justalayman]

If your former wife was notified of your pro se divorce by way of publication in a newspaper, it is unlikely the court adjudicated issues of property, pension, and maintenance.

The divorce may possibly be reopened for those issues to now be taken up by the court.

actually a good point. A court can grant a divorce but not divide the assets but reserve such actions for some future time. If that is what happened, then the only defense to her claims is the same as if she was there in the beginning; either she is not entitled to the asset or the division she is seeking is not equitable.




so, rather than LidJ's first response of you should consult an attorney;

You really need to consult an attorney.



have you checked your courts for indigent assistance?