• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Divorse/Pension in Illinois

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

N

NEED TO KNOW

Guest
I need help in a hurry!
After 19 years of marriage, I was divorced in 1997 from a lawyer. At that time it was clearly stated in the decree what percentage and dollar amount I was to receive for the marital years, upon my ex's retirement.

Last Aug. he decided to retire early. To do so he had to buy-out 8 years to retire at full pension. He contacted the last lawyer who represented me, (who never saw the pension work-up done by Standard & Goldstein) how I would like to pay for MY SHARE of his buy out, monthly or in one lump sum. At that time, my lawyer thought his brief note ment that he was offering me a chance at purchasing an additional percentage of the pension. She requested he send her the Standard & Goldstein work-up that she never saw.
He dropped out of sight! All her calling and letter sending got no response. We were forced to take this to court.(next week)

Meanwhile, the following month (Sept.) he sent me the pension amount (stated in the decree) LESS over $300.00, accompanied with a note that he will be charging me $XXX.XX PLUS AN UNSTATED AMOUNT OF INTEREST for twelve months, for my XX% of the buy-out. He further stated that upon full payment, he will sign the papers for QUILDRO.

I now live in California and just had neck surgery, so I cannot be present next Tuesday, which scares me!

I NEED TO KNOW, as of this month I have paid 7 months with interest towards this buy out. This was all done by a person of the legal professon not a layperson, without an agreement or even an understanding. Next week at court, can I now legally lay claim to an EXTRA PERCENTAGE of the pension because of what he's done and what I paid in???

Also, who pays the taxes on this money was never stated in the decree. As of today, he receives the full amount and I assume he paid the taxes accordingly. I was told that if I do not go on QUILDRO and leave it as is, I will not have to pay any taxes. Is this the case?

Thank you for your prompt reply.
NEED TO KNOW
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top