How Can I Enforce Divorce Decree
My question involves personal property located in the State of: Illinois.
My divorce stated that at the time of my divorce that both parties were to keep whatever was in their possession at that time. However, I was living in our home of 20 yrs and he had moved out 6 months before the divorce was finalized. The home was put up for short sale and my kids and I moved out into an apartment nearby. In the meantime, while living with his mother 40 miles away he would casually come and take truckloads of furniture, the light fixtures, ceiling fans, and even the washer (which I'm still paying for) and the old dryer. Everything but the kitchen sink has been removed without my knowledge. Apparently he and a friend were selling my things at a flea market.
How can I enforce the property issue if I don't have proof, as far as pictures, receipts, etc. of what was left in my posession?
I have witness statements stating that they saw what was mine and witnessed him with his friends filling up the truck. Would that be considered heresay?
I'm currently dealing with the child support issue, (he hired an attorney, I couldn't afford one so am pro se) because he's out of a job. He knew he was losing his job for over 6 months and pursuant to the divorce decree was to "Dilligently" seek employment. He went out partying instead.
I'm having a hard time believing in justice when our divorce papers seem to be worthless. He also just got approved to abate spousal support for the term of his unemployment. He lives with his mother and has no expenses and I'm disabled and raising two children. I don't get it???
Some wisdom would be greatly appreciated.
Desparate former housewife
Re: How Can I Enforce Divorce Decree
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mssgee
My question involves personal property located in the State of: Illinois.
My divorce stated that at the time of my divorce that both parties were to keep whatever was in their possession at that time. However, I was living in our home of 20 yrs and he had moved out 6 months before the divorce was finalized. The home was put up for short sale and my kids and I moved out into an apartment nearby. In the meantime, while living with his mother 40 miles away he would casually come and take truckloads of furniture, the light fixtures, ceiling fans, and even the washer (which I'm still paying for) and the old dryer. Everything but the kitchen sink has been removed without my knowledge. Apparently he and a friend were selling my things at a flea market.
So neither of you was technically in possession of the items or the family home at the time?
Then I would think that you both had the right to do what he did - however sneakily he did it.
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How can I enforce the property issue if I don't have proof, as far as pictures, receipts, etc. of what was left in my posession?
I have witness statements stating that they saw what was mine and witnessed him with his friends filling up the truck. Would that be considered heresay?
I think you'd have a very hard time convincing the court that a) you were in possession and he sold the goods without your knowledge (because you weren't technically in possession of the goods to begin with), and b) that he should reimburse you.
Witness statements cannot be cross-examined; are your witnesses willing to stand up in court?
Even if they are though, you still have to deal with a).
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I'm currently dealing with the child support issue, (he hired an attorney, I couldn't afford one so am pro se) because he's out of a job. He knew he was losing his job for over 6 months and pursuant to the divorce decree was to "Dilligently" seek employment. He went out partying instead.
You need to request that he is imputed an income equal to his past earnings. How far along are you in the support matter?
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I'm having a hard time believing in justice when our divorce papers seem to be worthless. He also just got approved to abate spousal support for the term of his unemployment. He lives with his mother and has no expenses and I'm disabled and raising two children. I don't get it???
Some wisdom would be greatly appreciated.
Desparate former housewife
Have you tried Legal Aid? Are you SSDI/SSI?
Re: How Can I Enforce Divorce Decree
I was living in the home during our divorce and the items in the home that he agreed that he had no interest in, were clearly in my posession and I believed it was mine. He wrote a list on hte day of our divorce stating that all he wanted was a lawnmower, his tools and a few other specific items. I didn't move out until 2 months after the divorce was finalized. I told him I had every intention of selling what was left in the home.
I go to court next week as a follow up to receive his job application journal, regarding the child support issue. And yes, I am currently (have been for over 5 years)receiving SSA for my disability. And my witness will attned if it's worth it to take this to court. If it's not worth it? I am very, very disappointed in our legal system.
Does any of this make a difference? Thanks so much for your response.
Desparate Former housewife
Re: How Can I Enforce Divorce Decree
You have a motion pending in relation to a 'journal' and child support - nothing in relation to the division or sale of this property - and you're going to be disappointed with the legal system if the judge doesn't let you present witnesses and testimony on this issue? Then prepare for disappointment. If you want to raise the issue of whether your ex- sold property that had been awarded to you and whether he owes you any money as a result, you have to file an appropriate motion and notice it for hearing; often to present witnesses you must not only bring your motion but at an initial motion hearing convince the court to schedule an evidentiary hearing where you can present witnesses and other evidence. Otherwise neither your ex- or the court will be prepared for the issue, and the court won't have set aside the time for your desired evidentiary hearing.