Legal Question in Family Law in Illinois

I was divorced in 2002. The judgement decree was for a structured monetary settlement to be paid on a yearly basis. My ex-wife stopped paying me in 2005. She still owes me over $1K. Financial/legal & health issues have prevented me from getting this into court sooner.

I understand there certain statutes of limitations for different types of cases, but I don't know what applies to divorce in Illinois. My fear is that I may have waited too long to pursue this.

Can you clarify?

Asked on 4/09/13, 1:08 pm

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.

There are at least two possible theories. One is that a judgment is only enforceable for 7 years. But it can be revived during the 20 year period after its entry. the second is that your judgment may incorporate a written settlement agreement which is a contract which is enforceable for 10 years. The third is that you sat on your rights for so long your ex has a right to assume you abandoned your claim. Only a judge can determine which theory wins.

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Answered on 4/09/13, 1:18 pm

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