Legal Question in Family Law in Illinois

Mistake in Divorce Decree

My ex-husband is to pay me 32% (we have 3 children) of the net amount of other income over his base salary. He owns a business and this was put in so that if he pays himself dividends from the profits of the company, it goes toward child support. It says that he is to pay 32% of anything he makes over what he is paying per month in child support though. I think the wrong figure was put in there because the ex wouldn't have knowingly signed this. We were divorced 2 months ago. Is this enforceable since we both signed it, the lawyers, and the judge? He hid all kinds of assets while we were married and really screwed us over in the divorce. This ''loophole'' provides for my children, like ex should have done in the first place. I am afraid to bring it up to my ex now because he may take me to court right away to have it changed. My lawyer says to wait a year. I am afraid to wait because it says my ex should be paying me every month 32% over the child support payment and if I don't ask for it right away like the decree says, then the judge might side with my ex and say it was a mistake. In my eyes, it is not a mistake. I waived maitance in lui of receiving additional income thru this ''loophole'' instead.


Asked on 6/05/09, 1:40 pm

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Re: Mistake in Divorce Decree

The sooner you go back in the easier it will be to clear up any error or ambiguity. If your divorce attorney won't do it then its best that you find another attorney as soon as possible who will.

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Answered on 6/05/09, 2:26 pm


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