How do Court Orders Work?

[Tania123]

What is the name of your state? Illinois

I am extremely concerned about my friend. She is a dependent spouse in a 10 year marriage, and she is contemplating divorce.

My concern lies within her flippant attitude of starting the divorce process, and I am afraid that she is not fully informed about her decision, and that she will be making a huge mistake.

After 10 years of living with an extremely controlling husband, last Sunday, after a horrible argument, she starts to pack bags, and informing her husband that their marriage is over. I talked to her on Sunday, and tried to talk her out of being so hasty with her decision, and to at least consider getting counseling, while researching the idea, before filing any documents herself.

She decides to talk to an attorny on Tuesday, and the attorney was basically promising her the world, telling her how she will never have to worry about money, since as a dependent spouse with three kids, no college degree, and never having a job, she is entitled to 32% of her husbands gross salary for child support, and then, she will be awarded 50% of all assets, as well as maintence support for five years. The attorney is going to waive the 6 month waiting period by claiming mental cruelty.

My friend being fired up after what she heard, can not wait to start the divorce process, even though she is going through with counseling anyway.

My concern is that , being divorced myself, but now happily remarried, that she is taking this attorney at her word, without really researching all the complications that can happen.

For example, I know for a fact, that my friend needs her husband's salary to live off of.

How is temporary maintenance and child support awarded?
And when its awarded, what is the process of getting the money into her hands?
Does the husband have the responsibility of writing the checks to her? Or is the maintenance amount garnished right away? What about the case of someone who is self employed?

If the husband drags his feet and does not want to pay, the attorney assured my friend that a court order would come into play.

What is the process of implementing a court order?

What is the time line of a court order in this regard? Does it take time to file a court order? And if so, how much time? What factors come into play?

What are the many tricks that her husband can play if he decides to take his wife's threats seriously, and then he starts hiding assets. Technically, my friend has not filed yet. All she is doing is making copies of investments statements, CDs, etc.. What if her husband starts spending all the money, or otherwise hiding it? Before my friend can file.

I guess what my real concern is of my friend, that she is all happy and glib that the attorny said she will not have to work, ever, she will get all this money, and during the pending the divorce, not to worry about payments from her husband.

I personally think that its not that simple. I dont think her controlling husband, who does not give her a dime, is going to cave in so easily.

What are the tricks that husband usually play, I guess to drag out the process and not comply?

Lets say they do garnish his wages. Lets say he gets fired or quits his job. Cant he file a motion claiming he does not have any money?

I would like my friend to protect herself, and not to blindly trust this attorney who is promising her the world during a consultation visit.

Any ideas of case histories, stories that will help my friend understand the gravity of the situation?

I've worked with attorneys, and as necessary as they are, they have a tendency to paint a pretty picture during the consultation, but a lot of details are left out as to what can actually happen. I dont expect an attorney to go through the detail of every little thing, but I would like my friend to know the reality that more then likely, this is not going to be easy as it seems.

Ie, my friend ran up credit card debt in HER name only behind her husbands back. The attorney is telling her that her husband will have to pay the attorneys fees, in addition to all her personal debt.

Is that really true?What is the name of your state?

 

[LdiJ]

You are correct that someone who is very determined to not pay child support or spousal support, can make it extremely difficult, if not impossible, to collect from them.

You are also correct that people can play games and attempt to hide assets.

 

[Bali Hai]

You are correct that someone who is very determined to not pay child support or spousal support, can make it extremely difficult, if not impossible, to collect from them.

You are also correct that people can play games and attempt to hide assets.

OK, what about the lawyer promising this client things that are entirely up to a judge to decide??

What about the credit card debit that she ran up and the lawyer told her that HE would be responsible for the whole thing??

Personally I think it's better now to get rid of this gold digger before she doesn anymore financial ruin.

 

[Tania123]

Ok, to be more specific and fair to my friend, she is not a gold digger. They have many children together, and she takes care of the kids.

The husband does not give her any money to live on or take care of the kids, so to avoid any arguments, (hubby has an abusive temper) she ran up the credit cards.

The lawyer is teller her that since the expenses were "household expenses" that technically, its a marital debt, even though he personally does not have his name on the credit cards.

I was disturbed, however, that the attorney was making these promises anyway, because the law is not that cut and dry about marital debts. And you are right, these things are up to a judge anyway. I think the attorney appeased her fears by saying "IL is tough when it comes to dependent spouses, deadbeat dads,e tc.. " and I let her know, that "being tough" does not change compliance.

My friend is not a golddigger. She is in an abusive situation where she is treated like a slave. Any self respecting person would not only want out, but need to get out, especially if hubby is unwilling or able to change his abusive ways.

I just want to know specifically what people do the drag out the process. When I here the word "court order" to me that communicates, "I am never going to get my money"

My ex owes me about $100,000k plus, but I decided to take the high road, and it made more sense to just have him out of our lives. Much happier that way. I can earn my own money anyway.

 

[Ohiogal]

The attorney forgot to tell her she would also get 50% of all debt as well as the assets. And spousal support is NOT a guarantee. It depends on how much money hubby makes and what the fixed expenses are.

 

[Tania123]

Thank you for your replies and for confirming what I thought to be true. I hope things work out for her and that none of this is even necessary.