If my ex-husband was ordered to pay me $350 per month until the sum of $30,000 is reached but has stopped, what leagal action can I take?

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If my ex-husband was ordered to pay me $350 per month until the sum of $30,000 is reached but has stopped, what leagal action can I take?

We divorced 5 years ago. This amount was based on equity in our marital home in which he still resides in, and at that time could not afford to pay me one lump sum. Today he informed me that he will no longer pay me that amount or any amount as far as that goes, as he can no longer afford to and the home is not currently worth what it was when we got divorced. Does he have any right to do this?

Asked on December 11, 2012 under Family Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, he does not have a legal right to do this, and you may go to court to enforce the order. However, practically, *if* he truly does not have the money or equity to pay you, you might not get anything: the law cannot make him pay what he does not have. So the issue is, can he pay, even if it is a burden or stretch for him--or is it the case that he truly cannot afford $350 per month?


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