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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16387
Experience:  Experienced Licensed Attorney
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I owe my divorce lawyer money. I lost my job. She froze my

Customer Question

I owe my divorce lawyer money. I lost my job. She froze my accounts and is taking everything and I don't know what to file!
Submitted: 1 month ago.
Category: Legal
Customer: replied 1 month ago.
We have court in the morning. I filled out a paupers petition.
Expert:  Alex J. Esq. replied 1 month ago.

Hello. My name is ***** *****

Thank you for your question.

I will be happy to provide you the information you are seeking for educational purposes only.

Do you have a legal question that I can answer for you about the situation you have described in your post?

Customer: replied 1 month ago.
I would assume that there would be a motion I could file to stop her from garnishing my wages on account that the money is mainly child support/alimony and she is taking literally every penny I have. I had $500 saved that I was planning on filing bankruptcy with that was not support/alimony.
Expert:  Alex J. Esq. replied 1 month ago.

Thank you for your follow up.

Are the funds that are being frozen / garnished come from the child support / alimony and can such be proved?

Customer: replied 1 month ago.
Some of them were a gift, that's the $500. There are some deposits from my ex husband. And the rest is child support. This all shows up on the bank statement
Customer: replied 1 month ago.
I have been in between jobs
Expert:  Alex J. Esq. replied 1 month ago.

Thank you for your follow up.

What is the total amount being garnished?

What is the amount of total personal assets that you have at this time, including any real estate property?

Was alimony from your ex-husband ordered by the court?

Customer: replied 1 month ago.
She has a judgment against me for $2743.05. The total about being garnished is $776.55. Yes the alimony as ordered by the court. I have no real estate property. My only asset is my minivan which is paid off.
Expert:  Alex J. Esq. replied 1 month ago.

Thank you for your follow up.

What is the market value of your minivan?

Also, is alimony only about $200 that was garnished?

Customer: replied 1 month ago.
The alimony/support that was in the account at the time was about $277.
Expert:  Alex J. Esq. replied 1 month ago.

What is the market value of your minivan?

Customer: replied 1 month ago.
$5000
Expert:  Alex J. Esq. replied 1 month ago.

Thank you for your follow up.

Unfortunately, while alimony is exempt from garnishment according to the Illinois law which can be found at the link below:

http://www.ilga.gov/legislation/ilcs/documents/073500050K12-1001.htm

Only, up to $4000 of all other assets that are not subject to specific exemption would be exempt, so generally, the judgment debtor would only be able to argue that alimony proceeds (with the proof that the money came from a court ordered alimony payment) would be subject to being returned to the judgment debtor and generally, the petition would be called Petition for Exemptions from the Garnishment Order.

I wish you the best of luck!

Customer: replied 1 month ago.
Do I have to wait for the order to be passed before I can submit a motion to vacate?
Expert:  Alex J. Esq. replied 1 month ago.

Thank you for your follow up.

I cannot tell you what to do or comment on your specific case, but generally, an oral objection to the garnishment order and also oral motion for the legal exemption to be excluded from the garnishment can be made during the court hearing, before the order is granted.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 1 month ago.

Also, there is a typo in the above answer and "Petition for the Exemptions from Garnishment" should be read as "Motion for the Exemptions From Garnishment"

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

Customer: replied 1 month ago.
Thank you!
Customer: replied 1 month ago.
Please give me a bit to process and then I will rate. It seems as though you have been very helpful!
Expert:  Alex J. Esq. replied 1 month ago.

Thank you for your kind words and please let me know if you have any related follow up questions.

Also, here is the link to the Illinois Legal Aid Society which you can contact for free or low cost legal service and at this link, their website has a lot of helpful detailed information related to the situations similar to yours:

https://www.illinoislegalaid.org/legal-information/defending-wage-and-non-wage-garnishments-lawyer-manual

I wish you the best of luck!