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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117375
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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After my divorce in will county illinois my ex decided to

Customer Question

after my divorce in will county illinois my ex decided to try and find me in comptempt on an issue. the question I have it that the original fling of comtempt was goin gto be droppe dbecause she releized I wasnt in comptempt this trail was set for 1 month after he filing. upon learning about this her attoney decided at add another contempt issue. 12 days before the hearing date without me being able to respond
at the trial my attorny brought it up but the judge said the hearing on this this matter and the the first matter will be heard
I was found in contempt as evidence was not presented
any recourse do i appeal?
I undersatnd if found in contempt I am liable for her attoney fees but i never was able to mount a defense
any suggestions?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were not given an opportunity to provide a defense to allegations against you on an issue, then you have grounds to first file the motion for reconsideration with your evidence that refutes the second contempt charge and then appeal the contempt decision based on the denial of the meaningful due process. However, if you had 12 days notice, then your attorney should have brought evidence of the second set of contempt issues as well as the first issue. However, it is a basis for a motion to reconsider and ask the court to consider the evidence and argue the denial of meaningful due process for lack of notice and opportunity to provide a proper defense.
Customer: replied 1 year ago.
If found. In contempt. Of court but. It's being appealed In the contempt order an award. Of attorney fees was not part of the order I guess the other attorney can ask for it. If sucessful do I have pay those fees while the appeal process is on going ?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you are appealing the case, you would have to ask the court to stay the payment of the fees until the appeal is decided.
Customer: replied 1 year ago.
If a court order holds one in contempt in. Will county Illinois divorce case I understand the Other attorney can ask for fees
Several questions how long does one have to pay it or can be paid out over time
2 ) bbtcan one file for bankruptcy ?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, if a party is held to be in contempt, then the other party may ask for costs and attorney's fees.
You can seek to pay over time if the other party will allow it. They could seek to garnish wages or seize bank accounts to satisfy the debt. You can file bankruptcy to have that debt extinguished if you qualify for bankruptcy.
Customer: replied 1 year ago.
Can they seek sieze account that is an escrow account that is required for me to work ?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Escrow accounts are separate accounts held for a specific purpose so they are generally exempt from seizure.
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