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My ex husband is filing a petition to repay alimony from…

Customer Question
My ex husband is...

My ex husband is filing a petition to repay alimony from 2015. He emailed me and told me if I signed the petition to stop with-holding on his checks he would not. I told him I would not, and now I just received an email to come to court. My questions are: can he do that from two years ago because it was not in the final judgement? And also, is that a form of extortion as I have in email that he stated he would not petition me if I signed the papers?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Illinois

Lawyer's Assistant: Have you talked to a lawyer yet?

No, I just received it today.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Such as?

Submitted: 9 months ago.Category: Family Law
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Customer reply replied 9 months ago
The stop with-holding is in regards ***** ***** support as our daughter will turn 18 in two months. In addition, I had told him no as he was ordered to pay our oldest daughter 250 dollars per month for college and did not.
Answered in 47 minutes by:
8/1/2017
Family Lawyer: Asad Rahman, Lawyer replied 9 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2,429
Experience: Practicing Attorney with 10 years experience
Verified

I am sorry to hear that. He can ask you to sign an agreed order in lieu of having you go to court but I think what you need to do is file an enforcement action to have him pay what he was ordered to pay to your oldest daughter any other violations and schedule for the same hearing date he has requested.

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Customer reply replied 9 months ago
I'm not sure you answered my question. Can he petition me to pay money if it was not ordered in court two years? Is it extortion in the eyes of the law if he emailed and stated if I signed it he would but petition me to pay? And should I not be concerned that if I allowed with holding to stop by signing, that he would cease to pay that as well instead of just letting child support run its course?
Family Lawyer: Asad Rahman, Lawyer replied 9 months ago

No, he cannot petition something that was not court ordered. It is not extortion however. You are right to resist his request because if you stop the payroll withholding he will not likely pay.

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Category: Family Law
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