Correcting Divorce Judgment Errors

Summary

If you believe there are errors in your divorce judgment in Illinois, you can file a Motion to Reconsider or appeal the decision. If you cant afford a court-ordered CPA, request a modification. For unaffordable maintenance, file a motion to modify. Non-payment of court-ordered maintenance can lead to contempt of court and possible jail time. Contractor payments can be garnished. To amend incorrect testimony, file a motion or appeal. You can request detailed legal invoices through the court. Public access to courtrooms can be restricted by judges. Obtain physical copies of court documents from the Clerks Office. Filing a Motion to Reconsider can be done without an attorney, but legal counsel is recommended. Judges can order attorney fees from retirement accounts and mandate specific tax accountants. Non-compliance with court orders can result in fines or jail time.

Full Conversation

I am in illinois is that pertinent to your answers?
Yes, Marc. The legal information I provide is often specific to certain states due to different state laws. Knowing that you're in Illinois helps me offer more accurate guidance. Could you please tell me more about your legal concern?
I had a divorce trial, and judgement by the judge has been issued. There are many mistakes in the judgement. what are my options to fight this AFTER TRIAL?
Hello Marc, you have two main options in Illinois:
*. File a Motion to Reconsider: This asks the judge to correct errors in the judgment.
*. Appeal the decision: This involves a higher court reviewing the judgment.
Please consult with a lawyer to discuss these options further.
I was ordered by the judge pay for a CPA/Lawyer TAX ACCOUNTANT to do my taxes. I cannot afford the rate of this accountant. what are my options?
Hello Marc, in Illinois, if you are unable to afford a court-ordered CPA, you may:
*. Request for a modification of the court order
*. Consult with free or low-cost legal aid services
*. Seek the services of a less expensive accountant
Please consult with a lawyer to discuss these options.
i was ordered to pay maintenance which I clearly cannot afford. How is it possible for a judge to order maintenance which is beyond the means of a man to pay it?
Hello Marc, in Illinois, maintenance orders are based on many factors, including both spouses' income and needs. If you cannot afford the ordered amount, you can:
*. File a motion to modify the maintenance order
*. Appeal the decision
Consult with a lawyer for guidance.
can a man be placed in jail or arrested for not paying court ordered maintenance?
Hello Marc, in Illinois, if you fail to pay court-ordered maintenance, you could potentially face consequences, including:
*. Contempt of court, which can lead to jail time
*. Wage garnishment
*. Seizure of property or assets
It's crucial to seek legal counsel if you're struggling to meet these payments.
what options does a court have to garnish wages if there are no wages, but only contractor payments?
Hello Marc, in Illinois, if you're a contractor, your earnings can still be garnished. Courts can:
*. Order a portion of your accounts receivable to be paid directly to the court.
*. Garnish payments from customers.
*. Seize funds from your business account.
Consult with a lawyer for further advice.
During trial I mis-spoke and claimed that I did not have a physical loan agreement on paper. How can my testimony be amended?
Hello Marc, in Illinois, you might be able to:
*. File a motion to correct your testimony.
*. Appeal the decision, highlighting the incorrect testimony as a critical error.
*. Consult an attorney to discuss the best course of action.
Please remember, legal advice should be sought from a professional attorney.
During the course of my divorce up to and including trial, i was ordered to pay legal fees of my spouse. I have asked for copies of invoices and I have been told that I have no right to see invoices of opposing counsel which I am required to pay. Is this legal?
Hello Marc, in Illinois, there's no clear-cut rule requiring disclosure of detailed legal invoices. However, you can:
*. Request a detailed breakdown of fees through the court.
*. File a motion contesting the fees.
*. Consult with an attorney for advice.
Legal advice should always be sought from a professional attorney.
During my trial, I had one person that was kicked out of the courtroom for no discernible reason. I was under the impression that a divorce trial was a public hearing. Were my constitutional rights negated?
Hello Marc, in Illinois, generally court proceedings are public. However, judges have discretion to restrict courtroom access if necessary for justice. If you believe your rights were violated, you can:
*. Consult an attorney.
*. File a complaint or appeal.
*. Seek a review of the court's decision.
Please always consult with a lawyer for professional advice.
how common is it in illinois for someone to be jailed for contempt of court in a divorce case/
While it's not common, in Illinois, individuals can be jailed for contempt of court in divorce cases if they repeatedly fail to comply with court orders. This typically happens in cases of unpaid child support or alimony. Always consult with a lawyer about your specific situation.
how common is it for individuals to be jailed for failing to abide by court ordered maintenance?
While exact statistics are not readily available, it's important to note that in Illinois, failing to comply with court-ordered maintenance can potentially lead to jail time, especially in repeated cases of non-compliance. This is considered contempt of court. Always consult with a lawyer for guidance.
in cook county, illinois how does one get physical copies of motions and orders from the courthouse?
In Cook County, Illinois, you can obtain physical copies of motions and orders by:
*. Visiting the Clerk's Office at the courthouse where your case was heard.
*. Request copies of the documents you need.
*. Pay a fee for each page of the documents.
Please consult the Cook County Clerk's Office for more details.
what is the fee for copies of documents at the cook county courthouse?
In Cook County, Illinois, the fee for photocopying documents is generally $*.* for the first page and $*.* for each additional page. However, fees may vary so it's advisable to contact the Cook County Clerk's office for the most accurate information.
during the course of my 4 year divorce, a new judge was assigned at the last minute to my case with no knowledge of the case. The trial was held with the new judge. is there anyway to get the old judge back?
In Illinois, it's typically not possible to request a specific judge. Judges are assigned by the court system. However, if you believe the judge's unfamiliarity with your case led to an unfair decision, you can:
*. File a motion to reconsider.
*. Appeal the decision.
Please consult with your lawyer about these options.
please list twenty five effective legal arguments to file a motion to reconsider a judgement
In Illinois, here are * legal arguments to consider for a Motion to Reconsider a judgment:
*. New evidence has come to light.
*. A procedural error occurred during the trial.
*. The evidence presented was insufficient to support the judgment.
*. The court misinterpreted the law.
*. The court overlooked crucial evidence.
*. There was an error in the calculation of alimony or child support.
*. The court failed to consider the financial resources of the parties.
*. The court did not properly weigh the best interests of the child.
*. The court did not properly consider the mental or physical health of the parties.
*. Inaccurate testimony was provided.
*. The court didn't give proper consideration to the length of the marriage.
*. The court didn't consider the standard of living during the marriage.
*. The court didn't consider the age, health, and skills of both parties.
*. The court didn't consider the needs of each party.
*. The court didn't consider the present and future earning capacity of each party.
*. The court didn't consider the impairment of the earning ability of the party seeking maintenance due to marital responsibilities.
*. The court didn't consider the time necessary for the party seeking maintenance
can a civilian file a motion to reconsider, without the aid of his attorney?
Yes, Marc. In Illinois, a civilian can file a Motion to Reconsider without an attorney. However, the legal process can be complex, so it's advisable to seek legal counsel to ensure you're following all necessary procedures and presenting the strongest possible argument.
If I have an attorney that has failed to properly represent me during trial, can I file a motion to reconsider myself and still keep the attorney as my own?
Yes, Marc. In Illinois, you can file a Motion to Reconsider yourself and maintain your current attorney. However, it's crucial to have a conversation with your attorney about your concerns and intentions. Remember, legal proceedings can be complex and having professional guidance is often beneficial.
How would a civilian go about filing a motion to reconsider?
In Illinois, to file a Motion to Reconsider:
*. Draft the motion, outlining the reasons for reconsideration.
*. File the motion at the courthouse where your case was heard.
*. Serve the motion to the opposing party.
*. Schedule and attend a hearing.
Always consult with a lawyer for guidance.
is there a template to follow to file a motion to reconsider?
Yes, Marc. Illinois legal forms, including a template for a Motion to Reconsider, can often be found online or at the courthouse. These templates provide a format to follow but should be tailored to your specific situation. Always consult with a lawyer when preparing legal documents.
how often does a motion to reconsider with a judge cause the same judge to reconsider?
In Illinois, the success of a Motion to Reconsider depends on the specific circumstances of the case and the arguments presented. There's no guarantee the same judge will change their decision. Consult with a lawyer for tailored advice.
during trial the judge ordered attorney fees to be paid from a withdrawal from a retirement account. was this legal?
In Illinois, a judge can order attorney fees to be paid from various sources, including a retirement account. However, the specifics can depend on the terms of the retirement account and the details of the court order. Consult with a lawyer for personalized advice.
can a court force someone to use a specific tax accountant to file taxes?
In Illinois, a court can order parties to use specific professionals, including tax accountants, especially in complex financial situations. However, inability to afford the professional should be communicated to the court. Consult with a lawyer for detailed advice.
how does one communicate with the court that a court ordered accountant is too expensive.
In Illinois, to communicate that a court-ordered accountant is too expensive, you can:
*. File a motion with the court outlining your financial limitations.
*. Request that the court order be modified due to financial hardship.
*. Consult a lawyer for guidance.
Remember to provide concrete evidence of your financial situation.
a judgment was issued on May *, I have already missed deadlines to provide requested information. How likely am I to be found in contempt and jailed?
In Illinois, failing to comply with court orders can lead to a contempt of court charge, which may result in jail time. However, the likelihood depends on the specifics of your case, the nature of the information requested, and how the court views your non-compliance. It's crucial to consult with a lawyer immediately.
What is is amount of a fine that the court can levy for contempt in a divorce trial
In Illinois, the exact amount of a fine for contempt in a divorce trial can vary depending on the specifics of the case. The judge has discretion in setting the amount. However, fines can be substantial and are often used to compel compliance with court orders. Always consult with a lawyer for advice on your situation.
can a judge order a divorced couple to divide the contents of a storage locker and demand no witnesses be involved?
Yes, in Illinois, a judge can order a divorced couple to divide the contents of a storage locker. The judge also has discretion to limit the presence of witnesses during this process if deemed necessary. Always consult with a lawyer for personalized advice.