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  • emilar
    started a topic A couple questions. Illinois

    A couple questions. Illinois

    1. If worker's comp was started before judgment and hid from the court, is it marital property?

    2. If the family lawyer knew it was started before judgment, asked for a reconsideration and deviation in child support and argued the standard deductions in that reconsideration(taxes,union dues,etc) pretending he was working and got a deviation, isn't that fraud and perjury? Keep in mind, the lawyer listed in her fee petition that she learned of and researched the workers comp before that reconsideration and never made it known to the court that he was receiving tax free benefits and able to support the child fully. If that is fraud or perjury, does it toll the statute of limitations? And isn't that state benefit fraud? The ex worked for the state of Illinois.

    3. This is my last one,sorry so long. If my ex was terminated from the state after he received a huge settlement,what happens to his pension? Is it given to him too? Or does he have to wait til he's 65 to collect,that what he is telling me. By the way, the ex received his settlement and left the state with it,leaving no forwarding address where he could be served. I have no idea what to file to stop him from spending it all if it's marital property or funds that should have been used for full support of our child. I am disabled and have limited funds.

    I am going to post this in child support too-as it is a crossover issue. I love this forum by the way.

  • emilar
    replied
    a couple questions

    You are very welcome and deserving cbg.

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  • cbg
    replied
    Thanks, emilar

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  • emilar
    replied
    a couple questions

    Thanks marketeer, I just found out my lawyer who did the QDRO did not file it because my ex refused to sign it. See what I have been going through. I give up, I really do. He used all our assets against us and I guess that's how it goes. I really do respect this forum, not just this section, but all of them. The moderators are respectful and always very helpful. I cringe when people get belligerent over the answers given them.

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  • Marketeer
    replied
    If you have a QDRO and it's been filed with the state pension board, the funds to which you are entitled should have been transferred to separate account in your name.

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  • emilar
    replied
    a couple questions

    Just one more thing...If his lawyer did all this stuff and if it's unethical or criminal, could I sue her for my house? Thanks guys...I know I'm a pain.

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  • emilar
    replied
    a couple questions

    I do have a QDRO,that's why I'm asking if he could make off with those funds too.

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  • emilar
    replied
    a couple questions

    He was getting paid 80% of his wages.Let me give you some background here. He worked for the highway department and made 5,000 a month before taxes. As soon as I filed for divorce and the judge set his child support at $800, he went out on a non occupational disability that only paid 50%. The judge set his support at $400 until he went back to work. As soon as he returned to work,instead of notifying the courts,he started refinancing all our marital vehicles and taking loans out to take trips with his girlfriend. We didn't know because he beat our girl up and that's what he got taken out of the home for. By the time the trial came about, he was only clearing $500 every 2 weeks. His lawyer failed to tell the courts he was making these extraordinary expenses or that he had returned to work. As soon as the court took it under advisement and it looked like he was going to have to pay anyway,he went out on workers comp,where he was clearing $3600 a month tax free, plus a veterans disability of $420. That's why he didn't tell the court again that his status had changed. His lawyer never said a word either. In her reconsideration petition, she said he was working, clearing $1000 a month after all his deductions, and wanted to pay only $100 a month child support for this battered child. She got a deviation to $500 a month retroactive to when he went back to work the first time,which was in 2006, this was in 2008. Since she got the deviation, she kept quiet about the workers comp.She asked the court to let her out after that hearing. It had been continued with the court asking for proof of all his deductions. Her final entry on her billing statement was "asked client for proof of deductions", but the judge wouldn't let her out. I had gone to CSE by then (BIG MISTAKE)and every court hearing with the states attorney, she refused to go with him.But she was right there defending her deviation petition and still maintained he was working making a $1000 a month.

    This guy is an insurance companies nightmare. We never had a policy he didn't make a claim on, house, auto, whatever. While the divorce was going on he was sueing some lady for rear ending him. He said his left side of his neck and back was injured, she barely tapped him. When he went on workers comp, he told them he was alone changing an abandoned vehicles tire, when the lug wrench slipped and hurt only his right side neck and back. How does that happen. He never ha a job that he didn't claim workers comp either,this was the third time for the state, and every time he was alone when it happened. He had the civil suit going on from 2004 to 2008. A doctor who examined him for that case, said outright that he could not be hurt as bad as he was saying and that his pain couldn't jump from one side to the other and if it did, he was no longer injured as far as the car wreck and he highly doubted he was injured in the workers comp case. Of course he lost that case. All the time, both cases were going on,the workers comp and the wreck, he was out playing golf,riding his harley to Florida,and pulling the harley on a trailer behind his new truck to New Orleans. That's a twelve hour trip from here. I told workers comp when I found out, and he immediately,within days, jumped on vocational rehab. That was five years he got the taxpayers of Illinois for over $30,000 a year and a settlement for $150,000. His new wife had already ditched him. As soon as he got the settlement he filed for bankruptcy,had his new $30,000 sports car shipped to Gatlinburg and flew down there himself. Workers comp here had changed the law about telling the person that they are investigating them. So he took off to Tennessee with his new set of golf clubs in tow. I know this because our daughter told me. Does any of this sound like a totally disabled man on his right side back and shoulder?And his final words to our daughter were it was her fault we lost our home and that we got divorced. Nice guy huh ? He told her he owed her nothing in support and she didn't deserve what the court had ordered.

    I also need to say he worked for CSE before he went to IDOT and had a lot of friends there. That was my big mistake going there. If it was only me he owed, I would write it off as good riddance. But I have been forced to watch our daughter suffer too, and it's almost unbearable sometimes. CSE says they have no pay records of this account at all,and can't register it with the courts because all the records have disappeared even though he was still paying maintenance.

    The cite I am relying on for the workers comp is IRMO Derosset. The one I am relying on for state benefit fraud is People vs Larry Keith Brown. Sorry so long.
    Last edited by emilar; 04-26-2013, 11:18 AM.

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  • HRinMA
    replied
    Worker's comp isn't 100% of wages. So while it was tax free, it wasn't his normal wages. He also would have been paying union dues while injured.

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  • Marketeer
    replied
    Depending on the circumstances that led to his leaving State employment, it's quite possible that he does have to wait until he's age 65 to collect any pension benefits. No one here has enough information to make an informed statement about his eligibility. The Illinois state pension system is notoriously under-funded and a number of pieces of legislation are pending to reform it which may impact how and when benefits are delivered.

    If you are divorced, your attorney should have sought at QDRO to ensure you received the portion of his pension to which you were entitled.

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  • Betty3
    replied
    Note my reply under your other thread/post - it has been made a duplicate. All replies will be posted here.

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