Monday, December 1, 2008

Divorce: post dissolution injunction

Post Dissolution of marriage - divorce case.
Court can order pension to be turned over to ex-spouse, even if that person moved out of the country.

In re Marriage of Winter, No. 1-07-0619 (November 24, 2008) 1st div. (Garcia) Affirmed in part, reversed in part.
On interlocutory appeal, when former husband was located in England, where he is a permanent resident and beyond the contempt powers of the court, the trial court properly exercised its powers of equity when, after final judgment of dissolution of marriage awarding a portion of husband's teacher's pension to wife, husband refused to execute QUILDRO, and was receiving entire annuity, it imposed constructive trust on the pension payments, named husband's attorney as Trustee, enjoined Pension Fund from making any further payments directly to husband, and directed that husband's attorney receive payments and hold proceeds in his IOLTA account. However, it exceeded its authority when it directed that payments be made payable to attorney.

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