La Grange Park, IL asked in Divorce for Illinois

Q: I have a proveup in my MSA does my ex have to prove up for the whole year or only from the time the divorce was filed?

We just got divorced in September of 2019 there was no previous court order that required him to true up for his secondary employment. I was told by my attorney that he only has to true up from the date of the divorce until the end of the year. But I am unsure of this answer. Nothing about retro true up is mentioned in our MSA. MSA only says that he has to "true up for additonal income earned".

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3 Lawyer Answers
Robert B. Buchanan
Robert B. Buchanan
Answered
  • Chicago, IL
  • Licensed in Illinois

A: What specifically does your MSA say?

Robert B. Buchanan
Robert B. Buchanan
Answered
  • Chicago, IL
  • Licensed in Illinois

A: What specifically, verbatim, does your MSA say?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: I believe you are using incorrect phraseology. From the best I can determine, you should be saying "true up" instead of "prove up". Without knowing more facts from you, the true up would generally cover the entire year of 2019.

Marilyn Johnson agrees with this answer

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