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Questions Answered by J. Richard Kulerski
1 Answer | Asked in Family Law and Divorce for Illinois on
Q: How could I get my annulment done free? I’ve been married for only 2 months and my state says that does matter

I’ve been married for two months and have went through physical and verbal abuse more than I have ever before went through. It is very unhealthy for my son to be around. I’m currently unemployed so I can’t afford much but I NEED out of this situation as fast as possible.

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 25, 2018

Contact the bar association in your county, and ask for their direction. Be aware, however, that you may not qualify for an annulment. Based on the few facts you have provided, you would probably be safer filing for a divorce.

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: Boyfriend moving in, can that change child support obligation.

If my boyfriend and his 2 children move in to my house with me and my kids, would my income be included when they compute his child support obligation to his ex wife for his children? She seems to think it will. Also, can my ex husband use my boyfriends income to recalculate what he owes me? My... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 22, 2018

The income of one's new spouse or live-in significant other cannot be used when determining child support obligations.

1 Answer | Asked in Divorce for Illinois on
Q: I will be the primary custodial parent for my child but i noticed in the marital agreement it says i will claim child

every other year and spouse every other. Is this typical to do?

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 16, 2018

Yes. Alternating years for child income tax exemptions is very, very commonly done. However, such exemptions were outlawed on January 1, 2018. We still use the terminology because the IRS will allow only the designated parent the child care tax credit. Talk to your accountant or tax preparer.

2 Answers | Asked in Divorce for Illinois on
Q: in marital statement it says both of us need to provide life insurance policy in specific amount. Is that mandatory

in Illinois?

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 15, 2018

Life insurance provisions appear in Marital Settlement Agreements to secure the payment of child support or maintenance. They are mandatory for the most part, but the amount of the death benefit can be negotiated.

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2 Answers | Asked in Bankruptcy, Divorce and Family Law for Illinois on
Q: How to get some help with Attorney Fees / Court Cost as an out of state respondent from OH. Divorce Petitioned in IL.

I am seeking some financial help and/or, Pro-Bono, or very low cost legal representation in a Divorce case filed against me in Lake county IL.

My husband left " for a new Job" one year ago, leaving our 11y,o daughter ( w/Autism) & me behind. It was our intention to join him... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 13, 2018

Contact the Lake County Bar Association in Waukegan, and explain your situation to them. They will point you in the right direction. Good luck.

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1 Answer | Asked in Arbitration / Mediation Law and Divorce for Illinois on
Q: What is the best method to file for uncontested divorce? Do you still take to a lawyer after a mediator?

Trying to determine least expensive method for getting a uncontested divorce. If my husband and I agree on terms should we use a mediator. I was told you must go through a lawyer to file even if you use a mediator.

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 1, 2018

Mediators assist people who have difficulty reaching an agreement. The two of you have already agreed on everything, so you don't need a mediator. All you need is for a lawyer to shepherd your settlement through the legal system.

1 Answer | Asked in Divorce for Illinois on
Q: My former husband wasn't working at the time the divorce was finalized so no maintenance was determined in court.

Now, a few years later we have agreed on an amount of maintenance that he will pay. Is it sufficient to just sign a document together and get it notarized or do we have to go before a judge? Thank you.

J. Richard Kulerski
J. Richard Kulerski
answered on Sep 20, 2018

Absolutely not. The obligation must be reduced to a court order in order to be enforceable, or in order for him to get the tax deduction. Remember, whatever he pays you must be claimed as income on your taxes. However, the deduction will no longer be allowed for all maintenance orders entered after... View More

1 Answer | Asked in Divorce for Illinois on
Q: Would a divorce finalized in Sept 2017 in Illinois ever be given the chance to move to the new IMDMA maintenance formula

With the new maintenance formula adjustments, it would change my maintenance order from 2.4 years to 1.6 years, so have to ask if there is anyway to move to the new formula if the divorce was finalized in Sept. 2017.

J. Richard Kulerski
J. Richard Kulerski
answered on Sep 18, 2018

You have asked a very good question, but I doubt if anyone can answer you authoritatively at this time. Not enough is known. Things should become clearer as January 1, 2019 draws nearer.

1 Answer | Asked in Divorce for Illinois on
Q: Is alimony supposed to be adjusted if one of the parties' incomes change? Or stick with the divorce agreement amount?

I was ordered to pay $1095/month based off of the IM&DA (2017) version. Our salaries have changed and if we calculated the amount I would need to pay based off of our new salaries, it would increase to $1616. My ex-wife claims she should get this amount now, but the divorce agreement was signed... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Sep 18, 2018

Unless your Judgment specifically provides for automatic yearly adjustments, you only have to pay the sum that is required in the Judgment. Without this language, it would be up to your ex to go back to court to seek a modification. Until then, you pay the amount in the Judgment.

1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: I got married and what is the protocol to relocate with my kids from my exhusband?

I got married. But I have three kids from previous marriage. What is the protocol to relocate? Can I move with my kids with my new husband? Can the court separate my husband and I if my kids father object the relocation? He has a family of his own as well. I am the custodian and its a joint... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Aug 13, 2018

Until a lawyer gets to know ALL of the facts of your situation, it is next to impossible to answer your question responsibly. Offhand, however, and based on the scant info you provided, I would say your chances are slim. You don't get an automatic right to move with your new husband. The... View More

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: Spouse is not paying court assigned maintenance. In Illinois, what is law regarding missed payments?
J. Richard Kulerski
J. Richard Kulerski
answered on Aug 13, 2018

When a payment is missed, a separate judgment is automatically entered against the obligor in the amount of the missed payment. These series of mini judgments have the same weight and enforceability as all judgments. They become final after 30 days. Most people seek to enforce them by taking the... View More

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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: can my ex object my relocation even though did not state in our divorce decree

I did not follow the guidelines. So my lawyer file the petition of my relocation do the right way. But I offered to drive both ways to avoid him to commute. And the judge denied my relocation. I use to live in des plaines. I did not know the protocol. I did notified him verbally and email a month... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Aug 10, 2018

I don't quite understand the facts of your situation, but if you moved the kids more than 25 miles, you needed to do it properly. It sounds like you did not follow the law. If that is the case, the judge was obligated to deny your relocation.

1 Answer | Asked in Contracts and Divorce for Illinois on
Q: Does Illinois have a Free Trade Agreement, allowing one party to buy a house while separated, with proper signatures?

I am referring to just being separated, rather than actually divorced, as I know the divorce process can take some time. we have agreed to sell our current house before officially filing, and I was hoping I could look into buying another on my own.

J. Richard Kulerski
J. Richard Kulerski
answered on Aug 1, 2018

You can definitely buy another home while separated or during the pendency of a divorce. It will be deemed to be marital property unless you and your spouse agree that it will be just yours.

1 Answer | Asked in Divorce for Illinois on
Q: I need to issue an subpoena in a divorce case for financial records. After I complete the form, I would e file correct?
J. Richard Kulerski
J. Richard Kulerski
answered on Jul 24, 2018

That's not the first thing. You must serve the subpoena on the person from whom you want the records by registered mail with restricted delivery to that person, and pay him or her the statutory mileage fees. Then, serve the other side with a copy of the subpoena. Be sure to file a Notice of... View More

2 Answers | Asked in Divorce for Illinois on
Q: I'm required by court to pay half boys insurance. If I have insurance now do I still have to pay my ex half of hers
J. Richard Kulerski
J. Richard Kulerski
answered on Jul 23, 2018

No, you do not have to pay any of your ex's health insurance premiums unless your Judgment for Dissolution specifically requires you to do so. Upon divorce, your insurance contract automatically disqualifies your wife from coverage under your policy.

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1 Answer | Asked in Divorce for Illinois on
Q: How long does the divorce process normally take if you have minimal assets?
J. Richard Kulerski
J. Richard Kulerski
answered on Jul 14, 2018

It all depends upon the county, whether or not lawyers are involved, the motivation of both parties to divorce, the skill of the participants in knowing how to process a case expeditiously, and whether or not there are any issues in the case itself. Just because there are minimal assets does not... View More

1 Answer | Asked in Divorce for Illinois on
Q: What form(s) do I need to to change maintenance that I pay to my ex? Do I just file it, or need a court date?

I did not have a lawyer for the divorce, feel I can file this without a lawyer.

J. Richard Kulerski
J. Richard Kulerski
answered on Jul 12, 2018

There are no forms for this type of post-judgment matter. You must hand craft a Petition to Modify your Judgment, and allege and prove that a substantial change of circumstance has occurred since entry of the last Maintenance Order. When you file the Petition, you will be given a court date, and... View More

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: How do I calculate my financial responsible for 1/2 of minor child's medical expenses?

Facts:

• My child is 17 and lives in Illinois

• My ex’s insurance plan covers our minor child, plus my ex and our adult child

• Per my marital settlement agreement, I am responsible for paying ½ of my child’s medical expenses based on an insurance deductible of... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Jul 11, 2018

I don't believe there is a clear answer to your very interesting questions. I am unaware of any case law covering this issue. The answer could lie in the exact wording in your judgment. If that doesn't help, then logic might apply. In any event, it will be up to the judge, and he/she... View More

1 Answer | Asked in Child Support, Divorce, Family Law and Child Custody for Illinois on
Q: Divorced 5 years ago in Illinois Havent received child support in that time. I want to move out of state.

I have sole custody. However I am not allowed to move out of state.(want to move to Iowa. 60 miles away. My ex refuses to even attempt to get a job to help pay for our son. What are my options?

J. Richard Kulerski
J. Richard Kulerski
answered on Jul 10, 2018

File a two count post judgment petition in the county where you were divorced. The first petition is for removal of the child to another state. You can move up to 50 miles legally, and the judge is not likely to rule against you because of the extra 10 miles. The second petition is for contempt... View More

2 Answers | Asked in Divorce for Illinois on
Q: I received notice of a hearing regarding a post divorce issue. Do I need to file an appearance?

I cant afford a lawyer, but don't qualify for aid. Can I just show up?

J. Richard Kulerski
J. Richard Kulerski
answered on Jul 10, 2018

Technically, you don't have to file an Appearance because you are already of record. However, this type of Appearance is free (if you filed one in the case in-chief), so I would recommend doing so, especially if you have moved or have a new phone number.

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