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Questions Answered by J. Richard Kulerski
1 Answer | Asked in Divorce for Illinois on
Q: If my wife puts jointly earned money into an inheritance trust does that make the entire trust joint?

My wife inherited $1.5M and has put the proceeds into an account with only her name on it. My wife received an email from the attorney who divided the money between her siblings telling her she will receive an additional $50K. The email states the added money is compensation for leaving her job and... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Jun 29, 2018

It sounds like a good case could be made for the $50,000 being marital property. However, if she combined the $50,000 with her actual inheritance, the entire account would not be deemed to be marital property.

1 Answer | Asked in Contracts, Divorce and Family Law for Illinois on
Q: In Illinois, is a contract (marriage) void or voidable if it violates an injunction/court order?
J. Richard Kulerski
J. Richard Kulerski
answered on Jun 19, 2018

Please be specific. How can a marriage possibly violate a court order?

1 Answer | Asked in Divorce for Illinois on
Q: How does one ex-spouse filing for bankruptcy after a divorce affect any division of marital property?
J. Richard Kulerski
J. Richard Kulerski
answered on Jun 12, 2018

Do not expect a competent answer to your question from a Forum such as this. You need to sit down in person with a knowledgeable divorce attorney who also is conversant with Bankruptcy law. Explain all the facts and property divisions to him or her. This is your best shot at getting the answer you... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Q: Will I have to pay more spousal support because ex now has custody of 2 of our grandchildren ?

Before divorce had my adult children and grand kids living with us. Kicked my 33 yr old son out . Long story short my son and girlfriend lost custody of kids , my ex wife left and got an apartment and filed for a divorce . And finally got temporary custody of grand kids . Now I have been paying... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Jun 3, 2018

Most likely not. There is no law to support her being entitled to more spousal support because she chooses to contribute to the expenses of someone else's children.

2 Answers | Asked in Divorce and Social Security for Illinois on
Q: husband filed before 9th anniv. & divorce is final after 10 year, will I be able to get his social security benefits?
J. Richard Kulerski
J. Richard Kulerski
answered on May 31, 2018

If you are married to him for 10 years, you will be entitled to your rightful share of his social security payments.

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2 Answers | Asked in Divorce for Illinois on
Q: Married 30 years. High School education . Stayed home and raised kids . Am I likely to get maintenance?

Mutual decision that I would stay home and raise children .They are now gone . I am afraid that I am too old at 57 and with just a high school education that I can not support myself

J. Richard Kulerski
J. Richard Kulerski
answered on May 21, 2018

Yes, you should be entitled to receive maintenance. Without knowing more of your specific facts, the applicable statute in IL provides that you are to receive 30% of your husband's gross income, minus 20% of yours. However, what you receive in maintenance and from your employment income cannot... View More

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2 Answers | Asked in Divorce for Illinois on
Q: I bought my house thru the VA while married but my spouse was not included in the process. Is she entitled to any part?
J. Richard Kulerski
J. Richard Kulerski
answered on May 20, 2018

Yes, she is. Your home was purchased during the marriage, and that makes it a marital asset. As such, it is subject to division at the time of divorce. Did you make the down payment or any house payments with earnings that were acquired during the marriage?

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1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: I divorced in 2011. MSA says residential parent responsible for school (public) fees (Illinois).

Debt collector is now requesting payment for me for fees left unpaid since the divorce. The children all resided with their mother as the residential parent throughout this time. Am I responsible for these fees regardless of what the marital settlement agreement says? I feel like I'm being... View More

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

You are not alone. Many people misunderstand this type of situation. You divorced your ex; you did not divorce the school district. All the divorce court can do is determine the rights and obligations that exist between you and your ex spouse. The court is not empowered to limit the school's... View More

2 Answers | Asked in Divorce for Illinois on
Q: Do I have any rights to a vehicle we bought when we were married both our names We bought it with his Inheritance

My husband and I have been separated for over year. We bought a vehicle with his inheritance when we were together do I have to return it to him

J. Richard Kulerski
J. Richard Kulerski
answered on May 19, 2018

When he put your name on title to the car, he made the car a marital asset. As such, you are entitled to your equitable share of its value - presumably 50%.

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1 Answer | Asked in Divorce for Illinois on
Q: How often would an appellate judge overturn a judgment in a divorce case

Wife received additional money from spouse 457b Plan because divorce took away FREE retiree medical coverage. Wife has Parkinson’s disease and unable to work. 30 year marriage and husband is appealing.

J. Richard Kulerski
J. Richard Kulerski
answered on May 17, 2018

The Appellate courts rarely overturn divorce judgments. It has to be a clear abuse of discretion on the part of the trial judge, and it is very difficult to establish this. The trial judge's decision has to be almost shockingly bad.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: I was granted maintenance when my divorce was final in may 2017. My ex is taking me to court to stop paying

maintance and repay it because in February he found out I was living with my boyfriend (use to be my dads house). We have 2 kids together and if we weren't living here the only place we would have to go is AZ to live with my mother. Can he stop the payment of maintenance and get... View More

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

He not only can stop paying the maintenance, he is entitled to full reimbursement of all maintenance sums he paid to you going back to the date he can prove you started living together with your boyfriend on a continuing conjugal basis. This is true except if, for some reason, the wording in your... View More

2 Answers | Asked in Divorce for Illinois on
Q: Is this technically an alimony payment?

I just was divorced a few weeks ago. I was given sole responsibility of the mortgage. We are in the process of moving the mortgage account over to just my name. However, he made a payment to the mortgage and he is claiming this is his first payment for the alimony. Our contract doesn't say he... View More

J. Richard Kulerski
J. Richard Kulerski
answered on May 3, 2018

I cannot speak for the IRS, but I doubt if he would be able to deduct alimony paid in this fashion without it specifically saying so in your Judgment. It is allowable under certain circumstances, but I do not believe they apply in your case as you have described it.

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1 Answer | Asked in Divorce for Illinois on
Q: Does an alimony payment need to go in an account we don't share?

We just got divorced about a week ago. We are in the process of him moving out and completely separating accounts. I am going to be receiving payments and i want to make sure if the payments need to go in an account we dont share or if payments can start immediately as stated in our contract.

J. Richard Kulerski
J. Richard Kulerski
answered on May 3, 2018

You really should not be sharing an account with an ex spouse. It could lead to problems. The most important thing, of course, is to get paid. The next thing is to be sure that what you got paid does not get mixed up with funds that he has access to.

1 Answer | Asked in Divorce for Illinois on
Q: I place my husband in a nursing home.He is 56/alzhemiers.I want a divorce and wonder how to go about it.Thank you

I owned my home before marriage,,and no essents! Wondering the cost

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

Consult in person with a divorce lawyer about getting a Guardian appointed for your husband. Your husband is incompetent, and divorcing him may be iffy. but it must be done properly.

1 Answer | Asked in Divorce for Illinois on
Q: We've been separated for over a year. We have no contacted. I want a divorce but I don't know how to serve him.

Is there a way I can divorce him?

J. Richard Kulerski
J. Richard Kulerski
answered on Apr 30, 2018

Yes, you can serve him by publication. I suggest you hire a lawyer to explain this to you, and to represent you in the process.

1 Answer | Asked in Divorce for Illinois on
Q: I have 50/50 joint custody. I receive child support. Ex lost his job. Can he take me back to court and make me pay him?

Meaning can he take me back to court and make me pay him child support? I live in Illinois.

J. Richard Kulerski
J. Richard Kulerski
answered on Apr 29, 2018

Yes, he may be able to do just that. It depends on your facts, but the new child support law WILL apply to your case because you have a substantial change of circumstance. Our new law requires both parents to pay child support on an income shares basis.

2 Answers | Asked in Divorce for Illinois on
Q: Is Ex entitled to any of my medical malpractice settlement?

Divorced in Sept of 2017....previously filed a medical malpractice suit in 2014...I am the injured party...ex was named as co-plaintiff as we were still married at the time of filing....now that we're divorced is he entitled to any of my settlement?

J. Richard Kulerski
J. Richard Kulerski
answered on Apr 28, 2018

Unless your Judgment provides otherwise, he is not entitled to any of YOUR settlement. However, he may be entitled to HIS claim for loss of consortium, which should not affect the amount you get. You might check this out with Justia's personal injury attorneys.

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1 Answer | Asked in Divorce for Illinois on
Q: I am contemplating a divorce in IL and was wondering about a few questions. I've been married for 2 yrs and need to

know my legal rights as far as separation of finances and property. I sold my condo and my car and moved to another town. My husband funded our home solely but both our names are on the deed. He owns a business that he had before marrying. I have been receiving a paycheck for the last 2 yrs by... View More

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

Your question is difficult to answer responsibly without the benefit of a personal consultation where all of your facts can be determined. However, and generally, you have a valid claim for 50% of the house, for 50% of all accounts that were funded with marital earnings (no matter in whose name... View More

1 Answer | Asked in Divorce for Illinois on
Q: 2 weeks ago I found mortgage documents, deed, then a quit claim deed transferring property by my husband after I filed

I was totally unaware of this property transaction. It shows my spouse and a family member as joint tenants in a mortgage taken in 11/13. Then I found a quit claim deed showing my husband conveying the property to the family member on 6/3/16 less than 2 months after I filed for divorce. I have... View More

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

Only your attorney knows all of the facts, and only he or she is in a position to give you a responsible answer. However, and just off-hand, I might say that this may not be a dissipation situation. It sounds as though it may be more like the relative is holding your spouse's interest in a... View More

1 Answer | Asked in Divorce for Illinois on
Q: I was divorced in 2017 after 32 years of marriage. Can my permanent maintenance be taken away after myhusband retires?

We have 3 children, all unmarried and in college. I am a stay at home mom and only worked part time after having children.

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

Your maintenance entitlement is based on earnings. When his earnings get reduced, so will your maintenance. However, this answer is based on only the information you have provided. He may have other income, e.g., pension, dividends, interest, 401K, etc.

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