Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Ray Choudhry
1 Answer | Asked in Child Support for Illinois on
Q: Does F MLA defer child support in Illinois? I'm on leave for a mental illness I need to know if and what I need to do?

I live in MO, have a child support order in IL, does the FMLA defer child support?? Or am I still responsible while on leave (for a mental illness)??

Ray Choudhry
Ray Choudhry
answered on Feb 21, 2019

If your income goes down without your fault, you have a right to petition the court for a reduction.

1 Answer | Asked in Child Support for Illinois on
Q: I have full custody of two children and do not receive support, would this effect what I have to pay on my third child?

I have had custody of my older two children for 8 years, in that time I have never received child support. I am being taken to court for my youngest child whom I do not have custody of, how can I Ensure that I have enough money to support the two I have at home and it be fair to the other parent of... View More

Ray Choudhry
Ray Choudhry
answered on Feb 19, 2019

Click on the 4th link from the top on this page. It is an Illinois Child Support Estimator.

It takes into account different children from different relationships.

https://midamericalawoffice.com/child-support/

1 Answer | Asked in Divorce, Employment Law and Family Law for Illinois on
Q: Can I sue for lost wages for providing primary care for a child that is not mine, biologically or legally?
Ray Choudhry
Ray Choudhry
answered on Feb 19, 2019

To get wages, you have to be employed by someone with an agreed wage and conditions of employment.

1 Answer | Asked in Family Law for Illinois on
Q: What rights do I have to accounts that were accrued during my six year marriage if my name isn't on anything.

Controlling husband never put me on the bank account, just gave me money. I haven't worked in two years because I have been redoing our home room by room gutting it out. He bought the house 6 months before we were married. I picked it out but my name isn't on it. He has 750k in... View More

Ray Choudhry
Ray Choudhry
answered on Feb 18, 2019

First, in the event of a divorce, you will have a right to see all of this financial information.

In Illinois, he and you will have to file financial affidavits which list and describe all assets and liabilities.

In addition, you have a right to discovery which can include getting...
View More

2 Answers | Asked in Family Law for Illinois on
Q: I was under-age when I got pregnant, I am 18 now, if I took the father to court for child support, what would happen?

I was 17 at the time, the father was 25.

Ray Choudhry
Ray Choudhry
answered on Feb 12, 2019

While you were underage, your parents had to act on your behalf.

Now you can file court proceedings yourself.

It's called a Parentage Petition.

The judge will decide on a parenting plan and amount of child support.

There may a child support recovery office close...
View More

View More Answers

1 Answer | Asked in Real Estate Law for Illinois on
Q: My ex and I are both on the title to a home - he alone is on the mortgage. Home is in foreclosure. Am I responsible?

My ex refinanced the mortgage without me, now the home is in foreclosure. Can I be held responsible for anything since I am not on the mortgage? He filed for bankruptcy protection, but I have not, not do I want to file. I have received a summons, but I live 1,000 miles away and cannot afford to go... View More

Ray Choudhry
Ray Choudhry
answered on Feb 11, 2019

Take a look at the foreclosure complaint that was attached to the summons.

Does it ask for a personal deficiency against you.

2 Answers | Asked in Divorce and Real Estate Law for Illinois on
Q: After divorce, my ex still owns a portion of the house. Now, I'm selling. Do I get all the principal I paid back?

He'll get a portion of the proceeds, but does my principal come off before that?

Sorry should have added some further details - the MSA says: For purposes of this agreement, the division of proceeds from the sale of the Marital Residence is based upon a sales price of $xx and a... View More

Ray Choudhry
Ray Choudhry
answered on Feb 8, 2019

Read the divorce papers. He gets what they say he gets.

Don't forget a person living in the house and making payments is also living in the other persons home rent free.

View More Answers

1 Answer | Asked in Family Law for Illinois on
Q: My husbands ex will not allow his visitation per the court order. We live out of state and child not allowed in our car.

His ex wife will only agree to supervised visitation at her convenience because he was in a minor auto accident three years ago. She has asked that before each visit he completes a hair folic drug test in Arkansas (13 hours away from us) wait in town for results then we can have a visit. This is... View More

Ray Choudhry
Ray Choudhry
answered on Feb 8, 2019

What does the parenting plan say.

If she is in violation, then a contempt case can be filed.

He can also, file a petition to amend the parenting plan to give the extended week or 2 weeks visits because of the distance.

On this page, click the parenting plan to see what it...
View More

1 Answer | Asked in Family Law for Illinois on
Q: is will prior to marriage still valid if not changed afterwards?

house, kids when they tried to sell they needed my signature why?

Ray Choudhry
Ray Choudhry
answered on Feb 4, 2019

Under Illinois Law, a widow or widower has rights.

These include one-third of the estate no matter what the will said.

One of the reasons to enter into a pre-nuptial agreement if for the parties to give up that right.

In addition, there is a right to a spouse's award....
View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: Can I buy unused property behind my home?

Behind our home there is a section of land that while researching turns out to be owned by the Illinois Department of Transportation. I think it was acquired decades ago for a road that was never built. Now that the lots were divided up and built on just this strip of land remains. Our house it the... View More

Ray Choudhry
Ray Choudhry
answered on Feb 3, 2019

Talk to an experienced real estate attorney.

You may have the right to go to court and have the land declared as belonging to your property.

If not, the State of Illinois will be happy to sell it to you.

1 Answer | Asked in Family Law for Illinois on
Q: is there a way to find out what motion was filed against you?
Ray Choudhry
Ray Choudhry
answered on Jan 31, 2019

If you know the case number, contact the clerk of court for a copy.

1 Answer | Asked in Family Law for Illinois on
Q: Will I need to contact the biological father to get my daughter’s last name changed?

He is not on the birth certificate, and he has never tried to meet her or be in her life at all.

Ray Choudhry
Ray Choudhry
answered on Jan 26, 2019

Reasonable notice and opportunity to be heard has to given to the parents unless their parental rights have been terminated

2 Answers | Asked in Family Law for Illinois on
Q: How to get out of supervised visits when the GAL is biased and can be proven we keep getting moved around to different

Judges. The GAL , supervisor and child therspist are all in cohorts as i received emails I was not supposed to get . This is insane for a 30 day to go 9 months. The GAL won’t speak to me , answer any of my emails or VM - need help !!! But her billing is sporadic but what I do have is all... View More

Ray Choudhry
Ray Choudhry
answered on Jan 20, 2019

If a person does not follow a court order, the procedure is to file a contempt case against him or her.

View More Answers

1 Answer | Asked in Child Support for Illinois on
Q: I want to get an amendment to my separation agreement/divorce decree.

I got divorced in North Carolina but have since moved to Illinois. My ex now lives in Texas. If I want to get an amendment to my separation agreement/divorce decree, which state should I get a lawyer in?

Ray Choudhry
Ray Choudhry
answered on Jan 20, 2019

The case stays in North Carolina until the judgment is registered in some other state.

2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: My step children were taken away from their mother by DCFS. The mother has not stopped the child support what do we do?

She is also still claiming them for food stamps and medicaid in Florida, which they are enrolled in school with us and are claimed for food stamps and medicaid by us in Illinois.

Ray Choudhry
Ray Choudhry
answered on Jan 17, 2019

You need to go to court to get a revised parenting plan and ask that child support stop.

You might even be entitled to collect child support from her.

View More Answers

2 Answers | Asked in Criminal Law and Family Law for Illinois on
Q: I am living at my grandams my cousin also lives there .....we got into an argument and i left for the weekend and came

And came back to my stuff being destroyed cops came and instead questioned me about other things she lied about cops did nothing they were called a secind time and same thing happend what can i do the cops ate not doing there job my grandma wants here out they also wont make her leave....go to the... View More

Ray Choudhry
Ray Choudhry
answered on Jan 17, 2019

You can sue her for damage to your property.

You could try to get an order of protection against her.

Grandma can go to court to evict her.

All of this involves going to court.

View More Answers

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: I've paid child support for years but haven't seen son in 6 years. Can I have child support stopped
Ray Choudhry
Ray Choudhry
answered on Jan 17, 2019

Child Support and Parenting Plans are two different things.

If you want to see the child, you should request it by filing the proper forms.

1 Answer | Asked in Child Support for Illinois on
Q: If I'm paying child support, am I on the birth certificate?

I took a state issued paternity test, I am the father. Now my ex is withholding my visitation. Claiming I'm not on the birth certificate so I have no right to see my kid. However I still pay child support so how could that be?

Ray Choudhry
Ray Choudhry
answered on Jan 11, 2019

Looks like your name was not on the birth certificate.

Otherwise a DNA test would not have been needed.

What you need is a parenting plan giving you parenting rights.

The fourth form on this web page is the recommended form in Illinois:

https://midamericalawoffice.com/divorce-forms/

1 Answer | Asked in Child Support and Workers' Compensation for Illinois on
Q: I receive a workers comp settlement 15 yrs ago while I was paying child support to x wife never told her and court

now she knows how do I handle it go to the court and tell them

Ray Choudhry
Ray Choudhry
answered on Jan 8, 2019

Were you required to report it?

Double check your court orders.

If you were and you short changed her, you could have to repay with interest and possibly face contempt of court charges.

1 Answer | Asked in Child Support for Illinois on
Q: My employer has been taking child suport out of my check but not paying it in
Ray Choudhry
Ray Choudhry
answered on Jan 5, 2019

This is something the payee's attorney is supposed to take care.

There are penalties for employers for not forwarding the withheld child support in a timely manner.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.