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Questions Answered by James G. Ahlberg
1 Answer | Asked in Landlord - Tenant for Illinois on
Q: In Illinois do you have to give a roommate notice of someone moving in?

Me and my girlfriend split up about a year ago. She still lives in my house that I own. I've been seeing somebody for 6 months and we both want to live together. Problem is my ex-girlfriend still lives there and she refuses to leave. Do I have to give her notice of someone moving in? Because... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 27, 2023

From a legal perspective, if it's your house you don't need to give your ex notice that someone else is moving in. On the other hand, I'm guessing your new girlfriend and you will lead a much more peaceful life if you evict the ex-girlfriend before moving the new girlfriend into the... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: If the father is not on the birth certificate, does he have any legal rights?

His name is not listed on the certificate and no paternity test was ever done.

James G. Ahlberg
James G. Ahlberg
answered on Jan 3, 2023

The father's rights are essentially the same as the mother's right. To establish your rights you'll need to file a parentage action in the local county courthouse. The court can order a DNA test of you, the child, and the mother. If the DNA test proves you are the biological father,... View More

1 Answer | Asked in Child Custody and Tax Law for Illinois on
Q: What options do I have if my child's grandma tries to claim my son on her taxes, even if he only stayed a month with her

He stayed with her for December but that was due to me (being without a vehicle) and her and the child's dad, keeping him from or not helping me to see him, I live 45 minutes away. They will not let him come back to my house.

James G. Ahlberg
James G. Ahlberg
answered on Jan 3, 2023

If you provided over half the cost of raising the child in 2022, you are entitled to claim the child on your taxes. If that is the case, make sure you file your taxes as soon as possible. If grandma's tax return is filed after your, her attempt to claim the child is likely to be rejected... View More

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Other parent not following court order in regards to child care payments, life insurance policy, medical expenses
James G. Ahlberg
James G. Ahlberg
answered on Dec 15, 2022

You need to file a Petition for Rule to Show Cause. This is a pleading asking that the other party be held in civil contempt of court for not obeying a court order. If the court holds the other party in contempt it can require him or her to comply with the previous order by a certain date, or go to... View More

2 Answers | Asked in Criminal Law, Legal Malpractice and Small Claims for Illinois on
Q: Can i sue or file a complaint against this county

Recently i took a plea for a criminal case and received the final disposition now my license and other things have been suspended due to this case that wasn’t involved in the disposition my license is my way of working and the courts new this

James G. Ahlberg
James G. Ahlberg
answered on Dec 13, 2022

It sounds like the consequences of your guilty plea were not fully explained to you. If this is true AND if your guilty plea was entered within the past 30 days contact an attorney immediately. He or she will need to file a motion to withdraw the plea based upon inadequate explanation of the... View More

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: My work comp case is closed, but they did not pay all my medical. What should I do?
James G. Ahlberg
James G. Ahlberg
answered on Dec 29, 2023

Contact the attorney who handled your case and let him or her know this. The times I've had this happen in my practice have generally been resolved fairly quickly. I always handled these situations without charging an additional fee.

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1 Answer | Asked in Child Support and Family Law for Illinois on
Q: Are 1099 workers exempt from child support?

Can a child support order be entered against a person who is a 1099 worker?

James G. Ahlberg
James G. Ahlberg
answered on Nov 25, 2023

1099 employees are not exempt from child support. A child support order can be entered against them and fully enforced by the court.

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: My question involves a single parent adoption in Illinois wherein the biological mother adopts her son.

The biological father was the respondent and a copy of the petition was found in his belongings after he died, so I believe he received notice. If the adoption goes through, are the biological father's parental rights terminated, or could it mean something less than that? For example, having... View More

James G. Ahlberg
James G. Ahlberg
answered on Nov 17, 2023

Your question is difficult to answer because the first sentence you wrote is ambiguous. The biological father "being part of the case" could mean he is joining as a petitioner in the attempt to adopt the child, it could mean he is a respondent who has consented to the adoption, or it... View More

1 Answer | Asked in Legal Malpractice and Family Law for Illinois on
Q: Is there a specific type of Malpractice Lawyer in IL for post decree matrimonial ethical incompetence?

I have searched and most Malpractice lawyers I find are not specific to post decree marriage cases - can you point me in the proper direction?

James G. Ahlberg
James G. Ahlberg
answered on Nov 16, 2023

You're unlikely to find someone focusing on that precise area of practice. A lawyer who practices in the area of dissolution of marriage cases or general legal malpractice is your best bet. The former will be more familiar with whether malpractice occurred; the latter will be more familiar... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Should i get a workers comp lawyer. I hurt my wrist at work and i feel like im getting railroaded.

I hurt my wrist at work on july 23rd ive been doing everything they have asked going to the caterpillar drs. They finally sent me for an mri last week and today i had an appointment at osf orthopedic and the dr there said i have tendonitis and is referring me to rehab with a follow up in 6 weeks. I... View More

James G. Ahlberg
James G. Ahlberg
answered on Sep 7, 2023

Yes, you should contact an attorney ASAP to protect your rights. If you're being railroaded, there's no better way to derail the train than to have a good attorney behind you.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My tenant said he was going to have me arrested for intimidation so I won't evict him. I messaged him for late rent

And we argued a bit. Can I go to Jail. I'm afraid to go there to evict him now

James G. Ahlberg
James G. Ahlberg
answered on Jul 3, 2023

You're not going to go to jail for demanding the rent. If you were my client I'd tell you to begin eviction proceedings immediately. You don't need a tenant like this.

1 Answer | Asked in Real Estate Law and Legal Malpractice for Illinois on
Q: IF A LAWYER REPS THE PROPERTY AND THE PROPERTY HAS EMPLOYEES AND TENANTS THE LAWYER THEN HAS TRIPLE DUTY

sorry its a hotel should have been clear and guest was injured while living on property and bed bugs was the cause instead if him doing the right thing he illegal eavesdropped acts of retaliation , harassed hacked computer slowing her prep dow for case which caused her to not make it to court. He... View More

James G. Ahlberg
James G. Ahlberg
answered on Apr 16, 2023

No. A lawyer has a duty to his client (typically the seller or the buyer of the property). He has no duty to the property itself and no duty to employees who work on the property.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I was 17 not sposed to be working in fryers and they had me clean the frying pan keep in mind no protection gloveavaible

When I pulled the pan out it was full of grease and fried my whole hand and half of my arm the did not report this to the police or anything can anything be done?

James G. Ahlberg
James G. Ahlberg
answered on Feb 8, 2023

You should contact a lawyer about filing a workers' compensation claim right away. This is not a situation that would normally be reported to the police.

Q: so a land patent protects the property within the land patent if the holder steps foward
James G. Ahlberg
James G. Ahlberg
answered on Feb 1, 2023

I don't mean to sound rude, but you've made a statement rather than asking a question. Do you have a question? You'll want to use somewhat correct terminology. A "land patent" typically refers to the initial grant of a piece of land by the government to an individual or... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can a landlord sue u if you are just a cosigner on a lease but do not live there
James G. Ahlberg
James G. Ahlberg
answered on Dec 21, 2022

Yes. The whole point of getting a cosigner is to have someone else to sue if things don't work out.

1 Answer | Asked in Employment Law for Illinois on
Q: When to give resignation notice to avoid signing bonus clawback.

I received a $15K signing bonus for a new job last year. I signed an contract agreeing to pay back the bonus if I voluntarily leave within 12 months from date of hire.

I started Oct 11 2021. I accepted a new job offer and would like join on Oct 17th. If I give my two week notice stating my... View More

James G. Ahlberg
James G. Ahlberg
answered on Sep 22, 2022

It would be best to wait until October 12 to give notice to eliminate the potential claim that you must pay back the bonus. Think of it as being paid $15,000 to work those extra few days.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I am 16 with parents who are seperated and I want to move to another state with my dad.

My parents are seperated and for reasons I shall not discuss I would rather live with my dad. I dont know what needs to be done in order to move to a different state with him and have no idea how to find out due to my mom having an app on my phone that makes it so she can see everything on it. What... View More

James G. Ahlberg
James G. Ahlberg
answered on Aug 25, 2022

You'll have to talk to your father and encourage him to begin court proceedings to change parenting time (formerly known as custody) and for him to petition the court to allow you to leave the state with him. I know of no way for you to begin these proceedings on your own.

1 Answer | Asked in Family Law for Illinois on
Q: Can I kick my soon to be 19 year old out of my house? I am the parent and she does not help pay for anything.

We live in Illinois. No written agreement for rent or anything like that. She has threatened me and is becoming more hostile and disrespectful by the day.

James G. Ahlberg
James G. Ahlberg
answered on Jul 25, 2022

If your daughter is 19, she is legally an adult. You can kick her out of your house, but you would do well to consider the result. Does she have a place to go? With whom will she live? How will this affect your relationship with her long into the future? Sometimes a practical answer is better than... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Is there a law holding a company Liable for poaching or stealing another companies employees by spreading lies
James G. Ahlberg
James G. Ahlberg
answered on Jul 6, 2022

The answer depends on the exact circumstances. Several possibilities suggest themselves. One is that the offender may be engaging in the tort (a civil wrong creating liability) of slandering the business reputation of the victim company. Another is that the offender may be engaging in the tort of... View More

2 Answers | Asked in Cannabis & Marijuana Law, Tax Law and Real Estate Law for Illinois on
Q: Not allowing a w2 earning cannabis employee to use a fed. Grant is taxation without representation, correct?

I've been trying to recieve a federal grant/loan for buying a home. Down payment assistance is something my family needed, so we decided to try a USDA or FHA loan. We have been told by multiple loan officers that because of my place of employment, I cannot recieve these funds. I pay federal... View More

James G. Ahlberg
James G. Ahlberg
answered on Jun 3, 2022

No. Taxation without representation means that a group of people has a tax imposed on them by a government in which they had no right to elect a representative (such as a member of the Illinois House of Representatives, a state senator, a Congressman or US Senator) who could participate on behalf... View More

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