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... Read more »
I’m trying to find out if my ex is supposed to be pay half for our childrens cell phones and cell phone bill. He tells me that the child support covers that.
answered on Nov 16, 2022
There is no law that a child has to have a cell phone or a car. If either parent chooses to provide a child with same, that is their choice and their expense. Child support is for basic necessities, i.e. food, clothing, shelter, utilities, transportation to and from school and activities. A cell... Read more »
his name is in the birth certificate
answered on Feb 10, 2022
Enforcement of a child support arrearage may be brought in the divorce court no matter how old the child(ren).
the mother is in jail right now waiting a trial and then will go to prison for a while. I am his wife. We want to prove paternity and totally adopt him as OURS . But don't want him around his "mother" ever again seeing as she is so unfit. We have 4 kids of our own and a house and I... Read more »
answered on Jan 25, 2022
There are too many variables in your situation for a lawyer to give you solid advice on these issues without sitting down and talking to you and your husband. I encourage you to make an appointment with an attorney in your area who handles adoptions. Also, if DCFS has to due an investigation of you... Read more »
We received a letter three weeks ago that stated my husbands driver license was released and could be reinstated, after agreeing to a payment plan and continually paying. We just received a letter yesterday (dated Sept 30th 2021) that we now have to pay in full or else the punishments will be... Read more »
answered on Sep 24, 2021
The Illinois Secretary of States does have a set of rules in order to reinstate suspended, or revoked driving privileges.
Also, any reinstatement of state driver's license does require a fee.
Naturally, no state mechanism works flawlessly. Mistakes happen, scrivener's... Read more »
Because she has enough credits. Do I still need to pay child support until the actual graduation in June or when she officially stops going to high school?
answered on Sep 8, 2021
I cannot imagine anyone being able to give you an authoritative answer because the law never anticipated this type of thing happening. The law is clear that you must pay child support until the child reaches 18 or GRADUATES from H.S., whichever is last to occur. It doesn't cover what should... Read more »
Prosecutor is in a more serious(felony) case vs a family court case. Is there any precedent notably in illinois that a Judge can suspend the lesser case until the more serious case is completed?
Her office stated they would inform her of my issues. That was a week ago.
answered on Jul 28, 2021
I think you already know what you have to do. Terminate her representation . You have the absolute right to do so and to receive a refund of any unused retainer fee that you paid.
Divorce is tough enough, you don't deserve any problems from the one who is supposed to be trying to... Read more »
answered on May 18, 2021
If you have an Illinois divorce, your papers CANNOT say that no parent is to pay child support. The most it could say along this line is that Child Support is Reserved. This means that either party can come back to court after the divorce to establish a child support obligation.
He will seek for full custody of my son. And will make things hard for him to sign divorce papers. I really need guidance. And and idea of how much will this cost me.
answered on Feb 20, 2021
The best guidance I can suggest is for you to contact a local divorce lawyer, and explain ALL of the facts to him/her. You really have not provided us with enough info to assist you properly. It is not uncommon for a bully-type husband to make the threat about custody. Divorce lawyers hear this... Read more »
answered on Jan 28, 2021
Yes, unless they file a Petition with the court to suspend the support while they incapacitated. Without such a filing, the support continues to be due.
Should I be concerned about them taking my children and how do I prepare for this transition?
answered on Jan 23, 2021
Yes. You should be concerned.
DCFS and the local State's Attorney's Office in the County where you live could conclude that you placed your children at risk of harm and screen the case into juvenile court for a judge to make that determination.
There, you'll need a... Read more »
My my ex wife and child live in Illinois, that’s were the divorce took place. I remarried, so has she, but I have 3 children with my current wife ages 5, 3 and a 7 month old, we live in Florida. I want to lower my child support. Is having 3 kids (this adds a lot More expenses) a substantial... Read more »
answered on Dec 29, 2020
Yes you can seek a modification. One child can often be enough to change amount and meet the substantial and continuing change requirement, and will most likely cross that threshold, unless you are a high wage earner. There are other factors to consider and requesting modification doesnt always... Read more »
He will be out out of HS at time of turning 18. Would KY automatically terminate child support or would I have to do something on my end in order to have it terminated?
answered on Dec 17, 2020
The answer is...it depends. If the child support agency for the state was responsible for obtaining the order then arguably yes. Termination dates are typically tracked and the order terminated by the state (more specifically, the lawyers who work for the agency). If the order was part of a decree... Read more »
I’m 16 and one of my parents is giving child support to my other one. With the pandemic going on my mother, who receives child support, recently lost her job. I’ve been wanting to help her but she’s questioning whether I’m allowed to work, since my father is giving her child support. I just... Read more »
answered on Nov 6, 2020
Yes, you can work. And I salute you for being so responsible.
my mom kicked me out and let me live with my boyfriend and signed a paper saying his dad had custody but then she changed her mind and signed me over to my grandparents who i barley know we didnt go through anything legal it is just a paper out of a notebook saying i can live there do i have to... Read more »
answered on Nov 2, 2020
Legally, you are required to live wherever your parents say. No court order means nothing enforceable typically. Your parents can choose to give guardianship or to take it away. Anyone who harbors you can be charged with harboring a runaway.
answered on Oct 22, 2020
Your child support is determined by the last court order. It doesn't change just because a parent moves from one state to another.
If I can sue for the back child support what information do I need to do so?
answered on Sep 30, 2020
No. That money was for your mother to help her financially. It was not and never will be your money. But if there is a back child support order, your mother can sue him for it.
me and my boyfreind want to get an appartment i want to emancipate myself at 15 and a few months when ive been stuggeling with my mom for 3 years knew my bf for a year and months dont feel comfterable with my step dad i work and my boyfreind works when i was pregnant my mom put alot of stress and... Read more »
answered on Sep 22, 2020
It is rare for a 15 year old to get emancipated. You do not say how old the bf is.
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.