As far as I can tell from researching this issue, a minor can only end a guardianship when they attain the age of majority, or if you can convince one of your parents to file a petition and prove, by a preponderance of the evidence, that a material change in the circumstances of the minor or the...Read more »
I have served my wife with the Petition for Dissioultion, He responded,According to Legal Aide, My next step is to get a Hearing Date. However it says i need to bring a Copy signed by both parties.Can I just have her and i sign and notirize this form before i go to the court house? how does this... Read more »
Yes. If you are in agreement you can both just sign the certification and agreement by counsel. Then you go to the motion/scheduling clerk with this signed agreement to get a "prove-up" date, in which you both will need to go to court. At this time, the judge will ask you questions and then you...Read more »
Yes. I answered your question more fully where you posted it again, but the voluntary acknowledgement only raises a presumption of paternity. He may still request a DNA test, and you must comply if you want support.
I want to take my kids father to court for support and when both our children were born he signed voluntary acknowledgements, and on a letter I received from the court says for one of the children the obligation arises by virtue of determination of parentage pursuant, does that mean he asked for a... Read more »
A voluntary acknowledgement of paternity raises a rebuttable presumption of paternity. This means that he is presumed to be the father UNLESS he can prove otherwise. DNA analysis is one way to prove otherwise, and he is fully entitled to ask for this testing. If the court enters an order...Read more »
This is also known as a "parentage" action. Someone is trying to establish, in a court order, that you are the father of a child. A paternity action is commenced by the filing of a petition to declare the existence of a father-child relationship and may be brought by the child, the mother, a...Read more »
Is there a visitation order in place? If not, you should make an agreement on visitation, and then get the court to enter the visitation order. That way, you can file a "petition for rule" for his failure to comply with a court order, for which you can recover money. This also comes with the...Read more »
No. First, under § 755 ILCS 5/28-11(f), "In the absence of fraud, accident or mistake, an order discharging the independent representative and declaring the estate closed is binding on each person whose receipt or approval was filed with the report and on each person to whom notice thereof was...Read more »
Ive been married since April 2008 and tried to get a divorce but no one can help me. They have me going in circles. One says to go the courthouse, another says to go to DSHS and then to an attorney but Ive read so many things that basically tell me I can go to the courthouse and speak to someone... Read more »
I agree with Mr. Kulerski. If you truly do not know where he is located and cannot locate him after trying to do so, you can file an "affidavit for service by publication" after filing your divorce paperwork. You do not need his signature on anything. You may want to hire an attorney to assist,...Read more »
My mother passed and the money has been dispersed to her surviving children equally. Her house is still for sale. If one of her children die before the house is sold does that share go back to the 6 remaining siblings or the the estate of the sibling that passed. My sister and I have been... Read more »
No-because you are not really "suing" any one individual. You are simply requesting that the estate attorney prove that all of the formalities of the will were followed. Typically, if the will was done by an attorney, the formalities are followed. You are getting involved with the estate...Read more »
She doesnt want to hire a lawyer, but when i went to the local court house to get divorce papers all they have available is a simplified dissolution and the clerk handed me a paper for phone numbers to kane county bar but my mother resides in kendall county. I even went on their website and all... Read more »
An attorney might be best, because they have a lot of experience in finding hard to find people. You can also hire a "skip trace" professional. These people typically are paid to search public records databases to locate the whereabouts of people. If she truly cannot find them, after a thorough...Read more »
My divorce decree says (joint parenting agreement)and child support is reserved because we share parenting time and we are paying half for all the children expenses and i provided health insurance for them, my ex husband has the residential custody for school purposes. Now he entered a "motion to... Read more »
I'm not sure I entirely understand your question, but basically your ex husband is seeking to set the child support at a particular dollar limit, and to obtain a court order setting the amount. These orders can be difficult to modify, and you can only modify the amount through court order. You...Read more »
Yes (but it is very uncommon). A creditor can place a lien upon her house for an “unrelated” debt. BUT, the creditor must first file a lawsuit against her, and must win a court judgment against her. Then, the creditor can get a memorandum of judgment signed by the judge and file it with the...Read more »
I cannot really think of any reason why it would matter which day you notified the bank. The more important thing is that you notice them sooner rather than later. You do not know if someone else is moving to garnish that money or if the money will even be there by the end of the week. You don't...Read more »
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