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Questions Answered by Andrew John Hawes
1 Answer | Asked in Family Law for Illinois on
Q: How do I revoke guardianship of a minor? My parents received this in 2006. I'm back & stable & want full custody back.
Andrew John Hawes
Andrew John Hawes answered on Sep 22, 2011

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 »

2 Answers | Asked in Family Law for Illinois on
Q: CERTIFICATION AND AGREEMENT BY COUNSEL

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 »

Andrew John Hawes
Andrew John Hawes answered on Sep 22, 2011

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 »

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1 Answer | Asked in Family Law for Illinois on
Q: My kids father signed voluntary acknlgmnts for our kids and now wants a perternity test, do I have to do it to get suprt
Andrew John Hawes
Andrew John Hawes answered on Sep 22, 2011

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.

1 Answer | Asked in Family Law for Illinois on
Q: Can a parent ask for DNA test if they already signed a voluntary ackknowledgement of pertinity

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 »

Andrew John Hawes
Andrew John Hawes answered on Sep 22, 2011

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 »

1 Answer | Asked in Estate Planning for Illinois on
Q: My sister was given an order naming her administrator of my deceased mother's estate (she left no will). Can I contest?
Andrew John Hawes
Andrew John Hawes answered on Sep 22, 2011

Yes. If you are serious about this, I HIGHLY recommend that you obtain an attorney to assist you with this process.

Generally, once an administrator is appointed, they can only be removed by cause as provided for in 755 ILCS 5/23-2 (the Illinois Probate Act). A representative may be...
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2 Answers | Asked in Family Law for Illinois on
Q: If child support is "reserved" can it be modified retroactively?
Andrew John Hawes
Andrew John Hawes answered on Sep 22, 2011

Nope

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1 Answer | Asked in Bankruptcy for Illinois on
Q: How do I find out info on a company claiming to have filed for bankruptcy in Illinois?
Andrew John Hawes
Andrew John Hawes answered on Aug 25, 2011

Ask for their case number. Then go to http://www.pacer.gov/. You will need to make an account, but from this website you can look up and access all bankruptcy cases.

1 Answer | Asked in Family Law for Illinois on
Q: What is a petition to determine the existence of the father child relationship ?
Andrew John Hawes
Andrew John Hawes answered on Aug 25, 2011

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 »

2 Answers | Asked in Family Law for Illinois on
Q: I used to live with this girl and moved out now she is harassing me verbaly can i get a no contact order on her?
Andrew John Hawes
Andrew John Hawes answered on Aug 25, 2011

You may be able to get an order of protection, but you would need to describe in detail how she is harassing you. You should consult with an attorney if you are serious about this.

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2 Answers | Asked in Family Law for Illinois on
Q: Soon to be ex-husband wont let me see or talk to my kids even do judge said so What do i do?

Have been calling and texting all weekend to see my kids like the judge said to do what else can i do legaly?

Andrew John Hawes
Andrew John Hawes answered on Aug 25, 2011

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 »

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1 Answer | Asked in Estate Planning for Illinois on
Q: I don't think my grandmothers estate was handled right. can it be r opened after 35 yrs

My grandmother passed away 1983 in illinois my dads gone and I found some things just don't add up .on my grandmother estate . Can this estate be reopend after 35 yrs

Andrew John Hawes
Andrew John Hawes answered on Aug 25, 2011

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 »

2 Answers | Asked in Divorce for Illinois on
Q: How do I get a divorce when Ive been married for 3yrs and he's been a felon on the run since?

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 »

Andrew John Hawes
Andrew John Hawes answered on Aug 25, 2011

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 »

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2 Answers | Asked in Divorce for Illinois on
Q: WHAT DOES A STIPULATION TO HEAR UNCONTESTED CAUSE MEAN?
Andrew John Hawes
Andrew John Hawes answered on Aug 25, 2011

It means you have reached an agreement, and can get a prove up date. If you have not reached an agreement, but are being asked to sign this form, do not do so.

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1 Answer | Asked in Estate Planning for Illinois on
Q: Regarding a small estate divided equally to 7 children

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 »

Andrew John Hawes
Andrew John Hawes answered on Apr 20, 2011

The distribution is determined upon the decedent's date of death, not whether one of the children dies after the decedent dies.

Was there a will? If there was a will, then the will controls what happens and likely addresses this situation. If there was not a will, then Illinois intestacy...
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1 Answer | Asked in Estate Planning for Illinois on
Q: Is asking for a formal proof of a will the same as suing someone?
Andrew John Hawes
Andrew John Hawes answered on Apr 20, 2011

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 »

2 Answers | Asked in Divorce for Illinois on
Q: My mom needs a divorce but can not find the spouse, looks like the county she lives in only offers a simplified divorce

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 »

Andrew John Hawes
Andrew John Hawes answered on Apr 20, 2011

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 »

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2 Answers | Asked in Family Law for Illinois on
Q: Reserved child support is a legal term?

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 »

Andrew John Hawes
Andrew John Hawes answered on Apr 20, 2011

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 »

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2 Answers | Asked in Bankruptcy for Illinois on
Q: If a company owes you commission and they file Bankruptcy How do you collect or make a claim?
Andrew John Hawes
Andrew John Hawes answered on Apr 20, 2011

Need more information. What type of bankruptcy, what is the commission for, how much is it for, etc.?

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1 Answer | Asked in Collections for Illinois on
Q: Can they repo you home on a because of outstanding debt that has nothing to do with the house.

She has a $9000 loan that is completely different from her house note and she is afraid they are going to go after her house if she doesn't make her payments on time.

Andrew John Hawes
Andrew John Hawes answered on Apr 20, 2011

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 »

1 Answer | Asked in Collections for Illinois on
Q: What is the best day (monday-friday) for a garnishor to notify a bank of garnishment? is there a prefernce?
Andrew John Hawes
Andrew John Hawes answered on Mar 29, 2011

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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