The judge ruled that during the divorce proceedings we were not to take any funds out of the 401k plan. I have statements to prove that no withdrawals have been made during the procedings of this divorce. However in an effort to make me look disobedient in front of the judge, my wifes lawyer... View More
answered on Mar 29, 2011
I would need to see the actual order to adequately answer this question. Did the judge's fine go towards child support (or was it awarded largely because of you being behind), or was it just a punitive fine for allegedly taking money out of your 401(k)? I would guess the judge awarded the... View More
I have signed legal seperation papers. Spouse is moving out next week.
answered on Mar 29, 2011
While there is not set time frame, it will likely take time (6 months is a reasonable estimate). For example, you have to serve the divorce petition upon your spouse. To do so, you either have to have the cook county sheriff deliver the documents, or get a motion for a special process server, get... View More
answered on Mar 19, 2011
Bring a "petition for rule to show cause." In this, you demand that your ex come into court and explain why they are not complying with court order. You have to serve this upon your ex. If the judge is not convinced with their explanation, they can issue a rule and hold your ex in... View More
answered on Mar 19, 2011
Communicate with them in writing. Send them proof of the end of your obligation to pay child support, such as the order listing your child's date of birth. Demand in the letter in writing that they stop charging you for services. Odds are, once they see the proof in writing they will stop... View More
answered on Mar 19, 2011
No. Retirement benefits and social security benefits are exempt from judgment under 735 ILCS 5/12-1001 and 735 ILCS 5/12-1006. That said, if you have other assets, such as a house or other personal property, those assets can be garnished or have a lien placed upon them.
answered on Mar 19, 2011
You should retain a local attorney to help you in this matter. You have a couple of options that the attorney can discuss with you. The original court will still have jurisdiction over your case, so you should bring all court actions in that court. You can bring a petition for rule to show... View More
answered on Mar 19, 2011
I need more information to answer your question. Odds are, the $1400 in "overpayment" is for interest and court costs in bringing the suit against you. If so, the court will not consider this "overpayment." You are liable for these expenses. If these are not the expenses,... View More
I am a defendant in the case. Plaintiff filed a motion for summary judgment. I responded in the time period alloted by the court order. They were given 10 days to reply to my respone to the summary judgment motion. They did not. I got their reponse 2 days before court . According to the paperwork... View More
answered on Mar 19, 2011
You can ask but it won't work. Even if they didn't reply at all, unless you plead an affirmative defense, the judge could still decide the case on the initial motion and your response.
There are very different rules in small claims court, and I'm guessing your case is a small... View More
answered on Mar 19, 2011
You can bring an action for damages. The nature of the damages you seek depends on what you want to happen. You can seek a monetary remedy, removal of the fiduciary, or other equitable remedies. If particularly egregious, you can even seek punitive damages.
I think your best course of... View More
My grand parents died and left their estate to be divided between 8 grandkids.
answered on Mar 13, 2011
It depends. Do you trust the person named in the will as the executor? Has the executor hired an attorney to assist them in administering the estate? How much money is in the estate? You probably don't need an attorney unless there is a lot of money in the estate and you don't get along... View More
answered on Mar 13, 2011
Are you certain that the house is 100% yours? What is your family situation like-was she married, do you have any siblings, etc? Whether you can even transfer the house to your name depends upon this information.
answered on Mar 13, 2011
You can charge a "reasonable" rate. Typically, I've seen around $20 to $50 an hour, but it generally depends upon the quality, nature, and quantity of the work involved. You should keep very detailed records of everything that you do, how long it takes you, and what you accomplish.... View More
Did husband and self: wills, trusts, health power, all with relatives names 1st and 2nd.
answered on Mar 13, 2011
If you do not trust the attorney, then you should seek to revoke this document. A power of attorney gives your agent the authority to make legal decisions on your behalf, including handling bank accounts, real estate, and other assets. These are considerable powers that you should only give to... View More
answered on Mar 13, 2011
Technically, you only have to disclose actual debts that you have as of the date of filing of the bankruptcy petition. So, if you have a credit card with a zero balance on the day you file for bankruptcy, you don't have to list it on your schedule. Whether or not you'll actually be able... View More
The father of my child is currently imprisoned & will be when I give birth to our child. Is there any way that his name can be placed on the birth certificate? & will my child be able to have his last name?
answered on Mar 13, 2011
Well, you could always get married before you have the child. Otherwise, you cannot place his name on the child's birth certificate unless you and him have signed a "voluntary acknowledgement of parentage" form. You can access this form at the following site:... View More
answered on Mar 13, 2011
This may not be a satisfying answer, but here it is: it depends. I can tell you that if you file bankruptcy, immediately it will create the "automatic stay." This prevents creditors from being able to take any action against your property without the bankruptcy court's approval.... View More
answered on Mar 13, 2011
A lawyer may be able to help you settle this claim without a judgment being entered against you. If you do not settle this case, or you choose to not go to court, the attorney for the credit card company will get a default judgment against you. With this judgment, the attorney can then try and... View More
I was divorced over a year ago, at the time, i could not afford an attorney, i agreed to his terms. giving him joint custody, and visitation half the time. Things have become unstable at his residence and the children do not want to go. I would like to find a way to get full custody and every other... View More
answered on Mar 13, 2011
Unfortunately, there is not much you can do at this time. Under Illinois law, it is very difficult to modify any child custody arrangement within two years after entry of a custody order. The only way that you will be able to change the custody arrangement at this time is if 1) your ex-husband... View More
answered on Mar 13, 2011
The list only gets sent out to those creditors you place on your bankruptcy schedules. That said, you must disclose all debts that you have or else your bankruptcy case will be dismissed. Additionally, the bankruptcy will be on your credit report, so if you're thinking you can file... View More
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.