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... Read more »
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...Read more »
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...Read more »
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...Read more »
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...Read more »
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.
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...Read more »
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,...Read 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... Read more »
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.
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...Read more »
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.
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....Read more »
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...Read more »
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...Read 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?
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:...Read more »
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....Read more »
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...Read 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... Read more »
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...Read more »
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...Read more »
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