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Questions Answered by Andrew John Hawes
2 Answers | Asked in Divorce for Illinois on
Q: Can rule to show cause be filed against wifes lawyer in our divorce case for falsely stating I took funds out 401k plan?

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 »

Andrew John Hawes
Andrew John Hawes 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... Read more »

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2 Answers | Asked in Divorce for Illinois on
Q: I was told that it takes at least 6 months to file divorce or I have to wait 6 months for it to finalize. Is this true?

I have signed legal seperation papers. Spouse is moving out next week.

Andrew John Hawes
Andrew John Hawes 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... Read more »

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2 Answers | Asked in Family Law for Illinois on
Q: Divorced partner refuses to give employment information and abide by court mandates what can i do?
Andrew John Hawes
Andrew John Hawes 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... Read more »

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2 Answers | Asked in Divorce for Illinois on
Q: I no longer pay child support, but a localcounty still charges me an annual fee forservices.How do I stop this?
Andrew John Hawes
Andrew John Hawes 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... Read more »

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1 Answer | Asked in Collections for Illinois on
Q: Can a retired person 80 years old be forced to pay creditors if their only income is their pension/soc sec.benefits?
Andrew John Hawes
Andrew John Hawes 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.

2 Answers | Asked in Family Law for Illinois on
Q: My ex wife left the state with my kids with a joint custody order in place. what are my options?
Andrew John Hawes
Andrew John Hawes 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... Read more »

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1 Answer | Asked in Collections for Illinois on
Q: Plaintiff's attorney will not file judgment satisfaction without $1400 overpayment. What is my recourse
Andrew John Hawes
Andrew John Hawes 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,... Read more »

1 Answer | Asked in Collections for Illinois on
Q: Plaintiff filed a motion for summary judgment. I responded in the time period given. They did not Can I get it dismissed

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 »

Andrew John Hawes
Andrew John Hawes 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...
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1 Answer | Asked in Estate Planning for Illinois on
Q: What do you do when a bank has failed in their fudiciary responsibility to the remaindermen of a trust?
Andrew John Hawes
Andrew John Hawes 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...
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1 Answer | Asked in Estate Planning for West Virginia on
Q: Do I have any reason to obtain legal assistance

My grand parents died and left their estate to be divided between 8 grandkids.

Andrew John Hawes
Andrew John Hawes 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... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: Am I entitle to any benefits of an estate that was probated 10yrs ago without my knowage
Andrew John Hawes
Andrew John Hawes answered on Mar 13, 2011

Need more information to answer this question.

1 Answer | Asked in Estate Planning for Illinois on
Q: My mother died a year ago wi/ out a will. How do I transfer the title from her name to mine? I am paying the mtg
Andrew John Hawes
Andrew John Hawes 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.

1 Answer | Asked in Estate Planning for Illinois on
Q: I was a trustee on resigned, what is that fee I can charge for the work I have done on the trust?
Andrew John Hawes
Andrew John Hawes 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.... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: Atty. put self 2nd for property power of atty. Had said no need for a 2nd, then surprised us at signing-should we care?

Did husband and self: wills, trusts, health power, all with relatives names 1st and 2nd.

Andrew John Hawes
Andrew John Hawes 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... Read more »

1 Answer | Asked in Bankruptcy for Illinois on
Q: Can I file for bankruptcy only on credit cards that I owe on? Or, do I have to do so on all my credit card accounts?
Andrew John Hawes
Andrew John Hawes 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... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: The father of my child will be imprisoned when I give birth to our child can his name be on the birth certificate?

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?

Andrew John Hawes
Andrew John Hawes 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:... Read more »

2 Answers | Asked in Bankruptcy for Illinois on
Q: If I file bankrupcy and choose to surrender property how long does it take for bank to take possesion. I am in IL?
Andrew John Hawes
Andrew John Hawes 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.... Read more »

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1 Answer | Asked in Small Claims for Illinois on
Q: I have been ordered to appear in small claims for a credit card. Do I need a lawyer
Andrew John Hawes
Andrew John Hawes 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... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: I want to change custody agreement, and visitation of my children, they spend half time with father, but dont want to go

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 »

Andrew John Hawes
Andrew John Hawes 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... Read more »

3 Answers | Asked in Bankruptcy for Illinois on
Q: If you file bankruptcy, does a list get sent out to all the surrounding banks, etc?
Andrew John Hawes
Andrew John Hawes 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... Read more »

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