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Questions Answered by Angela Lund-Logan

1 Answer | Asked in Family Law for Illinois on

Q: How do I take my kids father off of child support?

We are together, live together, have another kid no idea how he even got on it?

Angela Lund-Logan answered on Oct 24, 2014

You file paperwork requesting that child support be terminated.

1 Answer | Asked in Family Law for Illinois on

Q: If im put on child support do I have the rights to file my child

Angela Lund-Logan answered on Oct 24, 2014

I assume that you are asking if you can claim your child as a dependent. The court that ordered you to pay child support can enter an order giving you the right to claim your child as a dependent. You need to request that such an order enter.

Most court orders require state that if you...
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1 Answer | Asked in Family Law for Illinois on

Q: Can an ex wife collect on a pod account when the husband dies if it says in the divorce papers that Husband shall retain

The divorce says "Husband shall retain sole ownership of the following personal property, free and clear of any and all claims thereto by wife: All deposits of money standing currently in his sole name in any financial institution. The account was only in his name and she collected money like the 5... Read more »

Angela Lund-Logan answered on Oct 24, 2014

You need to seek advice from a Probate attorney. There may be documents with the financial institution that were never changed after the divorce. There may be a will directing the financial institution to pay. A divorce can only order the Husband and the Wife to act and no one else. Perhaps... Read more »

1 Answer | Asked in Family Law for Illinois on

Q: My ex wife takes my daughter to the doctor and signs she will be financially responsible for what the medical insurance

I provide the insurance. She is required to pay 880 before I start paying a %. The ex wife is not paying anything and now I am being sued with her. Is there a law that requires me to pay even though I didn't sign the waiver?

Angela Lund-Logan answered on Oct 24, 2014

You are dealing with two different set of rules: one in divorce court and the other in debtor court.

Divorce court: You need to file paperwork in your divorce to force your wife to pay the $880. Seek legal counsel immediately to enforce the court order.

Debtor court/Small claims:...
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1 Answer | Asked in Family Law for Illinois on

Q: can my daughter move out of state with her 16 yr old for health reasons she is not married to father n has full custody

He is under dr. care for anxiety and depression caused by father, we tried talking with him but only hangs up, he doesn't see his son , only at his convenience, and when he does he just tells him things about his mom and he does not want to see him, he said he is not a father , and only a jerk who... Read more »

Angela Lund-Logan answered on Oct 24, 2014

In Illinois a custodial parent must be given permission to permanently move a child out of state. Your daughter needs to file paperwork requesting to move out of state as soon as possible since the process can be very lengthy.

If you daughter has joint custody with the father, she must...
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1 Answer | Asked in Family Law for Illinois on

Q: step grandparents rights for adopted grandchildren by grandparent

Does a stepgrandparent have any rights to visitation in regards to grandchildren that have been adopted by the other grandparent, and the grandparents are now getting a divorce

Angela Lund-Logan answered on Oct 24, 2014

If the grandparent adopted the grandchildren, technically the grandparent is now the parent and you are the stepparent. Below is the stepparent visitation statute with some wording eliminated.

The Court may grant reasonable visitation privileges to a stepparent upon petition to the court...
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2 Answers | Asked in Family Law for Illinois on

Q: If a firm wishes to present a "motion to withdraw" as lawyer for a client, does the judge rule in front of O/C?

Can the judge rule on motion in front of O/C or do they need to hear it privately in chambers? Clearly no one wants to be fired by their attorney in front of the spouse they are divorcing.

Angela Lund-Logan answered on Jan 27, 2014

I have never had a Motion to Withdraw heard in chambers. My experience has been that the motion is ruled on quickly unless the client or the opposing counsel objects to the attorney withdrawing.

The spouse is able to see the Motion filed by the attorney listing the reason for withdrawal....
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3 Answers | Asked in Family Law for Illinois on

Q: My husband left me his car before he went to asia active duty...he is mad at me and wants his family to come and take

Can they take car from me with hi permision if he isnt present

Angela Lund-Logan answered on Jan 27, 2014

Whose names are on the title? If one of his family members is on the title and you are not, the police may allow that person to take the vehicle.

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1 Answer | Asked in Family Law for Illinois on

Q: At what age and under what authority are children allowed to decide whether or not to go on a scheduled visitation?

2 different police officers from 2 different jurisdictions on 2 separate occasions informed our 17 y/o child they were old enough to make this decision. Pls advise. Thank you.

Angela Lund-Logan answered on Nov 5, 2013

No child has the authority to decide whether or not to go for visitation. It is possible for you, as the parent, to be held in contempt for the child failing to go with the other parent for visitation. You want the police officer to write in his/her report that the child refused to go after you... Read more »

1 Answer | Asked in Family Law for Illinois on

Q: Can a mother wait until a child is 19 years old to sue the alleged father for a paternity test and college tuition assis

She knew where he was all these years, and she's not asking for back child support

Angela Lund-Logan answered on Nov 5, 2013

750 ILCS 45/8: An action brought by or on behalf of a child, an action brought by a party alleging that he or she is the child's natural parent shall be barred if brought later than 2 years after the child reaches the age of majority.

Once paternity is established the rules regarding...
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1 Answer | Asked in Family Law for Illinois on

Q: Divorced since 2008, we have joint custody. Mother has custodial care. will I ever be able to have custodial care?

Angela Lund-Logan answered on Nov 5, 2013

There must be a change in circumstances since entry of the last custody order that makes changing custody in the best interest of the child/children. Best interest is determined by weighing the statutory factors. Bottom line: changing custody is an uphill battle unless problems arise.

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