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Questions Answered by Ray Choudhry
1 Answer | Asked in Family Law for Illinois on
Q: How do I change my first name in Illinois? Do I need an attorney to do this?
Ray Choudhry
Ray Choudhry answered on Jun 27, 2019

File Petition with Court.

Run newspaper notice.

Appear in court to have judge approve name change.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for Illinois on
Q: mother being charged first time with child endangerment. DCFS pulled child from home. What's the sentencing typically?

She has had multiple instances with DCFS. DCFS pulled the child from her home is now living with dad out of state. Mom and boyfriend were found under the influence of heroine and alcohol. Will she typically go to jail, only be slapped with a fine? How do we make sure the child isn't forced to go... Read more »

Ray Choudhry
Ray Choudhry answered on Jun 21, 2019

DCFS doesn't do criminal.

The father needs to go to court to get the parenting plan changed to give him primary care.

If he has child, he can go to court to stop child support.

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Does my mother have any rights to the house she lives in thats part owned by her late husband of ovr 10 yrs of marriage?

His sister and son's names are on the deed also. His sister lives in the upper portion of the house, My mother's name is not on the deed.

Ray Choudhry
Ray Choudhry answered on Jun 17, 2019

If the house was in joint tenancy with sister and son, then it belongs to them.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Illinois on
Q: I, who is the plaintiff, has a monetary judgement against the defendant whom I evicted as a tenant.

I am trying to collect past rent and court costs. We went back to court and the defendant agreed in front of the judge to pay me back $200 a month on the 15th of every month until the judgment is paid off. The judge signed off on that. Today is the 15th and she is refusing to pay.

I have... Read more »

Ray Choudhry
Ray Choudhry answered on Jun 15, 2019

If the Judgment gave her a payment plan and she does not comply with it, you file a Rule to Show Cause why she shouldn't be held in contempt for failure to comply.

This gets more attention.

Let alone under the table, sometimes people don't even earn enough to be able to garnish...
Read more »

1 Answer | Asked in Child Support for Illinois on
Q: I live in Illinois does the new income share model take into account other children from a different relationship?

The other children do not have a court order support order. Are they taking into account with the new child support income support model? The HFS calculator shows it does but when I’m filling out the financial affidavit it does not ask if there are other children without a court order child... Read more »

Ray Choudhry
Ray Choudhry answered on Jun 8, 2019

The calculator for child support and the Financial Affidavit are for different purposes.

The Financial Affidavit is not only to see income and expenses but also to determine division of assets and liabilities.

1 Answer | Asked in Real Estate Law for Illinois on
Q: My father recently bought a house without the seller having the title in his name. Is this a legal sale?

The seller went down with my father to get a notarized letter saying that he was transferring his rights to the house to my father. We found out that he did not have the title and that the title of the house was not in his name yet he still sold it. He was able to change the taxes to his name... Read more »

Ray Choudhry
Ray Choudhry answered on May 30, 2019

Was he transferring his rights such as from an estate or some contract he had with the owner.

You need to find out who owns the house. Check with the Recorder of Deeds.

1 Answer | Asked in Child Custody for Illinois on
Q: What’s a reasonable custody agreement if one parent wants to move out of state

I’m divorced but soon getting married I have two children with my ex husband. My soon to be wife I have children with as well, I would like to have all my kids together but my soon to be wife lives in another state do to work. And I’d like to move with my children so all my kids are together... Read more »

Ray Choudhry
Ray Choudhry answered on May 29, 2019

Every case is different.

There has to be give and take.

Far better to work it out than to take a chance in court.

Sample Parenting Plan: Click Parenting Plan on the page: https://midamericalawoffice.com/divorce-forms/

1 Answer | Asked in Child Custody for Illinois on
Q: Is a agreement for custody at a lawyers office legal? They said it never got in to the judge and there is only one copy
Ray Choudhry
Ray Choudhry answered on May 26, 2019

Custody matters have to be approved by the judge.

Until the judge reviews and approves a custody agreement, there is nothing binding.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How do I respond to a petition for cause? How do I defend my majority parent appointment?

I live 66 miles from my previous address in Sangamon county. I didn't file a petition with the county clerks because the father and I had a verbal agreement. He and I have been maintaining out parenting agreement and getting along really well for over 12 months now, with my new address. He just... Read more »

Ray Choudhry
Ray Choudhry answered on May 24, 2019

If your daughter has been going to school where your are for the past year and the father went along with it, the court may very well find that there was an agreement of the parties to modify the parenting plan.

Why not come up with a new parenting plan that works for both of you....
Read more »

1 Answer | Asked in Child Support for Illinois on
Q: Can the custodial parent of a child file for back child support of a now 26 year old even though they never filed before

My biological father is apparently paying child support for another child he is responsible for. I was just wondering if there was any way to make him take the responsibility he should have taken a long time ago by paying child support for me. He knew I existed, he’s listed as the father on my... Read more »

Ray Choudhry
Ray Choudhry answered on May 24, 2019

Usual rule is child support starts from the filing of the paternity case or when the other parent is served with the summons.

Child support ends at age 18 or finishing high school but no later than age 19.

1 Answer | Asked in Child Support for Illinois on
Q: Child is in HS and custodial parent still doesn't work. Paying $1700/month. Can court force her to work and contribute?

Illinois. Divorced 15 years ago and paid 3 years of alimony so that the ex could go back to college. She had only completed college through her junior year. She took the money but didn't go back to college. The last of our 3 children will be turning 18 next year and ex has been living off child... Read more »

Ray Choudhry
Ray Choudhry answered on May 24, 2019

The court can impute income to a non-working parent.

Every case is different.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Do I need to file a restraining order against my ex wife?

My ex wife had left the state tried to get to take our daughters with her. I fought that and won. She still moved out of state alone and got married and then had 3 children. Her father just contacted me and has said that now she has left her new husband and taken 1 of her 3 children with her. The... Read more »

Ray Choudhry
Ray Choudhry answered on May 24, 2019

Go back to court to have the Parenting Plan modified.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Hello. I'm having some issues with my sons father him and I both have our own relationships. But have joint custody .

I get him every other weekend. And he treats me like he has more lean over me. His new gf wont allow me to see much of him they didnt even want to tell me when his doctors appointment was. I just dont know what to do, theres alot more than that

Ray Choudhry
Ray Choudhry answered on May 17, 2019

If you have every other weekend, why is there a problem.

You can call the police and they will force him to turn the child over to you.

As to say so over raising him, it depends on what the court order says.

Seems like an old order with custody and visitation.

You...
Read more »

2 Answers | Asked in Family Law and Divorce for Illinois on
Q: how long do you have to be separated for it to be considered legal
Ray Choudhry
Ray Choudhry answered on May 17, 2019

If you are referring to divorce, Illinois has irreconcilable differences as a grounds.

You do not have to be separated to have irreconcilable differences. However, if the parties have lived separate and apart for 6 months, there is an irrebuttable presumption of irreconcilable differences.

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1 Answer | Asked in Child Custody for Illinois on
Q: I had to give up custody of my son to my mother 7 yrs. ago due to domestic violence. How do i get him back
Ray Choudhry
Ray Choudhry answered on May 7, 2019

You go into the same court as gave her custody and ask the court to modify or terminate the previous order giving custody to your mother.

1 Answer | Asked in Child Support for Illinois on
Q: What if I have 144 overnights in odd years and 148 in even years? How is child support calculated?
Ray Choudhry
Ray Choudhry answered on May 5, 2019

You could figure out child support using each number and average the two.

Use the child support estimator: https://midamericalawoffice.com/illinois-child-support-estimator/

2 Answers | Asked in Child Custody for Illinois on
Q: so my mom had surrendered her parents rights.

but I want to know can I go and live with her because now I am 20 years old

Ray Choudhry
Ray Choudhry answered on May 4, 2019

Unless there is something missing, of course you can.

If she gave up parental rights, she can even adopt you.

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1 Answer | Asked in Probate for Illinois on
Q: How do I object someone who is seeking to become administrator of my father’s estate? He died intestate. Thank you
Ray Choudhry
Ray Choudhry answered on May 3, 2019

If you have a legitimate objection, you file an objection with the Probate Court.

Check with the court clerk as to how hearings on your objection are scheduled.

1 Answer | Asked in Family Law and Adoption for Illinois on
Q: My ex wife died. I have full custody of our son I've remarried. How hard would it be for my current wife to adopt my son

He has lived with us for 3 years and has had no contact with his birth mom for over a year

Ray Choudhry
Ray Choudhry answered on Apr 29, 2019

Unless there is something you have not mentioned, this should be a simple process.

2 Answers | Asked in Criminal Law, Family Law, Real Estate Law and Legal Malpractice for Illinois on
Q: Im still married and just found out my husband sold our home and forged my signature with a notary present. What to do?
Ray Choudhry
Ray Choudhry answered on Apr 25, 2019

forging a signature is a criminal offense.

see the police

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