Questions Answered by Ray Choudhry

Q: My ex husband is threating to take the kids if I get married. What can I do and can he do this without reason

1 Answer | Asked in Child Custody for Illinois on
Answered on Feb 21, 2018

Ordinarily, this alone would not be grounds for modification of the parenting plan.
View Details »

Q: If I just started a debt management agreement, can I get out of it and just file bankruptcy?

1 Answer | Asked in Bankruptcy for Illinois on
Answered on Feb 20, 2018

If you qualify, you can certainly file bankruptcy and reject the debt management agreement.
View Details »

Q: Would statement in a will establish a life estate in Illinois and if not what rights does it establish.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Answered on Feb 20, 2018

This is not a conventional life estate.

A conventional life estate would allow Bill to rent out the house or allow others to live in it.
View Details »

Q: Can the mother of my child move out of the city and take my 5 year old away from her school/family/friends?

2 Answers | Asked in Child Custody and Family Law for Illinois on
Answered on Feb 19, 2018

The Parenting Plan should spell this out.
View Details »

Q: I'm a retired IL state employee on a pension. In a divorce, can she claim part of that pension, my sole income?

2 Answers | Asked in Divorce and Child Support for Illinois on
Answered on Feb 19, 2018

If you are part of SERS then she can claim part of it based on length of marriage.

As to child support, this site shows how it is calculated:

http://midamericalawoffice.com/illinois-child-support-estimator/
View Details »

Q: If a will has been filed for a deceased person with a home, shouldn't there be a probate case file on record?

1 Answer | Asked in Probate for Illinois on
Answered on Feb 18, 2018

If the will was lodged with the court, the first thing to do is get a copy of it and read it.

It may be that the will not probated because there was nothing to probate.

The house may have been in joint tenancy with someone else, in which case it became property of other person and probate was not necessary.
View Details »

Q: Hi if you married and your husband doesn’t work but he’s on child support and the wife work who will pay child support

1 Answer | Asked in Child Support for Illinois on
Answered on Feb 18, 2018

You can estimate the child support at this website:

http://midamericalawoffice.com/illinois-child-support-estimator/
View Details »

Q: If 2 people have a child, never married, & there is no court order can 1 parent involve the police to take the child

1 Answer | Asked in Child Custody and Family Law for Illinois on
Answered on Feb 7, 2018

She needs to get a paternity case filed so the court can decide a parenting plan for the child.
View Details »

Q: My mother recently died without a will. Should I wait for the state to contact me about probate? She owns real estate.

1 Answer | Asked in Probate for Illinois on
Answered on Feb 7, 2018

The state is not going to contact anybody.

You are an heir and have a right to probate her estate.

That means collect her assets, including selling the house, and pay her bills.

What is left goes to her heirs.
View Details »

Q: Family law

1 Answer | Asked in Family Law and Probate for Illinois on
Answered on Feb 6, 2018

If she did not open an estate, you or you father have a right to open one and be appointed administrator.

As such you have a right to all information concerning your brother.

It may very well be that everything was jointly owned by him and the girlfriend.

If so, there would be nothing to probate.

Bottom line, you can spend your money to get appointed.

If you find nothing, you are out what you spent.
View Details »

Q: Mom passed in 2013. Saw a probate case from 2006 online. Could it be hers since she was still alive? Chicago, IL

1 Answer | Asked in Probate for Illinois on
Answered on Jan 26, 2018

She could have been listed on a case to do with someone else, such as a relative.

Contact the Clerk of Court to find out how to get copies.
View Details »

Q: does he need a lawyer establish paternity and have the judge reserve child support pending his getting a job?

1 Answer | Asked in Child Support for Illinois on
Answered on Jan 21, 2018

It's not easy to do it yourself, so most people hire an attorney.
View Details »

Q: no there's no court order. i have been doing research because he haven't paid for child support and it's been a year.

1 Answer | Asked in Child Support for Illinois on
Answered on Jan 21, 2018

If there is no court order, there is nothing to modify.

He should go to court and establish paternity and have the judge reserve child support pending his getting a job.
View Details »

Q: My daughter's father has sole custody of her but she wants to live with me now. She is 11 yrs old. What can I do?

1 Answer | Asked in Family Law and Child Custody for Illinois on
Answered on Jan 21, 2018

You could file a petition for modification and ask for a new parenting plan.
View Details »

Q: my husband haven't paid child support because he haven't got job yet. will i be responsible? we have 2 kids too

1 Answer | Asked in Child Support for Illinois on
Answered on Jan 21, 2018

You don't owe his child support.

Is there a court order for him to pay support. If so, he needs to go to court to modify it to reduce and/or stop it.
View Details »

Q: Can I sue my mothers cousin for obtaining a family heirloom from her under false pretence and never returning it?

1 Answer | Asked in Family Law and Probate for Illinois on
Answered on Jan 21, 2018

If mother is alive, she can settle it.

Otherwise, you will need proof that she gave up ownership.
View Details »

Q: I have four children, one that is disabled. My husband left me, and now I do not know what to do. Who do I contact?

1 Answer | Asked in Divorce for Illinois on
Answered on Jan 21, 2018

For a divorce, an attorney.

For child support, contact Public Aid and they will put you in touch with child support services.
View Details »

Q: How long does a person have to put property through probate?

1 Answer | Asked in Probate for Illinois on
Answered on Jan 19, 2018

As of now, the great aunt owns the property.

If she had a will and the executor does not probate the will, any heir can ask to probate it.

Once the estate is opened, it will go according to the will.

If it went to mother and aunt, each will receive one-half.

The mother's estate will have to be probated to give her share to those in her will or her children.
View Details »

Q: I have to pay alimony and i have a lot of buisness expenses i drive for uber

2 Answers | Asked in Divorce for Illinois on
Answered on Jan 19, 2018

In business your gross income is the income after expenses.

You still have to pay taxes on it.

This is the same as gross income from wages.
View Details »

Q: Hi I want to know what is a contact person on someone's will?

1 Answer | Asked in Estate Planning and Probate for Illinois on
Answered on Jan 19, 2018

She seems to have said that she updated your contact information.

That doesn't mean they will contact you.

Looks like they don't show your name on any of her accounts.
View Details »

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.