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Questions Answered by Ray Choudhry

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 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...
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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 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 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 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 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 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 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 answered on Apr 25, 2019

forging a signature is a criminal offense.

see the police

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1 Answer | Asked in Child Custody for Illinois on

Q: My ex is moving to Louisiana and wants to take 1.5 year old son for 3 months out of the year. Will a judge allow this?

We are currently working on 50/50 custody at the moment but our son has been with me since birth. I live in Illinois and he would like to take our son to Louisiana for 3 months. He hasn't been consistent with his days to have him over night.

Ray Choudhry answered on Apr 18, 2019

If he hasn't been consistent, hard to see how judge would allow a full 3 months.

These kinds of cases are hard to predict.

2 Answers | Asked in Bankruptcy for Illinois on

Q: Can I have my chapter 13 dismissal because of a missed tax form reinstated

Ray Choudhry answered on Apr 16, 2019

"missed tax form reinstated"

What do you mean.

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1 Answer | Asked in Child Support for Illinois on

Q: How can I get the SS to stop payment for child support being taken out. the child is over 18 years old

I have court paper from the Judge stating that it was suppose to have stop once the child turned 18. But they are still taking the money out

Ray Choudhry answered on Apr 15, 2019

Somebody sent an order to Social Security to start taking it out.

They have to notify them to stop.

The paper you have may or may not be enough.

You may need a court order to stop it.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on

Q: Hi I wanted to buy a vacant land on the corner of a residential block (residential lot). Can I rent it for parking space

I plan to build a business/home tax office in the later future. I wanted to know if that's legal to do before I commit to buying the land. I wanted to rent parking spaces just temp. to make money but that's only short term while I gather money to build home/business.

Ray Choudhry answered on Apr 11, 2019

If you are in a city, the city's zoning laws control land use.

You need to go see the Zoning Office and find out what you can do with that lot.

Sometimes you can apply for variances but that is another matter.

1 Answer | Asked in Probate for Illinois on

Q: I'm a beneficiary in a will that has been in Probate for almost 3 years now I live in Iowa but the case is in Illinois.

I have no idea what to do at this point any advice would be greatly appreciated thank you

Ray Choudhry answered on Apr 11, 2019

When someone opens an estate, they have deadlines.

Within 60 days they have to file an inventory.

Within 14 months they have to file an accounting.

If you did not receive these, you should contact the court to find out what is going on.

Even though you are a...
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1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on

Q: Divorce/Child Support !read the more information!

This is about my divorced parents and 14 year old brother. My mom has my father pay $1000 a month for child support (it has not gone through the court ) she has scared him into thinking the court will make him pay up to $2000 or more (My Father installs Carpet for a living) and that he will no... Read more »

Ray Choudhry answered on Apr 9, 2019

He needs to take a look at his divorce judgment to see how much and how he is to pay the child support.

If he was to pay it through the court and isn't doing it, he may be building up an arrearage.

Child support and visitation are treated as two separate issues.

2 Answers | Asked in Probate and Estate Planning for Illinois on

Q: My father died without a will. His wife is selling their home. Are his children entitled to any profit from the sale?

His estate went to probate court at the time of his death, 3 years ago. Nothing came from it.

Ray Choudhry answered on Apr 9, 2019

After an estate is opened, the Administrator has 60 days to file an inventory and send a copy to all the heirs.

As an heir you would have received a copy.

It looks like the house was in joint tenancy with the wife and when he died it went to her.

You can get a copy of the...
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1 Answer | Asked in Family Law for Illinois on

Q: Can we obtain a modified order based on birth of new children?

My husband has a current child support order for $862/mth for 2 children. The oldest son who is 18 is about to finish high school & we were told he needs to submit a modified order. Three months ago we had twins & we wanted to know if the new addition can be factored in the new order? We understand... Read more »

Ray Choudhry answered on Apr 8, 2019

As long as the court order says he is the father and is not changed, he has to pay child support for her.

Use this Illinois child support estimator to see how much the child support could be:

https://cscwebext.hfs.illinois.gov/CscWebEx/app/estimator?execution=e1s1

3 Answers | Asked in Bankruptcy for Illinois on

Q: You: Hello. I filed for chapter 7 in March but filed my 2015,2016,2017 ammendment from IRS. What happens to the money..

Im expexting over 6k back

Ray Choudhry answered on Mar 31, 2019

The date you filed your bankruptcy is the magic date.

You also claimed exemptions.

If you didn't claim the tax refund as an exemption, it will have to be given to the Bankruptcy Trustee to pay your creditors.

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1 Answer | Asked in Child Support for Illinois on

Q: My children are 21 and 23 have always supported them. She has never filed child support but wants to now? Can she?

Can she file and get back child support? I have a 16 year old and I also support their mom is becoming difficult and wants to take me to child support and we've had an agreement with what I paid for over ten years now

Ray Choudhry answered on Mar 29, 2019

Your question is hard to understand when you bring in the 16 year old and say "I also support their mom".

2 Answers | Asked in Bankruptcy for Illinois on

Q: Personal Bankruptcy Question

My wife and I found ourselves in a considerable amount of debt in the last year because I had to take time off from my job and recuperate from surgery that I had. We just couldn't keep up with everything with the small amount of income that was coming in. We tried to do the right thing and create a... Read more »

Ray Choudhry answered on Mar 29, 2019

What you did was give away an asset that belonged to you prior to filing bankruptcy.

Giving away the house is no different than giving away money or stocks and bonds.

The Trustee has a right to get that house back and sell it to pay the creditors.

The Trustee won't have to...
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3 Answers | Asked in Family Law for Illinois on

Q: My wife dissipated her 401k, and the divorce is now finalized. Can I still file a dissipation claim?

I filed a motion in Aug requesting division of the marital home, in that motion I stated that she had made numerous 401k hardship withdrawals, then spent the money. At the trial opposing counsel filed and was granted a motion of limine. There is a court ordered sale of the marital home, the... Read more »

Ray Choudhry answered on Mar 19, 2019

There are strict rules about claiming dissipation.

It has to be done in a particular way and in a timely manner.

Motion in limine is used to prevent certain testimony in court.

Looks like you did not raise the dissipation issue properly and the other attorney was able to...
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