Questions Answered by Ray Choudhry

Q: How to get out of supervised visits when the GAL is biased and can be proven we keep getting moved around to different

2 Answers | Asked in Family Law for Illinois on
Answered on Jan 20, 2019
Ray Choudhry's answer
If a person does not follow a court order, the procedure is to file a contempt case against him or her.

Q: I want to get an amendment to my separation agreement/divorce decree.

1 Answer | Asked in Child Support for Illinois on
Answered on Jan 20, 2019
Ray Choudhry's answer
The case stays in North Carolina until the judgment is registered in some other state.

Q: My step children were taken away from their mother by DCFS. The mother has not stopped the child support what do we do?

2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Answered on Jan 17, 2019
Ray Choudhry's answer
You need to go to court to get a revised parenting plan and ask that child support stop.

You might even be entitled to collect child support from her.

Q: I am living at my grandams my cousin also lives there .....we got into an argument and i left for the weekend and came

2 Answers | Asked in Criminal Law and Family Law for Illinois on
Answered on Jan 17, 2019
Ray Choudhry's answer
You can sue her for damage to your property.

You could try to get an order of protection against her.

Grandma can go to court to evict her.

All of this involves going to court.

Q: I've paid child support for years but haven't seen son in 6 years. Can I have child support stopped

1 Answer | Asked in Family Law and Child Support for Illinois on
Answered on Jan 17, 2019
Ray Choudhry's answer
Child Support and Parenting Plans are two different things.

If you want to see the child, you should request it by filing the proper forms.

Q: If I'm paying child support, am I on the birth certificate?

1 Answer | Asked in Child Support for Illinois on
Answered on Jan 11, 2019
Ray Choudhry's answer
Looks like your name was not on the birth certificate.

Otherwise a DNA test would not have been needed.

What you need is a parenting plan giving you parenting rights.

The fourth form on this web page is the recommended form in Illinois:

https://midamericalawoffice.com/divorce-forms/

Q: I receive a workers comp settlement 15 yrs ago while I was paying child support to x wife never told her and court

1 Answer | Asked in Child Support and Workers' Compensation for Illinois on
Answered on Jan 8, 2019
Ray Choudhry's answer
Were you required to report it?

Double check your court orders.

If you were and you short changed her, you could have to repay with interest and possibly face contempt of court charges.

Q: My employer has been taking child suport out of my check but not paying it in

1 Answer | Asked in Child Support for Illinois on
Answered on Jan 5, 2019
Ray Choudhry's answer
This is something the payee's attorney is supposed to take care.

There are penalties for employers for not forwarding the withheld child support in a timely manner.

Q: Do I have the right to receive stock my mother had as stock and not cash?

1 Answer | Asked in Probate for Illinois on
Answered on Dec 30, 2018
Ray Choudhry's answer
This estate is in probate.

It is either supervised or independent administration.

With independent administration she can do lots of things without reporting to the court.

Also, if there is a will, she has to do what the will says.

You need to contact the court and get copies of all the filings so you can see what is being done.

She has to do an inventory and accounting.

You have a right to question it by filing an objection and having a court...

Q: What type of lawyer deals with the Treasury Direct Account process

1 Answer | Asked in Business Law and Social Security for Illinois on
Answered on Dec 23, 2018
Ray Choudhry's answer
If this has to do with social security direct deposits, a social security attorney might be the one to contact.

Q: Is there a way to claim one of my kids through the Courthouse even while being on child support?

1 Answer | Asked in Child Custody and Child Support for Illinois on
Answered on Dec 22, 2018
Ray Choudhry's answer
Awarding exemptions is part of divorce and paternity proceedings.

A lot of factors are taken into account.

Income of the parties and the Parenting Plan are the most important.

File a Petition for Allocation of Exemptions.

Q: If a property in Wisconsin is owed by 4 siblings and one dies without a will does his share of property pass to his chil

1 Answer | Asked in Probate for Illinois on
Answered on Dec 22, 2018
Ray Choudhry's answer
It depends on how the Wisconsin property was deeded to the four siblings.

If it was in joint tenancy it belongs to the remaining siblings.

Q: Is child custody determined before a divorce can be finalized?

2 Answers | Asked in Child Custody and Divorce for Illinois on
Answered on Dec 18, 2018
Ray Choudhry's answer
Illinois no longer has custody and visitation.

Instead, it has parenting plans. These are for both divorce and paternity cases. They can even be used in Order of Protection Cases.

If there are children in a marriage, they are the most important part of the divorce.

It is highly unlikely that a court would grant a divorce without a parenting plan in place.

The usual rule is that the parties try to come to an agreed parenting plan. If they can't, the court will...

Q: Can I put a clause in a will that says I'll give money to my daughter UNLESS she moves abroad?

1 Answer | Asked in Estate Planning for Illinois on
Answered on Dec 6, 2018
Ray Choudhry's answer
If this is not for an unlawful purpose, the provision should hold.

You have an absolute right to disinherit children.

Q: My father is very ill, my mother is still living and estate goes to her and in both names. Does she need to probate?

1 Answer | Asked in Estate Planning and Probate for Illinois on
Answered on Dec 5, 2018
Ray Choudhry's answer
If father dies and everything is in joint names then it all goes to the joint owner.

If there is something in his name alone, it goes to the wife and children.

But there are spousal awards involved.

If there is something in his name alone, he needs to do a will. Not having a will makes it more complicated.

Q: I know little about this. If I file for bankruptcy and want to keep my house; can I keep my mortgage obligations?

3 Answers | Asked in Bankruptcy for Illinois on
Answered on Nov 28, 2018
Ray Choudhry's answer
The creditor may require you to sign a reaffirmation agreement.

Reaffirmation Agreements:

1. If you fail to keep up with payments and there is repo or foreclosure, you are stuck with any deficiency.

2. Timely payments may help build your credit.

Q: If my husband and I are the joint- with survivorship on his deceased grandmothers bank accounts can they be

1 Answer | Asked in Estate Planning for Illinois on
Answered on Nov 9, 2018
Ray Choudhry's answer
If it's a true joint account, no.

That's the whole point of setting up the account.

But, if it was a convenience account, other heirs or legatees could argue that it belongs to her estate.

The signature card that was used to set up the account may help.

That is because now accounts can be set up in a number of ways, including pay on death.

Q: how to sell a house

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Nov 6, 2018
Ray Choudhry's answer
The house still belongs to the grandfather.

His will has to be probated and the house transferred to his son, provided he had no bills. If he was on public benefits such as medicaid, the state may have liens that will have to be paid.

It is possible that a title insurance company may be willing to write a policy based on affidavit of heirship for the grandfather to avoid probate of his estate. The Affidavit would say that his sole heir was his son.

Worth a phone call.

Q: I have a life insurance policy on myself. The beneficiary owes child support.

1 Answer | Asked in Child Support and Estate Planning for Illinois on
Answered on Nov 5, 2018
Ray Choudhry's answer
The policy funds will go to the beneficiary.

The person owed back child support can get a court order to have these funds applied to the back child support.

Q: Child support gets taken out of my full-time job check. I'm getting a second job. How do I get child support taken out?

1 Answer | Asked in Family Law and Child Support for Illinois on
Answered on Nov 5, 2018
Ray Choudhry's answer
As long as the full amount of your child support is taken out of your one job, there is no need for it to be taken out of any other jobs you have.

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