Questions Answered by Ray Choudhry

Q: Can someone please explain the legality of assigning contracts for a fee without a real estate and/or brokers license?

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Aug 15, 2018
Ray Choudhry's answer
Please explain what you mean by assigning contracts.

Give an example.

Q: Can my ex ask to increase the amount I pay in child support because after I went through bankruptcy I have less debt?

2 Answers | Asked in Bankruptcy and Child Support for Illinois on
Answered on Aug 15, 2018
Ray Choudhry's answer
How old is the child support order anyway.

That's because for a long time the court order has said so much for both and not so much each.

If that is the case, your child support doesn't automatically drop.

Also, now there are new guidelines to calculate child support. The guidelines rely on income of the two parents.

Q: My daughter has been living with me for the past 10 months. Just today her mother called the cops and me and took her

1 Answer | Asked in Family Law for Illinois on
Answered on Aug 14, 2018
Ray Choudhry's answer
That's the problem with not doing it properly.

The court orders don't change by themselves.

Since you had her for 10 months, you should petition for a change of parenting plan giving you more time and decision making.

Q: even though I don't want to do this, how would I go about giving up my rights and not have to pay child support.

1 Answer | Asked in Adoption, Child Custody and Child Support for Illinois on
Answered on Aug 13, 2018
Ray Choudhry's answer
You can't force her husband to adopt.

So, you are stuck.

But, you can assert your rights to be more involved with your child.

If you stay with it, you will get a court hearing.

Q: What If I receive my inheritance before filing for bankruptcy, can I send a part of it to someone I'm owing some money.

1 Answer | Asked in Bankruptcy for Illinois on
Answered on Aug 13, 2018
Ray Choudhry's answer
If you transfer assets prior to filing bankruptcy, the trustee can get them back.

This includes repaying debts over and above normal.

Q: Spouse is not paying court assigned maintenance. In Illinois, what is law regarding missed payments?

2 Answers | Asked in Divorce and Family Law for Illinois on
Answered on Aug 13, 2018
Ray Choudhry's answer
You can take him to court for contempt (rule to show cause).

Q: Can I still use my inheritance for personal need after filing for bankruptcy in the USA

2 Answers | Asked in Bankruptcy for Illinois on
Answered on Aug 13, 2018
Ray Choudhry's answer
This is a complicated question which turns on how, what and when you received or will receive your inheritance.

Need more information to answer your question.

Q: Filed ch 7 in 2009, currently in ch 13 want to convert to 7 but read that if i convert it wont be dischargeable?

2 Answers | Asked in Bankruptcy for Illinois on
Answered on Aug 9, 2018
Ray Choudhry's answer
A new Chapter 7 can be filed 8 years after the filing date of the previous one.

If you file a Chapter 13 within the 8 years and convert to Chapter 7, the date of filing does not change.

No Chapter 7 Discharge.

If it was different, then a person could file a 13 and convert to 7 right after getting a discharge on the first 7.

As far as dismissing the 13 and then filing a 7, there are certain waiting periods.

Consult a bankruptcy attorney.

Q: Can both parent sgo in an agreed amount to be paid on child support to court???

1 Answer | Asked in Child Support for Illinois on
Answered on Aug 6, 2018
Ray Choudhry's answer
Usually the court approves the agreement of the parties unless it is one-sided.

Q: Hi I reside in Illinois. If my ex (not husband) refinanced and received 43k would he have to pay child support off this?

1 Answer | Asked in Child Support for Illinois on
Answered on Aug 5, 2018
Ray Choudhry's answer
Getting a mortgage is not income.

If he puts the money in savings and collects interest, that would be income.

$40,000.00 at 2% interest is only $800.00 a year.

Q: My 14 year old daughter wants to live back with me (Mom) but dad won’t allow it. We’ve already had nasty custody battles

1 Answer | Asked in Child Custody and Family Law for Illinois on
Answered on Aug 5, 2018
Ray Choudhry's answer
You will have to file a petition to request a change in the parenting plan.

Both of you get a chance to tell the judge why it should change or stay the same.

The judge might even listen to what the daughter has to say in chambers.

If you think GAL may not be impartial, you may be able to convince the judge to appoint a different one.

Q: My husband got summons to court he found out he has a little boy and he is a ward of the court. What will happen

1 Answer | Asked in Family Law and Child Custody for Illinois on
Answered on Aug 5, 2018
Ray Choudhry's answer
Lots of things can happen.

The child could be placed with the father.

If not, there is the question of child support.

Q: In Illinois, can you have child support ordered back to the date the custodial parent filed for support?

1 Answer | Asked in Child Support for Illinois on
Answered on Aug 5, 2018
Ray Choudhry's answer
In general, child support is retroactive to date of service.

However, given the circumstances, the judge can go back further.

Q: My son is refusing to pay his ex child support and is buying things instead and keeping the receipts. Does that count?

1 Answer | Asked in Child Support for Illinois on
Answered on Aug 3, 2018
Ray Choudhry's answer
It is in both their interests to have a court order entered.

That will do away with disputes of this kind.

If there is a support order, the child support will be taken out of his paycheck.

Q: When is the Sherrif's Office responsible for pursuing theft from my late Mom's house from an in-law vs. the State Attorn

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Illinois on
Answered on Jul 31, 2018
Ray Choudhry's answer
If you take something that belongs to you, that is not stealing.

Sounds like a civil dispute.

To bring it to a head, you need to open an estate for your mother and file a Citation to discover assets that may have been concealed, converted or embezzled.

Q: If you establish a trust do you still need a will?

1 Answer | Asked in Estate Planning for Illinois on
Answered on Jul 27, 2018
Ray Choudhry's answer
Yes. To cover the unforeseen.

Sometimes assets are left out of the trust or may not have been put in.

Those are passed through the will.

Q: Mother passed away in Illinois without a will. I live in Texas, do I need to file a claim with probate to receive assets

1 Answer | Asked in Probate for Illinois on
Answered on Jul 27, 2018
Ray Choudhry's answer
Was she married at time of death.

If not, you would be entitled to be appointed administrator.

Why don't you take charge.

Q: Recently went through a child custody battle. Opposing lawyer is now asking for fees to be paid? Advice on combating it

1 Answer | Asked in Child Support and Family Law for Illinois on
Answered on Jul 24, 2018
Ray Choudhry's answer
The judge decides if the fees are reasonable.

After that who should pay how much of the fees.

The judge will take into account assets and ability to pay of both parties.

Q: I have a private mortgage and the lender died. Can lender's family and probate judge make me refinance?

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Answered on Jul 22, 2018
Ray Choudhry's answer
There is a note and mortgage.

The note says when the payment is due.

Most notes say that the terms of the note apply to assigns and heirs.

His estate will own the note.

The terms of the note don't change.

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