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Questions Answered by Ray Choudhry
1 Answer | Asked in Child Support and Family Law for Illinois on
Q: My childs dad switched jobs and isn't providing insurance to avoid paying child support what can I do?

The father of my kids is on child support and is supposed to provide insurance for my 3 kids. He recently switched jobs and didn't report it to child support. He also isn't providing insurance for my kids like he should be and now I have multiple medical bills that I have to pay out of... View More

Ray Choudhry
Ray Choudhry
answered on Mar 4, 2018

Too many issues intertwined.

You need to discuss with a lawyer.

1 Answer | Asked in Probate for Illinois on
Q: My grandmother died in August 2017. Her house is still pending sale for her will to be distributed. My aunt is listed

As a beneficiary along with me. She passed away this morning and is not married, has no kids. Would her portion go to me based on my grandmothers will or would it go to her estate?

Ray Choudhry
Ray Choudhry
answered on Mar 4, 2018

Your grandmother's estate will be distributed according to her will.

If it has usual language, then your aunt's share will go to her estate.

With no children, her heirs are her father and brothers and sisters.

Assuming father is deceased, then it goes equally to...
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1 Answer | Asked in Child Support for Illinois on
Q: Can the court legally enforce custodial ex with 2 kids to get a job?

We have 2 school age children, she is selling stuff on ebay sporadically has a teachers license but won't work. My child support is paying the mortgage but she will have to refinance in 6 months to get my name off it. She won't be able to since she's had a sporadic work history and... View More

Ray Choudhry
Ray Choudhry
answered on Mar 3, 2018

No.

She is not paying child support.

Usually, the one ordered to pay support is the one ordered to look for a job.

If she can't refinance, you can request the court for sale of the house to take your name of the loan.

This should already be covered in your divorce judgment.

2 Answers | Asked in Child Custody for Illinois on
Q: Im being taken to court for Emergency petition to restrict parenting time

I quit my job because they wanted to drug test me an now my sons mom is taking me to court

Ray Choudhry
Ray Choudhry
answered on Mar 3, 2018

The Petition should say why they are requesting the reduction in parenting time.

They have to prove their case.

If you quit to avoid being found out as a drug user, then they can bring that up in court.

You will get a chance to tell your side of it.

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1 Answer | Asked in Probate for Illinois on
Q: May I contact the lawyer of the will for my daughter's deceased father? She is listed as a beneficiary.

It has gone to probate, so I do not know the status.

Ray Choudhry
Ray Choudhry
answered on Feb 27, 2018

Your daughter as heir and legatee is entitled to know everything that is going on in the estate.

Contact the attorney as to where he should send all the information.

1 Answer | Asked in Real Estate Law for Illinois on
Q: What course of action if any can a take on someone that walked out of a mortgage?

Back in May 2012 I purchased a house with my twin brother that is in California, he was supposed to move in Sept 2012. He decided to wait and stay at his job for another year and after that had some health issues and didn't end up moving out until 2015. Well it didn't last in 2016 he... View More

Ray Choudhry
Ray Choudhry
answered on Feb 24, 2018

Doesn't look like you have much to go on.

Gift letters are sent as gifts not to become part owner.

He didn't send you a partial down payment toward the purchase.

1 Answer | Asked in Child Custody for Illinois on
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
Ray Choudhry
Ray Choudhry
answered on Feb 21, 2018

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

1 Answer | Asked in Bankruptcy for Illinois on
Q: If I just started a debt management agreement, can I get out of it and just file bankruptcy?
Ray Choudhry
Ray Choudhry
answered on Feb 20, 2018

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

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Would statement in a will establish a life estate in Illinois and if not what rights does it establish.

The statement is as follows: To Bill I grant him the right to live in my residence located at 123 Washington St, Washington, Illinois, for as long as he wishes, provided that during such time he shall be responsible for all of the expenses of the home, including insurance, real estate taxes,... View More

Ray Choudhry
Ray Choudhry
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.

2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: Can the mother of my child move out of the city and take my 5 year old away from her school/family/friends?
Ray Choudhry
Ray Choudhry
answered on Feb 19, 2018

The Parenting Plan should spell this out.

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3 Answers | Asked in Divorce and Child Support for Illinois on
Q: I'm a retired IL state employee on a pension. In a divorce, can she claim part of that pension, my sole income?

I'm retired from the state and have been receiving pension payments for 4 years. Wife owns her own business. We have 3 kids with one at home (age 15) and 2 in college (ages 18 and 19}. House, 4 cars and about $75K in credit card debt are all in my name alone. Also, what percent of my... View More

Ray Choudhry
Ray Choudhry
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/

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1 Answer | Asked in Probate for Illinois on
Q: If a will has been filed for a deceased person with a home, shouldn't there be a probate case file on record?

I was informed that I was left in my neighbor's will for years of work I'd done for the deceased. One of the family members of the deceased verbally informed my brother that I am to receive a percentage of the home's sale after taxes. The home sold back in August of 2016 but I still... View More

Ray Choudhry
Ray Choudhry
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...
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1 Answer | Asked in Child Support for Illinois on
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
Ray Choudhry
Ray Choudhry
answered on Feb 18, 2018

You can estimate the child support at this website:

http://midamericalawoffice.com/illinois-child-support-estimator/

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: If 2 people have a child, never married, & there is no court order can 1 parent involve the police to take the child

The father has threatened the mother with taking their daughter. There is no child custody court order. The two never married. The father has the his mother (child grandmother) petitioning for guardianship of the child and has involved the police. What are the child's mothers options?... View More

Ray Choudhry
Ray Choudhry
answered on Feb 7, 2018

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

1 Answer | Asked in Probate for Illinois on
Q: My mother recently died without a will. Should I wait for the state to contact me about probate? She owns real estate.
Ray Choudhry
Ray Choudhry
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.

1 Answer | Asked in Probate and Estate Planning for Illinois on
Q: Family law

My brother passed away in 2017, he was living with his girlfriend of 20 years. My father was the next of kin and was never called and she made all the decisions. Our family has tried to ask her questions about finances etc but she has shut all of us out....do we have any rights?

Ray Choudhry
Ray Choudhry
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...
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1 Answer | Asked in Probate for Illinois on
Q: Mom passed in 2013. Saw a probate case from 2006 online. Could it be hers since she was still alive? Chicago, IL

passes Jan 2013

I have a case number but when I looked it up, it stated the first 2 numbers were the year. Could this be my mom, even though she was still alive? Or is it another woman with the same name since she was alive? How can we find out any additional details?

Ray Choudhry
Ray Choudhry
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.

1 Answer | Asked in Child Support for Illinois on
Q: does he need a lawyer establish paternity and have the judge reserve child support pending his getting a job?
Ray Choudhry
Ray Choudhry
answered on Jan 21, 2018

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

1 Answer | Asked in Child Support for Illinois on
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.

can he go to jail? his been looking for a job and no luck yet. what should we do so he doesn't get in trouble? we are having financial issues because im the only one is working.

modify needed? can the child support be change because his status change his married now w/ 2 kids to support.

Ray Choudhry
Ray Choudhry
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.

1 Answer | Asked in Family Law and Child Custody for Illinois on
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?

I don't have money for an attorney so if I keep her will he have to pay the court fees?

Ray Choudhry
Ray Choudhry
answered on Jan 21, 2018

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

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