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Questions Answered by Ray Choudhry
1 Answer | Asked in Child Support for Illinois on
Q: Hi I'm 16 pregnant by a 24 year old can i put him on child support without him getting arrested? I live in Illinois.
Ray Choudhry
Ray Choudhry
answered on Nov 26, 2017

You can't do anything.

Your parents can file a petition to establish parent/child relationship on your behalf.

The state's attorney is usually too busy chasing down robbers to get involved in this unless you want to press it.

Of course, he could deny that he is the father.

1 Answer | Asked in Family Law for Illinois on
Q: My husband has temporary custody of my daughter. I was recently told that he moved to Missouri leaving my daughter with

sister, what if anything can I do to get her back?

Ray Choudhry
Ray Choudhry
answered on Nov 26, 2017

If he has temporary custody, that means there is a court order.

You need to petition the court to modify the court order to give you custody.

There must have been a reason he got temporary custody instead of you.

By the way, Illinois no longer has custody and visitation....
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1 Answer | Asked in Divorce, Family Law and Real Estate Law for Illinois on
Q: Can I take the appliances?

My boyfriend and I are splitting up. My parents loaned him $3000 to buy the house and he never paid them back. Instead he bought the kitchen appliances with that money and banked the rest. I told him I am taking the appliances when I moved out and he called the police on me stating they were his.... View More

Ray Choudhry
Ray Choudhry
answered on Nov 26, 2017

The appliances belong to him because he paid for them.

He owes the debt to your parents and not you.

Even if you had loaned him the money, you could only sue him for the money and not help yourself to his property.

2 Answers | Asked in Family Law and Child Custody for Illinois on
Q: My 13 y.o brothers dad wants to voluntarily terminate his rights. I'm 19, can my mom and I take legal responsibility.

My mom has primary custody right now, but we read that his dad can't terminate rights without someone being willing to adopt.

Ray Choudhry
Ray Choudhry
answered on Nov 25, 2017

There is no such thing as voluntarily giving up rights.

It is possible that a court may approve a parenting plan where he has no involvement and does not pay child support.

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How do I go about getting a temporary order of visitation for the father?

Will I need a lawyer to do this? Is the process long? I have been allowing him to visit her at daycare I put her into, can he just leave with her? I allowed him to take her today for the first time for thanksgiving for a couple hours, it went well.

Ray Choudhry
Ray Choudhry
answered on Nov 23, 2017

Instead of custody and visitation, Illinois now has parenting plans.

If you can agree, you should both sign and have it approved by the court.

If not, the court will probably order mediation and if that doesn't work, have a hearing.

1 Answer | Asked in Family Law for Illinois on
Q: In IL, allowing father to take for visit before court ordered visitation, can he refuse to return her to me?

We have only established paternity, he has a laywer and I do not, to my knowledge he is going for 50/50. She is 3 months old.

Ray Choudhry
Ray Choudhry
answered on Nov 23, 2017

Since there is no court order and he is the father, he has equal rights.

Proposed that there be a temporary order for father visitation so you are protected.

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: What happens if money is found after an estate is closed and no beneficiary in the state of Pennsylvania?

My father passed away in 2012 and we have just now been notified of a pension he had after the estate was closed. We are his only heirs and the executors of the estate and there are no beneficiaries. What should we do?

Ray Choudhry
Ray Choudhry
answered on Nov 22, 2017

Usually pensions terminate upon death.

If he or his estate has money coming to him, then a claim with the pension plan should be filed.

1 Answer | Asked in Estate Planning for Illinois on
Q: Aunt is executor of grandmas estate. Her executor fees before inheritance is 25k of 95k estate. Should I contest this?

There is an amendment in the trust that she “in her capacity as Successor Trustee may receive a stipend of up to the sum of $25,000 as and for compensation for her services as Successor Trustee.” Does this mean she should take the entire amount on top of her inheritance? There was no house,... View More

Ray Choudhry
Ray Choudhry
answered on Nov 22, 2017

Stipend is a fixed amount.

It could mean grandma wanted her to take whatever she wanted up to $25,000.00.

1 Answer | Asked in Bankruptcy for Illinois on
Q: my wife was added to her parents deed for when they pass. If we file chap. 13 will this affect them

we are in a financially pinch because of a job loss, we are concerned that if we do chapter 13 that this will require her parents to be involved because she was added to the deed for when they pass to make things easier. This is a private matter to us and we don't want to involve anyone else.... View More

Ray Choudhry
Ray Choudhry
answered on Nov 20, 2017

If she was added to deed she is one-third owner.

Also, if there is a loan, depending on when it was obtained, her interest could be free and clear.

You need to consult with a bankruptcy attorney.

There is no way to get around reporting this ownership interest.

1 Answer | Asked in Family Law for Illinois on
Q: Do fathers with no paternity proof have any legal rights to children?
Ray Choudhry
Ray Choudhry
answered on Nov 17, 2017

How does anybody legally know he is the father.

1 Answer | Asked in Family Law and Probate for Illinois on
Q: My husband father passed away when he was a child and his grandmother raised him she also has 3 adult children if she

Does not have a will , do they split everything that would have went to his deceased father we are in Illinois

Ray Choudhry
Ray Choudhry
answered on Nov 16, 2017

When somebody dies without a will, it goes half to spouse, if there is one, and half to children.

If any child has predeceased, his or her share goes to that child's children.

1 Answer | Asked in Civil Litigation and Estate Planning for Illinois on
Q: Can an executor of an estate be arrested for stealing from an estate account?
Ray Choudhry
Ray Choudhry
answered on Nov 10, 2017

Theft is a crime and can be prosecuted.

An executor is charged with administering the estate and has to give accounting to all interested parties.

1 Answer | Asked in Child Support for Illinois on
Q: Child support held in abeyance due to incarceration. Now ex is getting SSI. Claims she still doesn't have to pay.
Ray Choudhry
Ray Choudhry
answered on Nov 4, 2017

She is right.

SSI can't be used to pay child support

SSI is based on need.

1 Answer | Asked in Child Support for Illinois on
Q: Me and my girlfriend just had our newborn. The hospital wants me to sign a child support paper. Is this required?

We live together and don’t plan on leaving each other at all. Will they force me to pay child support

Ray Choudhry
Ray Choudhry
answered on Nov 4, 2017

They can't force you to do anything.

They are offering you a chance to acknowledge paternity and have your name placed on the birth certificate.

3 Answers | Asked in Divorce for Illinois on
Q: does spouse have to be served to complete a divorce?

He won’t give me an address and told me to do the divorce without him.

Ray Choudhry
Ray Choudhry
answered on Nov 3, 2017

Yes.

But service can be by publication if you don't know where he is.

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1 Answer | Asked in Child Support for Illinois on
Q: Is a change in parenting time considered a substantial change in circumstance to modify child support?
Ray Choudhry
Ray Choudhry
answered on Nov 3, 2017

It depends on much of a change.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I am joint owner on house with my brother. I want to sell. He doesn't. What do I do
Ray Choudhry
Ray Choudhry
answered on Nov 3, 2017

You have to go to court to break the partnership and order sale of house.

1 Answer | Asked in Family Law for Illinois on
Q: In illionis if you are not married who has custody of the child?

My son currently lives with his father. We were not ever married. And he wont bring him or even let him stay at my house. He lives 2 hours away. Since we werent married and never etablished anything in court, who has actual custody of him?

Ray Choudhry
Ray Choudhry
answered on Nov 2, 2017

Technically neither of you have "custody" of the child.

However, if the police get involved they are likely to leave the child where he is until a court orders otherwise.

1 Answer | Asked in Adoption for Illinois on
Q: What is the cost of adopting your step child in Illinois with the other parents permission?

Is it necessary to have an adoption attorney in this process if everyone is peaceful about the situation?

Ray Choudhry
Ray Choudhry
answered on Nov 2, 2017

Different lawyers charge different ways.

Call some adoption attorneys in your county.

4 Answers | Asked in Traffic Tickets for Illinois on
Q: Court supervision

10 months ago I got 3 months court supervision for 2 moving violations which was satisfied.

Last week I received another moving violation.

Will the supervision tickets go toward the DL mandatory suspension?

Ray Choudhry
Ray Choudhry
answered on Nov 1, 2017

If you got supervision, they should not show up on your record as convictions.

That is the whole purpose of supervision.

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