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Questions Answered by Ray Choudhry
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
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
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
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
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
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
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
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... Read more »

Ray Choudhry
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
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
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... Read more »

Ray Choudhry
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...
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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
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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1 Answer | Asked in Family Law and Probate for Illinois on
Q: Is a father's son's wife's (all dead) brother allowed to probate father's house when he has a living brother - no wills?

My father-in-law (Bob) his brother Norman (died) and had a deed to his house in his son's Len (died) name. Len's wife (Joann) died a week later. Now Joann's brother (Tom) opened probate cases on the estate of Len (for Norman's house) and Joann. Is he legally entitled to... Read more »

Ray Choudhry
Ray Choudhry answered on Mar 18, 2019

What do you mean had a deed to his house in his son's Len (died) name.

If Norman put the house in his son's name, it is the son's house and Norman has nothing more to do with it.

When the son died, it goes to the son's heirs.

Assuming he had no children,...
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1 Answer | Asked in Family Law for Illinois on
Q: is the admission of parentage only admissible when it is said during a proceeding to adjudicate parentage?

in an OP hearing, when the judge asked "you have two children together, is that correct", and my daughter answered "yes". He is NOT the father to the minor child. So my question: Is that the only court/hearing that "admission" could be used? IN A PROCEEDING to adjudicate parentage.

Ray Choudhry
Ray Choudhry answered on Mar 17, 2019

There are a lot of whereases to your question.

Please explain if there have been any other proceedings, such a child support.

Also, did the parties sign voluntary acknowledgment of paternity at birth.

3 Answers | Asked in Child Custody and Divorce for Illinois on
Q: I'm separated from my husband who has bipolar. I'd like to use a mediator but I want full custody. Is this recommended?

My husband and I are in good standing, but instability, physical/verbal abuse led to the separation. Due to his mental instability, I want full custody of our 1 1/2 year old son, but still want him to get some visitation rights. I'd like to use a mediator to save costs and the... Read more »

Ray Choudhry
Ray Choudhry answered on Mar 9, 2019

Illinois doesn't have custody/visitation anymore.

Instead, it uses parenting plans.

This is the recommended Parenting Plan form:

http://www.illinoiscourts.gov/Forms/approved/divorce/Divorce_with_Children_Parenting_Plan.pdf

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2 Answers | Asked in Family Law and Health Care Law for Illinois on
Q: I need to change the executor of my will, legal guardian and health care.

I also need assistance with durable power of attorney

Ray Choudhry
Ray Choudhry answered on Mar 8, 2019

These are legal documents that need to be properly drafted.

You probably need a will and powers of attorney for health care and property.

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1 Answer | Asked in Child Custody for Illinois on
Q: My husband took our children from my mothers and refuses to give them back to me. Is there anything I can do?

I am military and in the process of moving to a new location. I would like to take my children with me since their father does not work or have any support besides my income. I’m not sure if we can come up with a custody agreement or if I have to wait until I file for divorce?

Ray Choudhry
Ray Choudhry answered on Mar 6, 2019

Here is a sample parenting plan.

http://www.illinoiscourts.gov/Forms/approved/divorce/Divorce_with_Children_Parenting_Plan.pdf

It makes sense to come to an agreement on this.

Depending on how long the children have lived where they live and their ages, the court may decide...
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1 Answer | Asked in Divorce, Family Law and Landlord - Tenant for Illinois on
Q: My boyfriend's ex-girlfriend refuses to move out of his house. There is no lease and he is the owner. How do we evict?

Since there is no lease, how do we put in a "cause" for eviction?

Ray Choudhry
Ray Choudhry answered on Mar 3, 2019

Sometimes police presence results in the person leaving.

Otherwise, she has a month to month rental and has to be given a 30 notice to terminate the rental followed by an eviction proceeding.

If a person doesn't pay rent, you can use a five day notice to pay up before starting the eviction.

2 Answers | Asked in Bankruptcy for Illinois on
Q: Can I file after the sell of mortgage free home approx a year ago? Home was sold to son for fair market value.

We used money from sell of home to pay debt, work on and furnish a home we have financed. We are buried in debt now and went from 2 job household to one job household. We could afford pmts on home the house and a vehicle and that is it.

Ray Choudhry
Ray Choudhry answered on Mar 2, 2019

If the house was sold for fair market value, that is not a problem.

Probably the most important part of a bankruptcy is the ability to claim exemptions in assets.

You should see an experienced bankruptcy attorney who can analyze your situation.

Off the top, looks like you...
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2 Answers | Asked in Family Law for Illinois on
Q: Mt ex filed for child support ok cool but says I can’t be dad bc he has one already I live in Illinois them in Missouri
Ray Choudhry
Ray Choudhry answered on Feb 24, 2019

If she filed for child support, that means there is already a paternity case or she just filed one.

You don't pay child support until you are first established as the father.

You need to file a request for the court to enter a parenting plan in which will establish your and the...
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