Get free answers to your legal questions from lawyers in your area.
Step-dad was not my legal guardian - ever (no adoption).
Step-dad married my mother when I was 12, I left home at 18.
He claims he deserves the back child support because he 'raised me for my childhood'.
Is the child support part of my mother's estate?... View More 
answered on Apr 2, 2018
The money is owed to your mother.
It goes to her estate.
If she had a will, it goes to whoever she designated.
Otherwise to her heirs. Half to husband and half to children.
HOWEVER, the husband is entitled to a widowers allowance off the top and whoever paid the... View More
I was married to someone else and my daughter is from another man. And my daughter has my ex husbans last name and not the actual father's last name.
answered on Apr 1, 2018
A lot of children in paternity cases don't have the father's last name.
answered on Apr 1, 2018
Unless there is some special reason, the arrearage can't be lowered.
It might be possible to lower each payment.
For example we have a Joint checking account as well as individual accounts. We also have a small brokerage account in both our names. How do we handle these on our individual affidavits? Thanks!
answered on Mar 28, 2018
You report that these accounts are in joint name with spouse.
Spouse does the same.
As to who gets what, the judge will decide unless you two agree.
They didn't have a Wil.
answered on Mar 27, 2018
One or more of the children need to open an estate and probate the assets.
The assets go equally to the children except that if a child predeceased then his or her share goes to his or her children.
There has been previous family issues growing up on his fathers side of the family that makes me concerned about my child to where, I am more comfortable with supervised visitations only
answered on Mar 26, 2018
If there is a court order, you need to ask the court to modify it.
If there isn't one, you need to get one.
They are called parenting plans.
answered on Mar 21, 2018
Read the trust language.
Most trusts allow them to be amended to make changes.
His visitation is every other week from Sun to Sun. Can his mother get his visitation while he is gone if he agrees?
answered on Mar 21, 2018
He can't just transfer his visitation to someone else.
The mother has to agree.
Death certificate and bank would not speak with them. They are only two survivors he was never married and no children. He was on va disability. What do they do to see if he had anything in his account and how do they make sure his account is closed. Please advise he has no estate no car nothing.
answered on Mar 19, 2018
If the only asset is the bank account and it has a small amount of money in it, they can do a small claims affidavit and try to get the bank to release the money.
Otherwise they will have to open an estate in probate court.
Been to court for custody. He moved to GA then back to IL. But refuses to let me see him and I barely can talk to him. He says it is a luxury to see me. I pay all expense for him to see me. But I still get denied and yelled at from my ex because I live in GA. How can I get visits or have him live... View More
answered on Mar 16, 2018
If the matter has never been to court, you will have to file a paternity case and in the case ask for a parenting plan which gives you what you are asking for.
The usual procedure is to send the two of you to mediation.
answered on Mar 16, 2018
Child support and visitation are two different issues.
If he wants more visitation, he should ask to amend the parenting plan to give him more.
If she is not letting him have the visitation that he is entitled to, he can take her to court for contempt.
He hasn't paid in 4 months
answered on Mar 15, 2018
No.
Those are two separate matters.
If you refuse visitation you could be held in contempt just like he could for failing to pay.
If he is working, why is his child support not coming out of his paycheck.
answered on Mar 14, 2018
Go to court to have his visitation rights modified or terminated.
Short of that, he has a right to have the police help him exercise his visitation rights.
He supposed ly made a new will out in Feb.2017 and left her everything. She was seeing someone the week before he died. The investigation took 3 months .they ruled suicide they came to a dead end. Said they had to put something down.are our two daughters don't get nothing
answered on Mar 12, 2018
If the will is valid, it controls.
If the children are underage or there is back support owed, there may be a claim against the estate.
support. She has a son from her 1st marriage, a daughter from her 2nd marriage & a daughter with my son (not married). They share 50% custody. She has basically gotten child support from all of them. She finally got a job & makes $83,000/year - not including the child support. My son pays... View More
answered on Mar 10, 2018
Advice:
Read the divorce papers.
Comply with the court orders.
That is all a party has to do.
We separated 2/2016. I filed for divorce 3/2017, but he would only see our daughter every other weekend since we got separated until the summer of 2017. We have been 50/50 for a few months now and now he wants to take her full time and have me pay him child support. I have never asked him for child... View More
answered on Mar 10, 2018
Looks like a parenting plan has never been entered.
Standard practice is for parties to agree and if they can't mediation.
If mediation doesn't work out, then the court has a trial and both parties bring their witnesses.
The test is always what is best interests of the child.
He owned a house on which there is a mortgage. Nothing has been done with the name on the mortgage and his girlfriend is living there and making payments. The mortgage is now in default. Will this affect my daughter's credit? They want to sell the house and evict the girlfriend. How should... View More
answered on Mar 8, 2018
The house will stay in husband's name until legally taken off through mortgage foreclosure or tax sale.
Only other way is for a probate estate to be opened and the house sold.
If the daughters are not on the note to the house, they have no liability.
Often, when a house... View More
I'm seeing a lawyer soon, so I'm not wanting specific legal advice, just generalities so I know what to expect. I take the kids to school, get them dressed, buy all the food for the house (including spouse), pay all the bills, give spouse money occasionally, work on school projects and... View More
answered on Mar 6, 2018
Illinois did away with percentages for child support.
The new formula compares both incomes and parenting time.
My father owes back child support for over 20 years now. My mom received a letter and a check for back chi;d support last year. I don't know if she is receive payments. My question is can the payments be sent to me instead?
answered on Mar 5, 2018
The child support always belongs to the custodial parent and not the child.
Your mother can keep the money or give it to whomever she wants.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
