Before taking any self-help action and terminating child support payments on your own, you should first consult an attorney who will review the situation as well as the current child support order. I have handled cases similar to yours, and what happens is there will need to be a motion filed to...Read more »
Potentially both. It is impossible to address all possible circumstances where liability might be imposed without more information than what you have provided. You should consult an attorney immediately in order to protect and preserve your rights. There are strict time limits governing suits for...Read more »
The union is not a party to the dissolution of marriage and therefore cannot be ordered by the court to accept a QDRO. Most employers and other organizations if requested to do so will provide guidelines dealing with QDRO forms they will find acceptable. Your attorney will assist you in drafting a...Read more »
The short answer is no. As long as the court order is in effect, all parties must comply. The solution may be to file what's called a "Petition to Modify Allocation of Parental Responsibilities." Consult a lawyer for details on how to go about doing that in your particular case. Also, if there is...Read more »
My stepdaughters BIRTHMOTHER has not seen or spoken to her in 7 years. I have been the active mother in the relationship. She calls me mom, shes under my insurance and ive financially and emotionally supported her since the day I met her. Her BIRTHMOTHER has been taken to court and my husband has... Read more »
Yours sounds like a fairly straightforward stepparent adoption matter. Adoption is an important legal step and should only be handled by an attorney practicing in your area. I would discourage you from DIY.
After having an affair, the women I had an affair with is pregnant. I'm trying to save my marriage and family and want nothing to do with this child. Would like to have no contact from the mother of the child as well.
You cannot voluntarily relinquish your parental rights in Illinois unless you consent to adoption by another party and the court terminates your parental rights. However, at this point it is premature to determine whether in fact you are the father. If the child is born alive, paternity may easily...Read more »
You have asked an important and potentially complicated question. Before answering any further, I must tell you that there are strict time limits for filing any wrongful death case. For that reason, you should talk to a lawyer immediately in order to protect and preserve your rights. Having said...Read more »
Certainly the fact that your ex-spouse has caught two DUI's in 4 months is an important consideration in a potential change of custody case. It is a warning sign, particularly if the children were exposed to danger. The court will weigh all the substantial changes in circumstances as they bear on...Read more »
File a motion to modify child support IMMEDIATELY. You should have a lawyer do this for you. The court generally will not terminate your child support obligations retroactively any earlier than the date you file the motion. If the mother has any income or assets, you should ask the court to impose...Read more »
It is discretionary with the prosecutor whether to petition to revoke your court supervision. Their decision will depend on a number of factors, including the original charge for which you received court supervision, whether you complied with all the conditions of court supervision (fines, classes,...Read more »
Generally speaking, Illinois courts will not award child support retroactively (so-called "back child support") earlier than that date the application was filed and notice given to the other party. However, you should request retroactivity in your pleading. The court has the equitable power and...Read more »
Illinois utilized a point system with regard to traffic tickets. Currently, the Illinois Secretary of State's office assigns twenty points for EACH disobeying a stop sign violation where you are convicted of the offense. It does not matter that all your tickets were received on the same day if they...Read more »
Under current Illinois statutes, driving under the influence of marijuana requires blood levels of five or more nanograms of THC or a saliva test measuring ten or more nanograms of THC. Trace amounts no longer constitute "positive" test results. Your stepson should just wait for the lab results. In...Read more »
My ex-wife and I have joint custody of our 3 children. We live about 8 blocks from each other and get along fairly well. She told the children yesterday that if they tried to walk from her house to mine that she would call the police and declare them a runaway.
Sounds to me as though you might have grounds for challenging and modifying the current joint custodial arrangement, especially of your ex-spouse is engaging in other threatening and intimidating behavior toward the children. I am assuming your ex-spouse is losing control of the children for her to...Read more »
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