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Questions Answered by Gary W. Wangler

2 Answers | Asked in Wrongful Death for Illinois on

Q: Can I file a wrongful death claim against a drunk driver that killed my husband?

Gary W. Wangler answered on Jul 29, 2017

Of course. Consult an attorney immediately as there are strict time limits to this kind of case. If you call my office I will answer any questions you may want to ask, free of charge.

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3 Answers | Asked in Child Support and Family Law for Illinois on

Q: My 17yr old daughter moved in with her boyfriend and his family. Do I have to still pay ex wife child support

My ex wife does not provide any support to my daughters boyfriends parents

Gary W. Wangler answered on Jun 29, 2017

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 »

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2 Answers | Asked in Wrongful Death for Illinois on

Q: For a death resulting from a fire in an unsafe structure, would the landlord or the city be legally responsible?

Gary W. Wangler answered on May 26, 2017

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 »

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5 Answers | Asked in Divorce for Illinois on

Q: Union says it won't accept qdro in divorce settlement. Can the union do this?

Gary W. Wangler answered on May 21, 2017

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 »

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

Q: Parents have equal days with a 14 yr. Daughter can she make the decision to stay with only one parent

She is cussed and slapped by the one that she wishes not to see this has been seen by other people

Gary W. Wangler answered on May 15, 2017

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 »

3 Answers | Asked in Adoption and Family Law for Illinois on

Q: How do i proceed with stepparent adoption?

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 »

Gary W. Wangler answered on May 14, 2017

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.

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3 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on

Q: Can you voluntary relinquish your parental right in Illinois?

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.

Gary W. Wangler answered on May 11, 2017

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 »

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4 Answers | Asked in Wrongful Death for Illinois on

Q: Can you sue the government in a wrongful death case?

Gary W. Wangler answered on May 5, 2017

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 »

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3 Answers | Asked in Child Custody for Illinois on

Q: MY EX GOT 2 DUI IN LAST 4 MONTHS AND HAS CUSTODY OF OUR 2 MINOR CHILDREN . CAN I GET CUSTODY

MY EX GOT 2 DUI IN LAST 4 MONTHS AND HAS CUSTODY OF OUR 2 MINOR CHILDREN . CAN I GET CUSTODY

Gary W. Wangler answered on May 2, 2017

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 »

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3 Answers | Asked in Child Support for Illinois on

Q: What do I need to do to stop child support when my kids move in with me permanently. Mother is leaving the state.

Gary W. Wangler answered on May 2, 2017

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 »

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2 Answers | Asked in Personal Injury and Traffic Tickets for Illinois on

Q: I'm a 17 year old who is on court supervision, I just received a ticket for rolling a stop sign, will I lose my license?

Gary W. Wangler answered on May 1, 2017

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 »

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4 Answers | Asked in Child Support for Illinois on

Q: I'm just now filing for CS for my 10 and 5 year olds. Will I get back CS for them or will payments start fresh?

Gary W. Wangler answered on May 1, 2017

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 »

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3 Answers | Asked in Traffic Tickets for Illinois on

Q: I got multiple stop signs traffic ticket at one time in Illinois do I lost my license ? This is my first time

Gary W. Wangler answered on May 1, 2017

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 »

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1 Answer | Asked in DUI / DWI for Illinois on

Q: my stepson pulled over for pot dui took blood test results not in yet most likely positive what can we expect.

Gary W. Wangler answered on Apr 29, 2017

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 »

2 Answers | Asked in Child Custody, Divorce and Family Law for Illinois on

Q: Can a joint custody parent declare a child a runaway if they walk to their other parents residence?

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.

Gary W. Wangler answered on Apr 29, 2017

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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