Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Robert B. Buchanan
1 Answer | Asked in Divorce and Family Law for Illinois on
Q: If I was summoned in Illinois incorrectly do I need to show to the court date?

My husband has summoned me for a dna/parternity test as well as custody for our son. We had our son prior to our marriage, and he is not listed on the birth certificate. My son and I fled from Illinois for our safety, and my mother said a sheriff came to her house to give her summons for me, even... View More

Robert B. Buchanan
Robert B. Buchanan
answered on Jul 20, 2019

You should hire a lawyer to file a motion to quash service.

1 Answer | Asked in Child Support for Illinois on
Q: what does it mean when a child support case says off call

this case has been going on since 2003 child support

Robert B. Buchanan
Robert B. Buchanan
answered on Jul 17, 2019

That there are no motions or petitions that the court needs to decide.

If you want the judge to decide an issue you need to file a motion or petition.

2 Answers | Asked in Family Law and Child Custody for Illinois on
Q: Does the Petitioner's request that the Respondent provide proof of valid DL before every child exchange seem reasonable?

First, this is part of a proposed temporary parenting agreement in lieu of a final order. However, the Petitioner has been withholding the child from the Respondent for over a year in the absence of orders, and has justified this with a list of entirely false but severe allegations. That said, the... View More

Robert B. Buchanan
Robert B. Buchanan
answered on Jul 15, 2019

What's the basis of the request? Under what condition does this requirement ever end?

A never-ending baseless DL requirement is dracanion and unreasonable.

View More Answers

2 Answers | Asked in Child Support and Family Law for Illinois on
Q: Can the state force you to partake in child support. When both parents had agreed on voluntary child support agreement.

My husband never missed a month of voluntary child support in the past 5 years and the DHS is trying to force the father (my husband) into getting it court ordered. Refusing us services even though we are low income. We are friends with the mother and share the kids equally. We even help her... View More

Robert B. Buchanan
Robert B. Buchanan
answered on Jul 12, 2019

Yes, they can. But if you can get a judge to enter a nominal agreed court order it may work to alleviate the issue. Contact a lawyer to discuss.

View More Answers

1 Answer | Asked in Divorce for Illinois on
Q: How many attempts will a Sherrif make to deliver a divorce summons ? My spouse travels for work what is an alternative?

The first attempt was June 26th Is there alternative method of serving somone when you know for sure it’s hard to find them gone when they travel for 2-3 months at a time. I have the lawyer a schedule for the Sherrifs but his schedule can change often and vary.

Robert B. Buchanan
Robert B. Buchanan
answered on Jul 11, 2019

Hi! In Cook County, I believe they only promise one attempt.

You should serve the other party via special process server. It will be more effective and flexible.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: If you live with a man for 4 yrs and support him and he puts down your children very bad verbally abused do I have any

He is mentally abusive

Robert B. Buchanan
Robert B. Buchanan
answered on Jul 3, 2019

You have some legal options.

Contact an attorney for more personalized advice.

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: How can the State Of IL reopen a closed child support case from 2011, tell me I owe 16k when I was married with my wife?

I got divorced in 10/18 me and my ex wife have 50/50 custody my child support order signed by the judge with a diff amount. I received a letter from child support last week saying I owe 3x more a mon now which I dont understand and it shows it is from the old child support case from 2009 when me... View More

Robert B. Buchanan
Robert B. Buchanan
answered on Jul 3, 2019

The state child support agency is notorious for mismanaging child support accounts.

I wish I had better advice, but you may have to hire a law firm to work their way through the bureaucracy.

It's a broken system.

Best of luck.

1 Answer | Asked in Divorce for Illinois on
Q: My ex is not complying with d divorce judgement of giving me rent money fr d properties we split. Can i sue him?

He quit claim on 3 properties over a yr & I just started getting the full rent from 1 property. He stays on one apartment on 2nd property & wont move out & keeping $2000 rentals from the 3rd property.

Robert B. Buchanan
Robert B. Buchanan
answered on Jul 3, 2019

Your options are entirely dependent on the language in your judgment.

If he is violating the judgment you can sue him within the same case for enforcement.

You might be entitled to attorneys fees as well.

Contact a lawyer for personalized advice.

2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: wife want to split frm me & she is say take alimony & child support, i not been wrnkg 4 2 mnth she want house 2 go 4cls

The house has equity but the womens help group tells her to let it go in foreclosure then they will help her out she is mad that i dont have a job but she does not want to get one herself or drop out of school she is ranking up crt crd bills and i dont know those crs are in her name not sure what... View More

Robert B. Buchanan
Robert B. Buchanan
answered on Jul 3, 2019

There's some important steps you need to take to make sure you have the strongest case possible.

Child support is based on a formula and she doesn't get maintenance just for asking.

If your house has equity, then foreclosure might not be the best option.

Contact...
View More

View More Answers

2 Answers | Asked in Child Custody and Child Support for Illinois on
Q: How csn you get child support and back child support waived
Robert B. Buchanan
Robert B. Buchanan
answered on Jul 4, 2019

Possibly by agreement of the mother, but only if the court ok's the agreement as well.

View More Answers

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: Where can I get info about local attorneys who can give me an approx cost?

What if my husband doesn't pay the fees when I don't have the money to cover attorney fees.

Robert B. Buchanan
Robert B. Buchanan
answered on Jul 3, 2019

The cost of a divorce ranges from $2000-$15000 on average.

Many people either finance the divorce with credit or get help from family/friends.

If your husband has money your attorney may be able to get you reimbursed by filing a motion.

Contact an attorney for more personalized advice.

View More Answers

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: I need probono services for divorce/family law.

I have been married for 18 years in 2000 Aug. I have two kids ages 14 yrs, 9 yrs. We were married in India and are US citizens now. I have been homemaker for most of time I was married. I tried part time work but gave up due to health issues and to take care of kids. I am not sure how I can afford... View More

Robert B. Buchanan
Robert B. Buchanan
answered on Jul 3, 2019

What's your husband's income?

Do you have equity in your home?

The answer to those two questions will determine whether you need a pro Bono lawyer.

View More Answers

2 Answers | Asked in Divorce for Illinois on
Q: Petition for divorce was entered and Date set. Decided not to get divorced but now want to proceed. How do I reopen?

appearance was set for late November 2019.

Robert B. Buchanan
Robert B. Buchanan
answered on Jul 3, 2019

You may be able to file a motion to vacate and convince judge to vacate the dismissal order.

Whether that's a wise option depends on your judge, the dismissal date, and reason.

Contact a lawyer for more personalized advice.

View More Answers

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.