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Questions Answered by Dennis Delman
2 Answers | Asked in Child Custody and Child Support for Illinois on
Q: My child just turned 18 and was wanting to move out how do we go about getting the child support sent to her instead
Dennis Delman
Dennis Delman answered on Aug 29, 2017

child support is received by the custodial parent until the child reaches majority, It does not go directly to the child,and is terminated when the child reaches majority,which appears to fit this fact situation

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1 Answer | Asked in Estate Planning for Illinois on
Q: What is the process by which to change the details of a will that's already been lawfully executed?
Dennis Delman
Dennis Delman answered on Aug 25, 2017

a codicil,or modification, is utilized to change the terms of a will

2 Answers | Asked in Estate Planning and Real Estate Law for Illinois on
Q: How long after a parent dies can the heirs take over the mortgage?

Also, what would an heir need from an executor to take over said mortgage?

Dennis Delman
Dennis Delman answered on Aug 24, 2017

If there is as probated estate,a court order or letters of office would allow the executor to pay the mortgage. without probate ,the heirs receiving the property can make the mortgage payments as they come due

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2 Answers | Asked in Federal Crimes, Family Law and Child Custody for Illinois on
Q: My mother in law took my children across state lines without my consent and will not give them back what do I do
Dennis Delman
Dennis Delman answered on Aug 19, 2017

It appears the children have been kidnapped,absent a court order. this is a federal offense and the FBI should be contacted

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2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: My ex who is my daughters father isnt on the birth certificate but willingly pays child support with out the court makin

Him.Can he use this against me in court to see my daughter even if he never ever sees her unless I make him and he doesn't do anything for her but give money amd he is mentally unstable and he lives with his abusive father my daughter grandparent?

Dennis Delman
Dennis Delman answered on Jul 22, 2017

he is the father of the child and has an absolute right to petition the court for parenting time.the court will determine the parameters of his visitation ,including supervised or not,duration and other aspects that impact on the best interests of the child

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2 Answers | Asked in Child Custody, Criminal Law and Family Law for Illinois on
Q: Im yrying to get a charge expunge of my record that i wasnt convicted or charged for. Trying to get custody of my son

And the foster mother is trying to take my son from me

Dennis Delman
Dennis Delman answered on Jul 3, 2017

if you weren't convicted of a crime,the charge alone can be expunged. It follows that that the charge should have no effect with reference to parenting time

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1 Answer | Asked in Child Support and Juvenile Law for Illinois on
Q: Can someone go to juvie for fighting there father
Dennis Delman
Dennis Delman answered on Jul 2, 2017

of course..if that certain someone began the altercation creating a battery and the father asserts his rights to bring charges

4 Answers | Asked in Divorce for Illinois on
Q: Today was to be the divorce if both parties agreed to terms. My attorney was a no show. What are my options

My attorney failed to discuss with me the proposal sent to him. Can I finish on my own?

Dennis Delman
Dennis Delman answered on Jun 30, 2017

unless the agreement was signed by both parties and the judge allows the parties to proceed,highly unlikely,your attorney needs to be present

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2 Answers | Asked in Child Custody and Child Support for Illinois on
Q: My daughter is 2, her father lives in Louisiana. Has not helped support her at all. What are my options?

He is not on the birth certificate and would not revise the voluntary paternity form. He has another daughter who is almost 6 and he shares custody for her. He has seen her twice in her life and has provided no support, financial or otherwise.

Dennis Delman
Dennis Delman answered on Jun 13, 2017

you need to file a paternity action in Illinois to establish the putative father. you can then have the court set a support order.

you can have him served with the lawsuit in Louisiana under Illinois law

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2 Answers | Asked in Family Law and Child Custody for Illinois on
Q: My ex-wife is petition to relocate w/ our almost 11 year old son to California. How do I respond? What's time frame?

We have pretty much split time during the last 8 1/2 years. He has stated he wants to stay in Illinois but mom is stating otherwise in the petition. Thank you.

Dennis Delman
Dennis Delman answered on Jun 9, 2017

she needs to file a removal petition with the court and obtain a court order allowing her to remove the child from the jurisdiction. this is not an easy task. the controlling statute requires numerous factors prior to granting a removal peition

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3 Answers | Asked in Estate Planning for Illinois on
Q: bought a house during the marriage wife name not on mortgage does the house go to wife after husbands death

He has other adult children outside of marriage. We live in Illinois bought a house during the marriage wife name not on mortgage does the house go to wife afer his death

Dennis Delman
Dennis Delman answered on Jun 5, 2017

the house is marital property and the wife is entitled to a portion of the house. her not signing the mortgage is not relevant.

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3 Answers | Asked in Divorce for Illinois on
Q: if I file for divorce how do I find out if my husband has a secret safty deposit box somewhere? Thank you Judy
Dennis Delman
Dennis Delman answered on Jun 3, 2017

there exists a period of time after the divorce is filed to ascertain each others assets. this is called the the discovery process that enables you to ask written questions, subpeona financial documents, ask verbal questions in the presence of a court reporter and under oath. parties also need to... Read more »

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3 Answers | Asked in Child Support for Illinois on
Q: Hi, what to do when your ex is threatening via text messages after he knows I open a childsupport case on him.
Dennis Delman
Dennis Delman answered on May 28, 2017

depending how threatening the message,he may be involved in a criminal act and the police should notified

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1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: I plan on relocating myself and child to another state, am I legally bound to notify my ex?

The facts: We (the child, myself, and father) reside in Illinois; I have taken him to court for child support; he hasn't taken me to court with a complaint to establish paternity and, thus, we've never had "custody" legally established.

Dennis Delman
Dennis Delman answered on May 26, 2017

yes. the law requires that you petition the court to remove a child from the jurisdiction. the statute clearly defines your burden of proof

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: My wife refuses to help pay any bills

Can i get a court order to make her pay half or at least some of the bills she works just like me

Dennis Delman
Dennis Delman answered on May 24, 2017

If you have not filed for divorce,the simple answer is no. The court has no jurisdiction over either of you to enter any type of order

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2 Answers | Asked in Estate Planning for Illinois on
Q: How do I obtain an Executor of Estate for my sister who passed away 6 years ago? There was no will.

I need an Executor of Estate for my sister who passed away 6 years ago. Need to obtain a car title that has been lost for her car. State of Illinois requires an Executor of Estate in order to obtain a new title. I only have death certificate. She had no will.

Dennis Delman
Dennis Delman answered on May 24, 2017

you do not need to file a probated estate or select an executor. you do need to prepare a small estate affidavit,with a copy of the death certificate and file with the secretary of state

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3 Answers | Asked in Divorce and Child Support for Illinois on
Q: My ex husband was ordered to pay our child education money every semester while in college. He has not done so.

What type of lawyer is needed to handle this? And does this need to be handled in the county in which it was ordered? Ordered in Lawrence County Illinois.

Dennis Delman
Dennis Delman answered on May 23, 2017

assuming that your decree provided for contribution to college,you would nee to petition the court,in perhaps, a contempt proceeding to effecuate compliance with the decree.

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3 Answers | Asked in Child Support for Illinois on
Q: I have full custody, but get help from my father with all expenses. Can I win support
Dennis Delman
Dennis Delman answered on May 23, 2017

yes, support is determined by the income of the non custodial parent,not your relative,who is under no legal duty to support your child

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3 Answers | Asked in Child Support and Family Law for Illinois on
Q: My daughter wants to sue her father for unpd support. She is 24, her brother is 21. Can she?

He fled 15 yrs ago. He just resurfaced w/wife and house address.

Dennis Delman
Dennis Delman answered on May 21, 2017

no, the mother can enforce past child support,not the child

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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?
Dennis Delman
Dennis Delman answered on May 21, 2017

no,it is Federal Law

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