Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Dennis Delman
2 Answers | Asked in Child Support and Family Law for Illinois on
Q: Is this legal and what do I do?

My boys father who is custodial parent moved my youngest out of state without my permission or me knowing till my child told me. He left my oldest in Illinois with one of his friends. I am also paying child support to him for the child who does not live with him.

Dennis Delman
Dennis Delman answered on May 20, 2017

you need leave of court to remove a child from the jurisdiction,,you need to go to court and petition the court to abate your child support and request the child be returned to Illinois

View More Answers

3 Answers | Asked in Estate Planning for Illinois on
Q: Sister put property in a trust for herself after mom died is this legal ?

sister had a lawyer put mom's house in a trust for only her after mom died it was suppose to be split equally. This was done without me knowing anything I never got any info at all of the estate refuses to disclose anything to me what can I do about this ?

Dennis Delman
Dennis Delman answered on May 19, 2017

yes,if mom had the mental capacity when she signed the trust agreement it is valid..you can disinherit your children under Illinois law

View More Answers

2 Answers | Asked in Estate Planning for Illinois on
Q: What is a living trust and how is it different from a will?
Dennis Delman
Dennis Delman answered on May 17, 2017

simply ,a trust is an estate planning document that allows transfer of property upon death without probate

View More Answers

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Illinois on
Q: I have a question about emancipation.If I was a ward of the state of WI but am a IL citizen, which court do I go to?

Both my parents passed away, I was a ward of the state of WI however my aunt became my legal guardian And I am now a IL resident. I'm 17 and I'm not sure where to go to court for emancipation. Would it be WI because I was a ward of the state there? Or IL because my legal guardian and I... Read more »

Dennis Delman
Dennis Delman answered on May 14, 2017

Wisconsin

View More Answers

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.

Dennis Delman
Dennis Delman answered on May 11, 2017

only if the mother agrees and the child would not become a burden on the state

View More Answers

3 Answers | Asked in Child Custody for Illinois on
Q: i'm 16 the father of my child is 19 going on 20. if i want full custody could i be granted that. he is overage
Dennis Delman
Dennis Delman answered on May 10, 2017

yes, if it is in the best interest of the child for you have have primary custody. Illinois law defines various factors taken into consideration to determine best interests

View More Answers

5 Answers | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: Do I have to make my son go with his dad?

My husband filed for divorce, he is demanding to take our 13 year old son out if state for 5 days. Our son does not want to go, he us afraid his father won't bring him back. Do I have to force my son to go or can be say no? There is no parenting plan or court orders in place. We have not seen... Read more »

Dennis Delman
Dennis Delman answered on May 10, 2017

If it is the dad's scheduled court order visitation,and there is no reasonable justification that dad will act inappropriately, it is your duty to foster a good relationship and encourage visitation. However, if you REASONABLY believe your so may be in harms way,of course not

View More Answers

2 Answers | Asked in Divorce for Illinois on
Q: If a person is awarded a structured settlement before they are married and receive a payment after separation

but before divorce is final must they share the award with spouse

Dennis Delman
Dennis Delman answered on May 9, 2017

No, the cause of action that gave rise to the settlement occurred prior to the marriage and is deemed non marital and belongs to you

View More Answers

3 Answers | Asked in Divorce and Child Support for Illinois on
Q: My is son 18 and graduates hs soon, do I need to schedule a court date to get him taken of my cs. Still have 1 younger.
Dennis Delman
Dennis Delman answered on May 8, 2017

yes, you need to notify the court through appropriate motion that the cs obligation will be changing and enter a new order for the remaining chils

regards

Dennis delman

View More Answers

2 Answers | Asked in Child Support and Military Law for Illinois on
Q: My father was in the military all my life he never paid child support I was wondering can I get back child support

S

Dennis Delman
Dennis Delman answered on May 8, 2017

if you have reached majority,,,no..child support is money given to the parent raising the child to help defray expenses

View More Answers

2 Answers | Asked in Estate Planning for Illinois on
Q: My father died recently. He has a life insurance policy that is 520,000. What do I need for an estate

My father died recently. He has a life insurance policy of about 520,000 with my siblings and me as beneficiary. He has a car loan, house loan, and several other credit debts that total to about 100,000. I live in the house and would like to buy my siblings out of it. However there is no will or... Read more »

Dennis Delman
Dennis Delman answered on May 3, 2017

need more info. are there any other heirs besides your siblings. If not you will share equally with them if there is no will. what is the value of the house. Determine the value of the house minus expenses and liens and you each own an equal share. pay the debts,pay your siblings their portion... Read more »

View More Answers

3 Answers | Asked in Divorce and Family Law for Illinois on
Q: I completed my back child support amount due and over paid by $110. How do I stop these payments and recoup the $110
Dennis Delman
Dennis Delman answered on May 2, 2017

are you paying the money to the state or directly to your ex. If to the state ,you must contact them and tell them you are current and stop taking payments from your payroll. if to the ex, simply pay 110 dollars less on the next payment

View More Answers

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

Dennis Delman
Dennis Delman answered on May 2, 2017

I need more facts.. Were the children in the car with him. Is he going to jail. Why did he get custody to begin with ? The court uses a best interests of the children analysis.

View More Answers

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.
Dennis Delman
Dennis Delman answered on May 2, 2017

you need to file a pleading before the court requesting that your obligation to pay should be modified and abated...stating with specificity all of the reasons

View More Answers

3 Answers | Asked in Divorce for Illinois on
Q: Need to file for divorce. It is uncontested. What is a simple, cheap way to file.
Dennis Delman
Dennis Delman answered on May 1, 2017

I always suggest that you hire an attorney and explain that the matter is uncontested. You should probably get a flat reasonable fee and accomplish your goal correctly with a minimal amount of time

View More Answers

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?
Dennis Delman
Dennis Delman answered on May 1, 2017

your payments will most likely begin when the petition for support has been filed with the court

View More Answers

2 Answers | Asked in Estate Planning for Illinois on
Q: Collecting unclaimed property from state of Illinois

My mother moved 20 years ago to live with my brother. She passed away 3 years ago and has stock & dividends held by state of Illinois. We need to show proof she lived in IL which we don't have. We are her only heirs - IL says death certificate will not suffice. They need proof she lived... Read more »

Dennis Delman
Dennis Delman answered on Apr 29, 2017

you need to find any old statements,credit cards, utility bills,drivers license,identification card..and the like. you can also prepare and file a small estates affidavit with the state

View More Answers

2 Answers | Asked in Child Custody and Child Support for Illinois on
Q: What forms do I need to file to change custody and child support in DuPage with both parents agreeing?

Custody is going from my ex-wife to me and my support payments are stopping and she'll begin paying me. She waives all rights to appearances in court and we've agreed to everything already. The child also wants to switch! There's no ill will and our child wants to live with my new family.

Dennis Delman
Dennis Delman answered on Apr 29, 2017

you and your wife can enter an agreed order before the court that handled your divorce encompassing the change of circumstances an the new relationship of the parties.

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.