Questions Answered by James G. Ahlberg
Q: I want to give up my rights to my child’s father.
James G. Ahlberg's answer
You can schedule a court date on your own, but paperwork must be prepared and properly served on the opposing party. You should hire an attorney. Your child's future is worth doing it right and getting the job done correctly, isn't it?
You can schedule a court date on your own, but paperwork must be prepared and properly served on the opposing party. You should hire an attorney. Your child's future is worth doing it right and getting the job done correctly, isn't it?
Q: I received a subpoena, regular mail to testify. Will I get in trouble if I dont go, since they cant prove I got this?
1 Answer
| Asked
in
Criminal Law, Family Law and Domestic Violence
for
Illinois
on
Answered on Apr 19, 2019
Answered on Apr 19, 2019
James G. Ahlberg's answer
If you received the subpoena and a check for witness fees and mileage, you must go. If there no check was enclosed with the subpoena, you must either go or have an attorney appear on your behalf to ask that the subpoena be quashed for failure to pay the witness fee.
If you received the subpoena and a check for witness fees and mileage, you must go. If there no check was enclosed with the subpoena, you must either go or have an attorney appear on your behalf to ask that the subpoena be quashed for failure to pay the witness fee.
Q: Can a minor in Illinois own property?
James G. Ahlberg's answer
In a legal sense, no, particularly in the sense of a vehicle or other item requiring an actual title. If a minor was left property in a will it is typically held for the minor's benefit by someone appointed by the court as a guardian of their estate for that purpose, for example.
In a legal sense, no, particularly in the sense of a vehicle or other item requiring an actual title. If a minor was left property in a will it is typically held for the minor's benefit by someone appointed by the court as a guardian of their estate for that purpose, for example.
Q: How can I take possession of my property after tenant deceased? No one else in the property. Daughter & ex husband took
James G. Ahlberg's answer
Talk to a lawyer, don't try this one yourself. File the appropriate landlord's notice, followed by a forcible entry and detainer suit. Make sure the landlord's notice and suit list "unknown parties in possession" if you're not sure who is in there or what their names are.
Talk to a lawyer, don't try this one yourself. File the appropriate landlord's notice, followed by a forcible entry and detainer suit. Make sure the landlord's notice and suit list "unknown parties in possession" if you're not sure who is in there or what their names are.
Q: Can I go get my son?
James G. Ahlberg's answer
You best bet is to file a paternity action to get an order declaring you to be the boy's father. Once you have that you're on much more solid footing when you go to claim your son. In this situation it's cheaper and easier to get things straightened up at the outset rather than trying to fix up a mess afterward.
You best bet is to file a paternity action to get an order declaring you to be the boy's father. Once you have that you're on much more solid footing when you go to claim your son. In this situation it's cheaper and easier to get things straightened up at the outset rather than trying to fix up a mess afterward.
Q: If employee gives a 2 weeks notice, can the employer not accept it and have them leave at that time or at end of busines
James G. Ahlberg's answer
The information attached to the question indicates you're in West Virginia. You should ask an attorney licensed there this question. I can give you the answer under Illinois law, but that doesn't mean the answer would be the same in West Virginia. I'd rather not give you advice you cannot rely on.
The information attached to the question indicates you're in West Virginia. You should ask an attorney licensed there this question. I can give you the answer under Illinois law, but that doesn't mean the answer would be the same in West Virginia. I'd rather not give you advice you cannot rely on.
Q: Who can be a witness who signs that the information you provided about yourself is correct?
James G. Ahlberg's answer
Anyone 18 years or older who is of sound mind can serve as the witness, as long as they personally know that the facts you are alleging are true. It can be a relative.
Anyone 18 years or older who is of sound mind can serve as the witness, as long as they personally know that the facts you are alleging are true. It can be a relative.
Q: I'm separated from my husband who has bipolar. I'd like to use a mediator but I want full custody. Is this recommended?
James G. Ahlberg's answer
A mediator doesn't decide who gets how much parenting time (formerly known as custody and visitation), a judge does. If you value your child, find a good lawyer. What you call the "stress/pain/ugliness that can come with getting lawyers involved" is NOTHING like the stress/pain/ugliness that can come when lawyers are not involved at the outset and have to come in later to clean up the mess made in their absence. Get a lawyer. I repeat, get a lawyer.
A mediator doesn't decide who gets how much parenting time (formerly known as custody and visitation), a judge does. If you value your child, find a good lawyer. What you call the "stress/pain/ugliness that can come with getting lawyers involved" is NOTHING like the stress/pain/ugliness that can come when lawyers are not involved at the outset and have to come in later to clean up the mess made in their absence. Get a lawyer. I repeat, get a lawyer.
Q: Does a terminated employee have the right for full wage payment on the day of the termination?
James G. Ahlberg's answer
If your question is: Does an employee get paid the full day's wage if he is fired before the end of the workday? The answer is that the employee gets paid for his time until he got fired.
If your question is: Does an employer have to give a fired employee his final paycheck on the day he is fired? The answer is that an employer can do so, but doesn't have to do so -- he has until the next regularly scheduled payday for that employee to issue a final paycheck.
If your question is: Does an employee get paid the full day's wage if he is fired before the end of the workday? The answer is that the employee gets paid for his time until he got fired.
If your question is: Does an employer have to give a fired employee his final paycheck on the day he is fired? The answer is that an employer can do so, but doesn't have to do so -- he has until the next regularly scheduled payday for that employee to issue a final paycheck.
Q: Is a 3rd party sale of real estate on eBay binding if it's a family member of the owner who resides in the same house?
James G. Ahlberg's answer
Don't send any money unless you don't care whether you get anything for it. You can't buy something from a person who doesn't own it, and the mother of the owner has no legal right to sell it.
You referred to an "owner's license" -- I've been practicing law in Illinois for 40 years and have never heard of or seen an "owner's license."
The long and short of it is this: Either find a way to walk away from this or hire an attorney to be sure it gets done right. There is no third...
Don't send any money unless you don't care whether you get anything for it. You can't buy something from a person who doesn't own it, and the mother of the owner has no legal right to sell it.
You referred to an "owner's license" -- I've been practicing law in Illinois for 40 years and have never heard of or seen an "owner's license."
The long and short of it is this: Either find a way to walk away from this or hire an attorney to be sure it gets done right. There is no third...
Q: I have been separated for 2 years are there forms I can fill out if we have no children and just want the divorice
James G. Ahlberg's answer
Your local Circuit Clerk should have forms. That being said, I strongly encourage you to have them reviewed by a lawyer. There's a lot to consider, and the stakes are too high not to discuss this with an attorney to be sure you have all the bases covered.
Your local Circuit Clerk should have forms. That being said, I strongly encourage you to have them reviewed by a lawyer. There's a lot to consider, and the stakes are too high not to discuss this with an attorney to be sure you have all the bases covered.
Q: Was let go from my employer of 13 years for having knowledge of a "slush fund" that was created long before I ever start
James G. Ahlberg's answer
You need to contact an attorney in your area who practices in the field of employment law (which differs from labor law that deals with union and managements situation. Bring every scrap (repeat: every scrap) of paper you've got documenting the situation from when it began until you see the attorney. If you have an employee handbook, bring it. If you don't have an employee handbook, beg or borrow one from a former co-worker, but bring one to the first appointment with your attorney. Bring...
You need to contact an attorney in your area who practices in the field of employment law (which differs from labor law that deals with union and managements situation. Bring every scrap (repeat: every scrap) of paper you've got documenting the situation from when it began until you see the attorney. If you have an employee handbook, bring it. If you don't have an employee handbook, beg or borrow one from a former co-worker, but bring one to the first appointment with your attorney. Bring...
Q: My ex husband is mentally ill and I want to file for full custody of my daughter
James G. Ahlberg's answer
I have to assume your question is whether you should hire a lawyer to do this. The answer is yes.
I have to assume your question is whether you should hire a lawyer to do this. The answer is yes.
Q: I'm on disability, i have temp custody of 2 kids im in arrears on my oldest. Contempt has been filed. What can I do?
James G. Ahlberg's answer
Your question is confusing. You indicate you are receiving SSI (Supplemental Security Income) benefits. If SSI is your only source of income, you shouldn't have child support assessed against you since that income is exempt under federal law. On the other hand, you indicate you are disabled which may mean you actually receive SSDi (Social Security Disability) benefits. If that's the case, child support can be assessed against you, but your minor children should also be receiving SSDi benefits...
Your question is confusing. You indicate you are receiving SSI (Supplemental Security Income) benefits. If SSI is your only source of income, you shouldn't have child support assessed against you since that income is exempt under federal law. On the other hand, you indicate you are disabled which may mean you actually receive SSDi (Social Security Disability) benefits. If that's the case, child support can be assessed against you, but your minor children should also be receiving SSDi benefits...
Q: I think this is the last draft for uncontested divorce. Filing process? And what happens next?
James G. Ahlberg's answer
My opinion is that you need an attorney for a divorce. It is one thing to say it is uncontested, it is another thing to be sure the two of you have considered every issue involved in the case and that you are not being taken advantage of. Hiring a lawyer should solve these problems. Bear these statements in mind:
(1) Uncontested simply means you agree; it does not mean what you agreed to is fair.
(2) Uncontested means you agree on the issues you've thought of; it does not mean...
My opinion is that you need an attorney for a divorce. It is one thing to say it is uncontested, it is another thing to be sure the two of you have considered every issue involved in the case and that you are not being taken advantage of. Hiring a lawyer should solve these problems. Bear these statements in mind:
(1) Uncontested simply means you agree; it does not mean what you agreed to is fair.
(2) Uncontested means you agree on the issues you've thought of; it does not mean...
Q: Can I start a child support claim if I already pay child support on another child from a previous relationship?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Illinois
on
Answered on Feb 20, 2019
Answered on Feb 20, 2019
Q: Must a commercial real estate lease in Idaho be witnessed or notarized? Is a memorandum required to be recorded?
James G. Ahlberg's answer
Each state may have different requirements. This is a question to ask a lawyer licensed to practice law in Idaho, not a group of lawyers licensed to practice law in Illinois.
Each state may have different requirements. This is a question to ask a lawyer licensed to practice law in Idaho, not a group of lawyers licensed to practice law in Illinois.
Q: If a contractor demands payment for a job not complete and threatens to put a lien on my property can he do that ?
James G. Ahlberg's answer
There are a lot of details necessary before your question can be answered. Your best bet is to gather every scrap of paper you have dealing with the situation and make an appointment with a lawyer. Don't forget to bring all the papers and forms the contractor gave you before he started working on the job, particularly if this involves the remodeling or repair of a residence.
There are a lot of details necessary before your question can be answered. Your best bet is to gather every scrap of paper you have dealing with the situation and make an appointment with a lawyer. Don't forget to bring all the papers and forms the contractor gave you before he started working on the job, particularly if this involves the remodeling or repair of a residence.
Q: My husband and I want to move to Texas to better our situation but, sons father owes 3,000 childsupport, can I take him?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Illinois
on
Answered on Feb 8, 2019
Answered on Feb 8, 2019
James G. Ahlberg's answer
You need permission from the court to move your child out-of-state. There are a number of legal hoops to jump through and numerous things the judge needs to consider. Contact an attorney to get this done -- it is not something most people will succeed in doing on their own.
You need permission from the court to move your child out-of-state. There are a number of legal hoops to jump through and numerous things the judge needs to consider. Contact an attorney to get this done -- it is not something most people will succeed in doing on their own.
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