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Questions Answered by James G. Ahlberg
2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: RELOCATION

IF THE FATHER HAS NOT MADE CHILD SUPPORT PAYMENTS OR SEEN THE KIDS IN OVER A YEAR CAN I RELOCATE IF I HAVE AN EVICTION NOTICE CAN I LEAVE STATE WITH EXTENDED FAMILY ?

James G. Ahlberg
James G. Ahlberg answered on Dec 9, 2019

Not without a court order giving you permission. It's more complicated than it sounds -- don't try to do it without a lawyer's help. While you're in court you should consider asking the judge to hold your ex in contempt for not paying child support.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Can I retire and not effect my workers com case while my case is being appealed
James G. Ahlberg
James G. Ahlberg answered on Dec 6, 2019

This is a question to ask the lawyer handling your workers' compensation appeal. He or she may be aware of circumstances that determine the answer. As strangers to your case we don't have access to those facts.

1 Answer | Asked in Employment Law for Illinois on
Q: In an unemployment appeal hearing can I submit evidence that doesn't pertain to my termination to show character?

After I was fired my employer refused send to give me my last two checks for nearly two weeks. When he finally did pay me he changed the dates and pay periods on the pay stubs so it would look like there was no waiting week when I started. Primarily because he kept that weeks worth of pay. I... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 5, 2019

No. The question before the hearing officer is not whether your employer is a bad person, but whether you are entitled to unemployment benefits. Contact the state Department of Labor to file a claim for your unpaid wages. This can be done on their website if you worked in Illinois.

2 Answers | Asked in Divorce for Illinois on
Q: I have a judgement for Legal Separate with my wife. How to I go about making it a divorce?

My wife and I decided not to divorce so she can stay covered under my health insurance. So we are legally separated with two children. We already have a Financial Agreement and Parenting Agreement. Now I want to change our status from "Legal Separation" to "Divorced". Do I need to hire my lawyer... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 3, 2019

It's possible you could do it on your own, but i strongly recommend returning to your lawyer (whose already familiar with your situation) and letting him or her handle it. There's a lot of truth in the old saying, "I'm a professional. Don't try this at home."

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1 Answer | Asked in Divorce for Illinois on
Q: Married 2003. Abandoned weeks later. She said she filed. No proof. Ready to remarry. Found her address to serve if s

She ran off w/ex. Tried finding proof of divorce. Can't find cuz she was on road. She won't give info.

James G. Ahlberg
James G. Ahlberg answered on Dec 3, 2019

It's a pretty safe bet that if she won't provide the information, it didn't happen. Contact a lawyer in your area and file for divorce yourself if that's what you want.

2 Answers | Asked in Probate and Estate Planning for Illinois on
Q: How can I get a copy of my parents Will in Madison County Illinois?

My youngest sister is the executor of my parents will. My oldest sister and I are named beneficiaries in the will. Our father is still living. My father and my youngest sister will not provide me with a copy of the will.

James G. Ahlberg
James G. Ahlberg answered on Nov 29, 2019

If your mother is deceased, her will should have been filed with the Clerk of the Circuit Court in Madison County. Contact the Clerk and ask how much it will cost to get a copy mailed to you. If your father is alive, you have no right to a copy of his will.

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2 Answers | Asked in Child Support and Family Law for Illinois on
Q: What can be done if a mother is willfully keeping the child from their biological father since birth

She refuses to let the father be apart of the childs life at all or except gifts from the biological father. And she has been in several different relationships since child was born and has told the child to call each one daddy. But will not let the biological father be apart of the childs life.

James G. Ahlberg
James G. Ahlberg answered on Nov 25, 2019

The father has to go to court to get an order granting him parenting time (formerly called visitation).

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1 Answer | Asked in Divorce for Illinois on
Q: Can divorce lawyer request internet search history from my work

My son to be ex husband is accusing me of things I have not done and saying I have pending charges coming which is untrue I am a lawful and abiding citizen I was just curious if my soon to be ex husbands lawyer can request my internet history from my work

James G. Ahlberg
James G. Ahlberg answered on Nov 25, 2019

Yes.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: So me and my girl friend are renting a 3 BR home. My family (different address) is getting evicted from their home

I have offer to Put them up for a few months, but the landlord was made aware of the situation and is telling me they do not have permission to stay until they find a new home. She has brought up getting background checks on them, or the city may see them living there and evict them, even though it... Read more »

James G. Ahlberg
James G. Ahlberg answered on Nov 21, 2019

No lawyer can give a solid answer to your question without reviewing the lease between you and the landlord. Your best bet is to make a brief appointment with a lawyer. Bring your whole lease with you, not just the parts that seem relevant to you.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: can this cause problems?

This is my first time renting an apartment with my boyfriend and our son

when we applied we never mention anything about our 3 year old son. We will be moving in tomorrow and i am scared that this might cause a problem with the landlord since it's only a 1 bedroom apartment. Is there any... Read more »

James G. Ahlberg
James G. Ahlberg answered on Nov 21, 2019

No guarantees, but it shouldn't cause a problem as long as your son is in your legal custody -- and unless there's a court order giving custody to someone else, he is.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I am 1/4 owner of home in Wisconsin per quit claim deed, Joint Tenants with Right of Survivorship..

Can I severe the joint tenancy by putting my share in a family trust? Must the three owners be notified of this step?

James G. Ahlberg
James G. Ahlberg answered on Nov 19, 2019

This question should be answered by a lawyer licensed in Wisconsin. Those of us licensed in Illinois can provide you an answer if the real estate was located here, but laws vary from state to state and should not rashly assume the answer is the same in Wisconsin.

1 Answer | Asked in Family Law for Illinois on
Q: Me and my ex girlfriend have joint custody in Illinois she goes out every night to meet up with a guy is that child neg
James G. Ahlberg
James G. Ahlberg answered on Nov 16, 2019

That depends. If the child is old enough and mature enough to take care of himself while she's gone, it's probably not neglect. If the child isn't old enough and mature enough to take care of himself while she's gone, but she leaves the child in the care of a responsible adult, that's probably not... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My lease says im responsible for pest control but I live in an apartment building. My apartment has bedbugs.

I have seen other tenants throwing away couches and beds. Lets say hypothetically, my apartment is the only one with bedbugs. Would I have to pay for the whole entire apartment building to be sprayed?

James G. Ahlberg
James G. Ahlberg answered on Nov 15, 2019

An attorney can't give good advice on your question without having a copy of the lease in front of him or her. You'll need to meet with a lawyer.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Do you always need a lawyer for a child support case if we were never married?

I have been the sole provider for my almost two year old for her whole life. I recently got summoned to court because her dad wants custody and child support. He has a lawyer but I can not afford one. I asked the judge for a 30 day continuance to obtain a lawyer but most of them are $3000.

James G. Ahlberg
James G. Ahlberg answered on Nov 13, 2019

Strictly speaking, no. Practically speaking, yes. You can build a house without a carpenter, a plumber or an electrician, but how good a house will it be? Similarly, you can present your own case before the judge, but how good a case will it be? Borrow the money from friends and relatives if you... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: When buying property can you do anything if existing neighbors have built on or over your property line?

I'm in the process of buying a piece of land and when looking over the aerial map and going out to the location it looks as though the existing neighbors has put a shed on the line if not over the property line. As a new owner can I say something about it?

James G. Ahlberg
James G. Ahlberg answered on Nov 8, 2019

That depends on a number of factors which need to be explored in a conversation with a lawyer experienced in such problems. For example:

1. Has an easement allowing the shed to cross the line been recorded? If so, is the shed within the legal description provided in the easement?...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: First hearing for my 3 year old son, never married.

cant afford an attorney. The mother has kept me out of my sons life, he is 3 now. I filed for visitations over a year ago, and we came to an agreement at mediation a couple months ago. At our most recent court date she changed her mind. My case is now set for a hearing and I am supposed to bring... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 30, 2019

Opposing parties frequently claim they have evidence that will keep a person from ever seeing his or her child again. It's nonsense -- don't worry about it. If such evidence existed you'd know what it was. And Marilyn Johnson is right in saying the misdemeanor battery shouldn't matter (unless you... Read more »

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1 Answer | Asked in Estate Planning for Illinois on
Q: What power of attorney do you need to sign if you are dying? My friend is single mom, poor and very sick. Thank you
James G. Ahlberg
James G. Ahlberg answered on Oct 17, 2019

Three documents come to mind:

1. A will, not just to dispose of her earthly possessions, but primarily to nominate a guardian to care for her children after she passes;

2. A Power of Attorney for Property allowing someone to manage her affairs until her death; and

3. A Power...
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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: can I sue for severance pay been delayed?

I submitted paper work for my severance pay and waited the 10 days to receive the paycheck. It’s been 13 days and I’ve been told by my Employee Service Center that paperwork was never submitted. I have bills to pay and need that check.

James G. Ahlberg
James G. Ahlberg answered on Oct 16, 2019

Your best bet is to re-submit the paperwork. A lawsuit will take months (and possibly years) to settle the issue.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: I filed for divorce but missed the court date and the case was dismissed. How do I proceed with the divorce?

I have not had contact with my spouse and do not know of his whereabouts any longer. I have tried to contact him regarding the divorce but I get nothing back, I don't know what to do anymore.

James G. Ahlberg
James G. Ahlberg answered on Oct 10, 2019

You have 30 days from the date a case is dismissed to file a motion asking that the order of dismissal be vacated. If the motion is granted it reinstates the case. As far as your spouse's whereabouts, (1)if you had a Summons and Petition for Dissolution of Marriage served on him or her, (2)he/she... Read more »

1 Answer | Asked in Divorce, Family Law, Personal Injury and Child Support for Illinois on
Q: I was involved in motor vehicle accident against UBER. Currently filing a lawsuit and I have child support obligations?

I was involved in motor vehicle accident against UBER. Currently filing a lawsuit and I have child support obligations?

I was considered disabled since my accident on 12.24.17 and been home since. We will be pursuing a lawsuit of 7 figures! How does this affect my child support once all... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 10, 2019

These are questions to take to the lawyer handling your case. He or she is intimately familiar with details about your circumstances that uniquely enable him or her to give you accurate advice. You've already committed to pay that lawyer a large fee. You should feel free to pose your questions to... Read more »

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