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Questions Answered by James G. Ahlberg
1 Answer | Asked in Family Law for Illinois on
Q: What are the criteria to move out of your parents home without consent at 18 years of age? (In Illinois)

Side question, if I am unable to fully move out of the home, would I be able to just walk out and sleep at a friend's house occasionally?

The real question would be....

What are my limitations as an 18-year-old with a job that only pays 50 per day?

Would moving out be... Read more »

James G. Ahlberg
James G. Ahlberg answered on Nov 18, 2020

You are not considered an adult until you either reach 18 years of age or are emancipated (declared to have the rights of an adult) through a court proceeding. The main requirements of emancipation are that your parents must agree to it and you must be immediately able to support yourself living... Read more »

1 Answer | Asked in Child Support and Employment Law for Illinois on
Q: Can I work even if one of my parents is paying child support for me?

I’m 16 and one of my parents is giving child support to my other one. With the pandemic going on my mother, who receives child support, recently lost her job. I’ve been wanting to help her but she’s questioning whether I’m allowed to work, since my father is giving her child support. I just... Read more »

James G. Ahlberg
James G. Ahlberg answered on Nov 6, 2020

Yes, you can work. And I salute you for being so responsible.

1 Answer | Asked in Divorce for Illinois on
Q: Can I file for divorce in Illinois if I live in Arkansas
James G. Ahlberg
James G. Ahlberg answered on Oct 28, 2020

If your spouse lives in Illinois you should be able to file for divorce in the county in which your spouse lives.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Ex husband engages in inappropriate behavior during his parenting time

My ex husband has parenting time every other weekend. Our daughters are 13, 9 and 9.

Last weekend my daughter walked by his bedroom at 2 p.m. when all of the kids were in the house and heard voices. The door was closed, but she could clearly hear him engaging in an online chat coercing... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 28, 2020

Contact the lawyer who handled your divorce, make an appointment immediately , bring in the daughter and the recording. Follow the advice the lawyer gives you.

If you did not use a lawyer when you got divorced, contact a lawyer immediately, make an appointment, bring in the daughter and the...
Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: How do I transfer real estate as an administrator of the estate in Illinois?

What document do I use? If it's a quitclaim deed, what name is listed as the grantor? The deceased person, or "The Estate of ...."? I would be the one signing it, as the administrator. The current deed is in the deceased's name solely.

James G. Ahlberg
James G. Ahlberg answered on Oct 26, 2020

I have to be blunt: You shouldn't attempt to do this without using a lawyer.

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1 Answer | Asked in Employment Law for Illinois on
Q: My former employer is contesting my eligibility to receive unemployment benefits 4 months since my file date. Legal?

I was laid off for a short period so I am filed for unemployment benefits for that period Only to be Fired a couple days after coming back so I have been receiving benefits for the past four months as I look for work. Just recently they have raised a claim that I am not eligible because either I... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 22, 2020

You need to make an appointment to see a lawyer ASAP. Bring all the documents you have regarding your unemployment benefits to the appointment.

1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: My son was taken out of his mom’s care in IL. He was adjudicated as dependent. Court ruled his mom unable (not unfit)

I traveled to the last court date from Oklahoma and was told that I could take my son home with me. They closed the case, and at the bottom of the court order, it is written, “All custodial rights of the minor are vested to (my name).” Does this mean that I now have full or sole custody of my... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 22, 2020

It sounds like you have sole custody of your son. You should see an attorney licensed to practice law in Oklahoma to figure out what your next step is in that state.

1 Answer | Asked in Child Support, Divorce, Family Law and Health Care Law for Illinois on
Q: What happens to my child support for Iowa but my ex wife is moving to IL. My son is covered by Iowa health insurance.
James G. Ahlberg
James G. Ahlberg answered on Oct 22, 2020

Your child support is determined by the last court order. It doesn't change just because a parent moves from one state to another.

1 Answer | Asked in Family Law for Illinois on
Q: Can daughters boyfriend take kids from her. They unmarried . He is the father. Paternity tests were taken for 1child

He's threatening her by saying he's going to take the kids and have her declared mentally incompetent.

James G. Ahlberg
James G. Ahlberg answered on Oct 22, 2020

Until a court order is entered determining when each of the parents has time with the children, the rights of the parents are exactly the same. It is not kidnapping to take your own child, unless a court order determines the other parent should have the child at that time.

In other words,...
Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: How can I evict someone off property I have put a downpayment on

The landowner I am purchasing it from allowed a friend of his to put a mobile home on the property until it was sold. I have put 2000$ down on this property. How can I get this person to legally leave

James G. Ahlberg
James G. Ahlberg answered on Oct 19, 2020

When you have title to the property (after closing) you'll be able to evict someone. The mere fact you're in the process of buying it is not enough.

1 Answer | Asked in Divorce for Illinois on
Q: A lawyer suggested I go to the court house to the see if there were a summons for me however, I called instead.

My question is did I do anything illegal by calling to oppose of going to the court house?

James G. Ahlberg
James G. Ahlberg answered on Oct 19, 2020

What you did is not illegal.

1 Answer | Asked in Employment Law for Illinois on
Q: I am looking for information for FLSA. I think I may be getting improperly paid for my hours.

I have been working there since January and I was told I am exempt from FLSA but when I did some research there is nothing saying that hourly employees are exempt.

James G. Ahlberg
James G. Ahlberg answered on Oct 17, 2020

As a very general rule, hourly employees are not exempt unless they work in specified industries. You haven't provided enough information for anyone to give you particularly good advice.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I have a Landlord tenant question .... I have a landlord who is not cashing my late payments in a timely manor .

I need some legal advice . I have a Landlord who is not cashing late payments on rent in a timely manor . He is also not giving receipts for payments . I have noticed he only does this with late payments . When I pay rent on time my checks are normally cashed within a few days .... He has no office... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 17, 2020

What is your question? This may make balancing your checkbook harder, but it has no other effect on you.

1 Answer | Asked in Family Law for Illinois on
Q: I’m still married to my husband but had a baby with another man can that man get custody of my baby?
James G. Ahlberg
James G. Ahlberg answered on Oct 17, 2020

Yes, if he can prove paternity.

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: Can the sheriff serve a summons for divorce to my spouses parents house?

My spouse has been homeless for a while. I really need to get our divorce done. We’ve been separated since 2015. He said I can get them sent to his dads house. Will they serve it to his dad?

Thanks

James G. Ahlberg
James G. Ahlberg answered on Oct 8, 2020

No, not unless your spouse lives there.

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1 Answer | Asked in Adoption and Family Law for Illinois on
Q: How hard would it be for me to adopt my stepson if the bio mom hasn't had any contact in over 5 years?

This includes not paying court ordered child support. We've been together 8 years and married for 3. Do we need her consent?

James G. Ahlberg
James G. Ahlberg answered on Sep 30, 2020

You don't necessarily need her consent based on the facts you set forth, but it will be easier if you have her consent. Either way, you are required to provide her formal notice that you're attempting the adoption.

2 Answers | Asked in Family Law for Illinois on
Q: Is it allowed to hire a prior guardian ad litem as my attorney if they broke off to a new firm?
James G. Ahlberg
James G. Ahlberg answered on Aug 7, 2020

No. It would be a conflict of interest for the attorney.

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1 Answer | Asked in Divorce and Business Law for Illinois on
Q: Can my husband change business name in the middle of divorce so I won’t receive any money or profits.

I had owned 49% of the company and he owned 51%. Originally it was believed that you had a better chance of getting contracts with the government if it was native owned or woman owned. I’m part native. So during COVID lockdown he forced me sign the loan telling me it was the law in order to... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 31, 2020

Changing the business name has nothing to do with your rights in a divorce. You need to bring everything to the attention of the lawyer handling your divorce though.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: 2 different versions of a Joint Parenting Agreement. One has the courts stamp on it with the date and case number,

and the other does not. How do I know which one is on file and approved by the court. Divorce was 5 years ago but now I'm looking at one version and my ex is looking at the other version. There are big differences between them.

James G. Ahlberg
James G. Ahlberg answered on Jul 30, 2020

If one copy is stamped "Filed" by the appropriate Circuit Court Clerk, it's a pretty safe bet it's the one that is in force (unless there has been a modified one filed later). The unstamped copy is probably a rough draft copy exchanged between the attorneys when they were trying... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: Commercial lease that ends January 2023. Jan 2021 the personal guarantees go away. What happens if we close Feb 2021?

Because of the virus,we want to close our business after the personal guarantees go away. They go away in jan 2021...but our lease doesnt end until Jan 2023....can the land lord take us to court and demand we pay for the remainder of the lease? How lenient are the courts in these kinds of... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 29, 2020

I agree with Mr. Shipley's answer, though I would add you should hire an attorney if you're taken to court.

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