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Questions Answered by James G. Ahlberg
1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I need to obtain emergency guardianship of a 17 year old minor (my niece) in the state of Illinois. What do I do?

The child has been neglected and kicked out of the home. The parent is threatening suicide. The minor is staying with a friend. I do have texts proving the neglect.

James G. Ahlberg
James G. Ahlberg
answered on May 14, 2024

Contact an attorney practicing family law in the Illinois county in which either your niece or her parent is located. He or she can give you detailed advice based on the exact circumstances of the situation.

2 Answers | Asked in Workers' Compensation for Illinois on
Q: My work comp case is closed, but they did not pay all my medical. What should I do?
James G. Ahlberg
James G. Ahlberg
answered on Dec 29, 2023

Contact the attorney who handled your case and let him or her know this. The times I've had this happen in my practice have generally been resolved fairly quickly. I always handled these situations without charging an additional fee.

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1 Answer | Asked in Child Support and Family Law for Illinois on
Q: Are 1099 workers exempt from child support?

Can a child support order be entered against a person who is a 1099 worker?

James G. Ahlberg
James G. Ahlberg
answered on Nov 25, 2023

1099 employees are not exempt from child support. A child support order can be entered against them and fully enforced by the court.

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: My question involves a single parent adoption in Illinois wherein the biological mother adopts her son.

The biological father was the respondent and a copy of the petition was found in his belongings after he died, so I believe he received notice. If the adoption goes through, are the biological father's parental rights terminated, or could it mean something less than that? For example, having... View More

James G. Ahlberg
James G. Ahlberg
answered on Nov 17, 2023

Your question is difficult to answer because the first sentence you wrote is ambiguous. The biological father "being part of the case" could mean he is joining as a petitioner in the attempt to adopt the child, it could mean he is a respondent who has consented to the adoption, or it... View More

1 Answer | Asked in Legal Malpractice and Family Law for Illinois on
Q: Is there a specific type of Malpractice Lawyer in IL for post decree matrimonial ethical incompetence?

I have searched and most Malpractice lawyers I find are not specific to post decree marriage cases - can you point me in the proper direction?

James G. Ahlberg
James G. Ahlberg
answered on Nov 16, 2023

You're unlikely to find someone focusing on that precise area of practice. A lawyer who practices in the area of dissolution of marriage cases or general legal malpractice is your best bet. The former will be more familiar with whether malpractice occurred; the latter will be more familiar... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Should i get a workers comp lawyer. I hurt my wrist at work and i feel like im getting railroaded.

I hurt my wrist at work on july 23rd ive been doing everything they have asked going to the caterpillar drs. They finally sent me for an mri last week and today i had an appointment at osf orthopedic and the dr there said i have tendonitis and is referring me to rehab with a follow up in 6 weeks. I... View More

James G. Ahlberg
James G. Ahlberg
answered on Sep 7, 2023

Yes, you should contact an attorney ASAP to protect your rights. If you're being railroaded, there's no better way to derail the train than to have a good attorney behind you.

1 Answer | Asked in Child Custody for Illinois on
Q: My daughter has a custody agreement signed by judge. She follows the schedule the father has taken her wont return her

The father is uncooperative. The police at the station where the exchanges occur will not help at all. They say my daughter has to go back to court. Surly there is something we can do. Please help us

James G. Ahlberg
James G. Ahlberg
answered on Aug 25, 2023

There is something your daughter can do: She has to take the father to court and ask that he be held in contempt for not abiding by the terms of the parenting time (formerly known as custody) order. I encourage her to hire an attorney to do this for her so it gets done correctly. If the father is... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Illinois on
Q: Can we ask the Court for a Default judgement against 2 of 3 served defendants at this time?

I have invested countless hours researching facts, law, and evidence, and ultimately we filed an 88 page, 11 count complaint in the McLean County IL Circuit Court pro-se, asking for at least $144,000 in damages against three defendants. This was filed on July 3, with the corporation's... View More

James G. Ahlberg
James G. Ahlberg
answered on Aug 16, 2023

Probably. Depending on the wording of your complaint (your attachment won't go through this system) it's possible you'll be limited to a default judgment as to liability and still need a hearing at which you prove your damages and each defendant has an opportunity to try to disprove... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: 1/2..My son's biological father (never married) has never met or wished to have anything to do with him. We haven't

2/2… talked in almost 2 years since the day he was born. My now fiance, soon to be husband wants to know how to go about becoming his legal parent. How should we proceed after marriage?

James G. Ahlberg
James G. Ahlberg
answered on Aug 9, 2023

After marriage you and your new husband can file a petition for adoption of the child. Do NOT try this on your own -- there are too many opportunities to do it incorrectly and the stakes are too high! Hire an attorney who does adoptions and let him or her make sure all the details are handled... View More

2 Answers | Asked in Child Support, Divorce and Family Law for Illinois on
Q: In Illinois, is child support mandatory in a divorce?

I do not need or want child support from my child's father (the noncustodial parent)

James G. Ahlberg
James G. Ahlberg
answered on Aug 5, 2023

Child support is for the benefit of the child, not the parent who receives it. You absolutely should not deprive your child of the benefit of having extra money for its benefit. Furthermore, the judge is likely to require child support be paid. The amount will vary depending on a comparison of your... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: What happens if a father abandons his child and stops paying child support? what can I do?

He has texted me threats before my child was born on taking the child and sending his lawyers after me i never got calls from anyone but he never showed up kept lying and all of a sudden hes trying to take my child away he moved with his new child and his wife he cheated on what do i do

James G. Ahlberg
James G. Ahlberg
answered on Aug 5, 2023

What you do is go see a lawyer as quickly as you can. Do it Monday, if possible. File a paternity case asking that he be named the father, that the court order him to pay you child support, and that the court establish parenting time (formerly known as custody). Until this process is started, each... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: My sons father has been banned from talking to me, only wants to communicate with my parents for our child.

My sons father has been banned from talking to me,(by his girlfriend) he only wants to communicate with my parents for our child. My parents rather not be involved. Since they are not my sons parents. what should I do?

James G. Ahlberg
James G. Ahlberg
answered on Jul 24, 2023

If neither you nor your parents want communication to be routed through them, they should refuse. They can just hang up when your son's father calls, and refuse to respond to text messages, emails and the like. I'd encourage them to not respond at all except to his very first contact,... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Sold property 3yrs ago quit deed sale buyer never recorded now town fining me for violations can I resell to pay fines?
James G. Ahlberg
James G. Ahlberg
answered on Jul 17, 2023

No. Once you've received payment and delivered a deed to the buyer you no longer own it. You can't sell what you don't own. Contact the town, provide them a copy of the deed, let them know when that transaction took place and give them the buyer's name, address, telephone number... View More

2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: My father had legally by court fully custody of my brother his 14 years old my father passed away two weeks ago

I want to see how I can filled to get his custody legally now his mother is not in the picture

James G. Ahlberg
James G. Ahlberg
answered on Jul 17, 2023

Assuming you are legally an adult (18 years old or more) you need to petition the local circuit court for guardianship of your brother. Your best bet is to contact a lawyer who practices family law (try Googling the term "custody lawyer" or "guardianship lawyer" to find one near... View More

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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My tenant said he was going to have me arrested for intimidation so I won't evict him. I messaged him for late rent

And we argued a bit. Can I go to Jail. I'm afraid to go there to evict him now

James G. Ahlberg
James G. Ahlberg
answered on Jul 3, 2023

You're not going to go to jail for demanding the rent. If you were my client I'd tell you to begin eviction proceedings immediately. You don't need a tenant like this.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: Can a renter in Illinois claim property from the land lord after living there for twenty years?

If a renter occupies the property for twenty years can they claim the property through squatter rights. Would attending the condo association meetings, and paying fees be enough. Are there any other actions the renter would need to take to get the property?

James G. Ahlberg
James G. Ahlberg
answered on Jun 29, 2023

If you are a renter you are a permissive user. In other words, the owner of the property has given you permission to occupy it. Permissive use NEVER ripens into a situation allowing you to claim adverse possession (what you refer to as squatter rights). The only action you can take to get the... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Buyer did not show for closing. Seller had vacated property day before closing. 14 days later buyer has still not closed

Seller is staying with friends, she is 72 yrs old, retired and cant even put an offer on another home. Any recourse possible?

James G. Ahlberg
James G. Ahlberg
answered on Jun 8, 2023

Seller should find an attorney practicing in the field of real estate an make an appointment immediately. She should bring all the paperwork related to this transaction to the appointment. There is a remedy called "specific performance" which may be available to her if the real estate... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Who owns when a prop tax bill reads: my friends name on 1st line, estate of my friends dead exstep mother in law on 2nd?

My friend has a property that was inherited to her husband when his father passed away. His will read that his current wife reside in the house until her death, then the property was to go to my friend and her husband. The current wife died about 3 years ago. My friends husband has also passed. Who... View More

James G. Ahlberg
James G. Ahlberg
answered on Jun 1, 2023

The order in which names are listed on the tax bill cannot be relied upon and doesn't prove who owns anything. If your friend is concerned about this, her best bet it so take all of the relevant documents (her father-in law's will and death certificates for everyone involved who has died... View More

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: I am trying to adopt my girlfriends daughter, the father isn’t on the birth certificate and never met the daughter.

Father isn’t on the birth certificate and was given many chances to meet his daughter but has only met her once for 5 minutes since she was born he refuses to answer any texts or calls and No DNA test was done. Would we need his consent for the adoption or do we have to take him to court.

James G. Ahlberg
James G. Ahlberg
answered on May 22, 2023

You either need his written consent or serve him with your Petition for Adoption and give him a chance to appear in court. Don't try this without a lawyer! Adoption has a number of details that need to be handled exactly correctly. Acquiring a child in this manner should not be left to "I... View More

1 Answer | Asked in Family Law for Illinois on
Q: Im 17 turning 18 soon can i legally move out?
James G. Ahlberg
James G. Ahlberg
answered on May 10, 2023

Legally, you become an adult on your 18th birthday. It's a double-edged sword, however. On the one hand, you may be free to move out; on the other hand, your parents are no longer obligated to support you (assuming you are not suffering from a significant disability) and they will not be... View More

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