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Questions Answered by James G. Ahlberg
1 Answer | Asked in Divorce and Animal / Dog Law for Illinois on
Q: My husband and I have 2 dogs that I signed and paid for. If we divorce, could he take the dogs from me?

He is moving out of the state and has no established place to live yet. It is true that I would have to also find a smaller living arrangement eventually, but I have always been the one to take care of their finances, medical, and well being. Could he argue that I do not have a permanent living... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 9, 2020

If the dogs were purchased during the marriage they are considered marital property regardless of who paid for them. That means that if you and your spouse cannot agree on who gets the dogs, the court will decide.

2 Answers | Asked in Real Estate Law for Illinois on
Q: My father is deceased his house is in Trust, I'm the successor Trustee. Is the house considered mine? Like a 2ndary home

I am trying to sell the house. I signed up, through my work, with a legal plan that pays for various legal services. They are saying that the house is in my father's name and so therefore it is not a covered service since the house is not in my name. But in the Declaration of Trust I am named... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 9, 2020

The house being in your name as trustee is not the same thing as the house being yours. Assuming the house has been deeded into the trust as indicated by Mr. Kottaras, above, what happens to the house is determined by the terms of the trust. You, as trustee, are duty bound to do what the trust says... Read more »

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2 Answers | Asked in Family Law for Illinois on
Q: Filed divorce Feb 2020. I filed my taxes for 2019 separately and she is saying she is legally entitled to mine. True?

My soon to be ex filed for divorce on 2/2020. I filed my 2019 taxes married filing separately. She is insisting she is entitled to my complete 2019 tax return. I told her I would give her any information she needed, but she wants the entire return. I am not getting a refund and owe a lot of money.... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 1, 2020

If your question is whether you have to give her a copy of your tax return, the answer is this: If she asks the judge to order you to give her a copy of it, the judge will do so.

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2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: Son is needing a divorce. Child born during separation. He was told he would have to wait till child turned six months

He has yet to be allowed to see child. Child and estranged spouse live In Indiana Son lives in Illinois.

James G. Ahlberg
James G. Ahlberg answered on Jun 23, 2020

Your son (not you on his behalf) should speak to a lawyer as quickly as possible.

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3 Answers | Asked in Estate Planning and Probate for Illinois on
Q: My husband passed with no will. His children are telling me they want his 2 trucks, motorcycle and trailer?

Do I have any right to the value of these after 30 years of marriage

James G. Ahlberg
James G. Ahlberg answered on Jun 16, 2020

As a surviving spouse you are also likely to be entitled to the first $20,000 of your late husband's estate as a widow's award. Whatever you do, don't be bullied by his kids -- get a lawyer ASAP.

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2 Answers | Asked in Real Estate Law for Illinois on
Q: Unmarried couple purchasing a house, both names to be on deed, one person's name on loan, any advice?

I am purchasing a house with my girlfriend. Both names will be on the deed but only my name is to be on the loan and at this point in time, she won't sign any other papers. Am I screwed if anything happens later and we break up?

James G. Ahlberg
James G. Ahlberg answered on Jun 16, 2020

To put it gently, yes, you're screwed. Let me put it this way: This is such a bad idea that I'd refuse to do it for a client.

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1 Answer | Asked in Employment Law for Illinois on
Q: A friend of mine has been scheduled for 42 hours of work over six consecutive days. Is he qualified for overtime pay?

These hours are specifically not spread over the same scheduled "work-week" -- his bosses have been careful to schedule each work-week so that he never accrues more than 40 hours per pay period.

James G. Ahlberg
James G. Ahlberg answered on Jun 9, 2020

No. Overtime is due after 40 hours of work in the same work week.

1 Answer | Asked in Employment Law for Illinois on
Q: Can my employer force mandatory overtime for over a month straight?

i work in illionis and i am aware of the One and seven days Act. i have been working everyday since may 4th.

with the exception of May 24 and May 25 (memorial day and we got the sunday before because the Union got those days off and there was no production for maintenance to cover) at... Read more »

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

This is a tough question without more information than you provide. The One Day Rest in Seven Act does not apply to certain employees, including, "Employees needed in case of breakdown of machinery or equipment or other

emergency requiring the immediate services of experienced and...
Read more »

3 Answers | Asked in Divorce for Illinois on
Q: Uncontested divorce Illinois. Attorney refused to represent me

My husband & I are divorcing and have agreed on terms as far as marital property division and maintenance. The attorney I hired, after reviewing the tax returns and agreement, has refused to represent me. He says that I am eligible for much more according to the law and that a judge wont... Read more »

James G. Ahlberg
James G. Ahlberg answered on May 21, 2020

Don't lose sight of the fact that this is your one and only, never to be repeated, sole chance, to receive what you are entitled to. There is no do over. There is no opportunity to reconsider a year or two from now if you realize you were taken advantage of, what you received is simply not... Read more »

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1 Answer | Asked in Family Law for Illinois on
Q: joint divorce application representation?

Hi, after being separated for a long time, my wife and I would like to divorce. We have no kids, no property, no pension, very little money in the bank, and have no claims against each other. We would like to file a joint divorce application. Can the same lawyer represent both of us? Thanks.

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

No, a lawyer can only represent one party.

2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: Can my child move in with me even though his mom has primary physical custody?

We have 50/50 custody, but were never married and she has primary physical custody. We all live in the same town. He's 14 and wants to live with me. Is he free to do so, or do I need to go to court first?

James G. Ahlberg
James G. Ahlberg answered on May 1, 2020

You have to go to court first. Your child does not have a free choice of where he lives until he becomes an adult at 18.

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1 Answer | Asked in Family Law for Illinois on
Q: My mother was removed from my life about 10 years ago by myself and husband ,she is a toxic person and can’t be trustes

She has been told repeatedly to not come to my house, call, send items in the mail or contact myself or my children under any circumstances. Again she is toxic and not welcome in my life, especially around our children. My husband is 100% in agreeance. However, she continues to send items in the... Read more »

James G. Ahlberg
James G. Ahlberg answered on Apr 2, 2020

You need to go to court and get a "no contact - no stalking" order. Almost any general practice or family law lawyer can help you with this.

1 Answer | Asked in Child Custody for Illinois on
Q: I would like to file for custody of my son I don’t want to completely take him from his mother what can I do

I have always had my son more ever since me and his mother separated which was when he was 1 now he is 5 and for the last year and a half we have both had him half and half because on Christmas of 2018 she tried to take him away and used her being the mother to keep him from me so she practically... Read more »

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

Your best bet is to schedule an appointment with a lawyer who practices family law. Bring any paperwork (court orders and such) you have related to the situation and explain to the lawyer what's going on and what you want done. If you don't know how to find a good lawyer, talk to friends... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Is unpaid leave equivalent to a separation in employment which would trigger pay out of earned vacation
James G. Ahlberg
James G. Ahlberg answered on Mar 26, 2020

No. The Illinois Wage Payment and Collection Act refers to an employee who "resigns or is terminated" as being entitled to receive his or her earned vacation pay. It wouldn't hurt to ask your employer if they'll pay out your vacation pay however. An employer can do it if... Read more »

2 Answers | Asked in Employment Law for Illinois on
Q: I am a 63 year old woman, working for the same company 14 years. Company changed my position and didn't give me options.

This is an entirely different position. I was told in December that they were looking for a place to "put" me. I had no choice in the matter or given any option, company focus was changing to some extent. Went from outside sales management, to working with inside global education... Read more »

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

Kyle Anderson's answer is fundamentally correct for Illinois as well. There are certain circumstances under which you may be eligible for unemployment even if you quit, but based on the information you provide it seems unlikely. You may wish to schedule an appointment with a lawyer familiar... Read more »

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1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Illinois on
Q: I'm 16 and live in illinois. I want to be emancipated from my parents. How do I do that? My home is unsafe to live i

My house is in awful condition. Its unfit and unsafe to live here. My parents wobt consent to my emancipation and may become violent. I have people that would let me live with them. I dont know what to do.

James G. Ahlberg
James G. Ahlberg answered on Mar 14, 2020

It's not easy. To learn how it is done, go to this website: http://www.ilga.gov/legislation/ilcs/ilcs.asp

On the window that opens, click on Chapter 750 FAMILIES.

On the next window that opens, click on 750 ILCS 30/ Emancipation of Minors Act.

Pay particular attention...
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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: I have an estate law question.

My father passed away in February. My sister obtained keys to his house and she is now refusing to provide me with a copy.

James G. Ahlberg
James G. Ahlberg answered on Mar 13, 2020

You don't provide enough information for anyone to give you solid advice. Did your father have a will? If he did, who did he leave the house to? Has an estate been opened in your father's name? If so, who is the executor or administrator and what are they doing about this situation? If an... Read more »

1 Answer | Asked in Child Custody for Illinois on
Q: My 17 year old daughter wants to move out of state to live with me she says her mother is getting abusive

I live in Missouri and she lives in Illinois

James G. Ahlberg
James G. Ahlberg answered on Mar 12, 2020

Assuming your custody or parenting order was issued by an Illinois court, you need the court's permission for your child to move out of state. It is more complex an issue than it seems -- don't try to do this without a lawyer who knows what to do and knows the evidence that's necessary.

1 Answer | Asked in Employment Law and Business Law for Illinois on
Q: Can an employer demand reimbursement for hiring expenses if the employee quits?

Employee has been employed for 3 months and this was never disclosed as a condition of employment. No contract/agreement is in place agreeing to reimburse employer for hiring expenses.

James G. Ahlberg
James G. Ahlberg answered on Mar 11, 2020

No.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can a child request a change in parental time?

Our child would like to change parental time but know it will upset the other parent.

Can I petition the court for a change on behalf of the child or would I be petitioning as the parent with cause?

If I am able to file a motion for change, what documentation can I provide to the... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 9, 2020

You are the one who would file a motion or petition, not your child. The documentation you need is going to vary depending on the reasons the modification of parenting time is sought.

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