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Questions Answered by James G. Ahlberg

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on

Q: In the state of Illinois, if your employer pays employees based on position, can they hire someone for a position

And pay them more than the guy already doing the job without raising the other guys pay?

James G. Ahlberg answered on Aug 22, 2019

As a general rule, yes, they can unless there's a contract (such as a union contract) providing otherwise.

1 Answer | Asked in Child Custody and Child Support for Illinois on

Q: What can I do? I have 8 year old daughter. We live in Illinois.

My daughter was born in 2010. I was there for the birth but left the hospital to go buy some stuff for the baby.When I came back the ex girlfriend had filled out all the paperwork for the birth certificate.Years later I came to find out she didnt add me on the birth certificate and misspelled my... Read more »

James G. Ahlberg answered on Aug 20, 2019

Get a child support/custody order.

1 Answer | Asked in Divorce for Illinois on

Q: I am married. However, I want a divorce and have not yet been. I live in an apartment with my daughter, want him out.

He sexually kissed my 16 year old daughter, but I never filed a police report. Also, he threatens to have me taken to jail if I don't let him in? I am married. We dont feel comfortable with him in the home. The police said I cant force him to leave, but can they force me to let him in?

James G. Ahlberg answered on Aug 12, 2019

Don't rely on the police for legal advice. You can get an order of protection keeping him away from you and your daughter as well as your home. Although you can seek an order of protection on your own, I recommend that you contact a lawyer about this. If it's worth doing, it's worth being sure it... Read more »

1 Answer | Asked in Family Law and Education Law for Illinois on

Q: Can I sue a medical school for fraud or discrimination? I was dismissed due to poor grades from a mental disability.

I was diagnosed with OCD my first year of medical school. I failed three classes my first semester and the school told me to take time off and come back the next year. I came back and passed two semesters but then failed another class the semester after that. Once again, they told me to take time... Read more »

James G. Ahlberg answered on Aug 9, 2019

This is a question to ask an attorney licensed to practice in Indiana, not Illinois.

1 Answer | Asked in Workers' Compensation for Illinois on

Q: I injured my lower back at work and went through the Conservative treatment route without recovering.

After about 9 months and a visit to an IME, surgery was scheduled. Unfortunately, surgery was not successful and I still suffer from a “Pinched” nerve. For some reason, doctor won’t say, surgery was not completed completed and the spine (L4, 5 and S1 was fused together, “as is”). I... Read more »

James G. Ahlberg answered on Aug 5, 2019

It seems you're asking a medical question. Get a second opinion from another doctor. If you don't have a lawyer, get one ASAP to protect your rights and answer your questions with authority.

If you're asking a legal question as to your rights under the Workers' Compensation Act, most...
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1 Answer | Asked in Real Estate Law for Illinois on

Q: Who is responsible for trimming trees, bushes on property line ?

Can my neighbor forces me to trim my trees, bushes and vegetation overhanging his property line ?

Can my neighbor to call the police regarding this problem ?

Can I get a ticket from the police officer for overhanging trees, bushes, limbs and vegetation ?

James G. Ahlberg answered on Aug 5, 2019

The alternative to you trimming your trees and bushes is that the neighbor will do it. He or she can cut the overhanging vegetation right up to the property line -- which means he or she may do it badly and inadvertently harm your plants. Be a good neighbor, prune the stuff.

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on

Q: What are the qualifications for pro bono case?

Employee law help.

James G. Ahlberg answered on Aug 5, 2019

The willingness of a lawyer to handle a case for nothing. That's it.

1 Answer | Asked in Family Law for Illinois on

Q: 13 year old daughter mentally, emotionally and now physically being abused by her dads girl friend Called DCFS no help.

I have been fighting a custody battle for 3 years. My 13 year old daughters father has been absent most of her life now all of a sudden wants to be father of the year. My daughter comes home in tears with the horrible things he has said about me and the mountain of lies and threats against myself... Read more »

James G. Ahlberg answered on Aug 5, 2019

You need to file a motion for the appointment of a guardian ad litem (GAL) in your custody case. The GAL is a lawyer appointed by the court to investigate the situation on your daughter's behalf and make recommendations to the court about what to do in regards to parenting time (formerly called... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Illinois on

Q: My mom claims that she signed a document in Alabama that will not let me move out until I'm 19.

I live in Illinois now and I want to move out when I'm 18. What I want to know is if even though I turn 18 can she still stop me from moving out legally or if I can move out without her consent?

James G. Ahlberg answered on Aug 5, 2019

Once you're 18 years old you're legally an adult. You can move out without her consent unless you are developmentally disabled and she is your court-appointed guardian. This is rare. You would know if this happened since the court proceedings would have been within the past year and you would have... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on

Q: my sister is 17, her parents have joint custody. Her mom won’t let her move to ny with her dad. Can she just leave?

Her mom is verbally and mentally abusive. I am her 20 year old sister and I am willing to take her to NY. The parents have joint custody so can her mom stop her from going to him? I thought that after a certain age a child can choose where they want to live? Well, her mother doesn’t even give her... Read more »

James G. Ahlberg answered on Aug 1, 2019

The age at which a child can determine where they live is when they become an adult under the law, namely his or her 18th birthday.

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1 Answer | Asked in Divorce, Real Estate Law and Probate for Illinois on

Q: New Hampshire home owner failed to file quick claim deep signed by ex-spouse. Divorce decree clearly state ex wife

Not entitled to house. Owner died. House in probate. Ex wife now trying to claim house because quick claim deed was not filed 4 years ago when divorce was final. Does ex wife have have legal right to take the house?

James G. Ahlberg answered on Jul 18, 2019

This is a question to ask a lawyer licensed to practice in New Hampshire, not Illinois.

2 Answers | Asked in Criminal Law and Domestic Violence for Illinois on

Q: Can I get a restraining order for harassment/stalking against Mother?

My mother is harassing me, my children(all under 13), my husband, my in laws and anyone else that has a relationship with me(calls, texts, facebook/messenger, going to their houses). I have cut all communication with her, and have told her many times to stay away(proof with text messages and so... Read more »

James G. Ahlberg answered on Jul 15, 2019

While I don't necessarily disagree with Mr. Ooink, consider a Stalking-No contact Order instead. Either order should achieve the result you seek, though you may need to enforce either order by asking that your mother be held in contempt of court.

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1 Answer | Asked in Real Estate Law for Illinois on

Q: What are my rights and options?

Long before I moved into my current residence as a newlywed, the neighbor had a privacy fence built that was known by both homeowners to be over the property line into this property. No easement was asked for or paid. The current owner has 3 downspouts that drain onto my yard (two from the house, 1... Read more »

James G. Ahlberg answered on Jul 13, 2019

I encourage you to make an appointment with a lawyer to discuss your options since there are so many variables. For example, if the former owner of your home gave permission to put the fence on your side of the line, you can revoke the permission and demand that it be removed, but if the neighbor... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on

Q: My landlord gave my roommate and I an option to break our lease, I can’t accept. Can she evict me?

I do not have the means to find a new place right now nor do I have the means to pay the full amount of the rent by myself. My landlord is well aware of this but is threatening to evict me and go after me for all the rent because I didn’t accept her offer.

James G. Ahlberg answered on Jul 12, 2019

She shouldn't be able to evict you if you are not in violation of the lease, at least until the lease period ends. If your roommate accepts the option, you may find that the landlord wants to collect the full rent from you, however, unless the lease specifically provides that each tenant is... Read more »

2 Answers | Asked in Child Support and Family Law for Illinois on

Q: Can the state force you to partake in child support. When both parents had agreed on voluntary child support agreement.

My husband never missed a month of voluntary child support in the past 5 years and the DHS is trying to force the father (my husband) into getting it court ordered. Refusing us services even though we are low income. We are friends with the mother and share the kids equally. We even help her... Read more »

James G. Ahlberg answered on Jul 12, 2019

Yes, they can.

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2 Answers | Asked in Family Law, Immigration Law, Business Law and Medical Malpractice for Illinois on

Q: Hello, I'm a young student at college looking to transfer to law schools. In this matter, what should I be looking for?

I want to know which schools are the best and which schools are not as good as the rest, but still pretty good. Just want to know what schools to look at, and which ones not to spend my time reviewing them, so I can make the best decision possible when transferring from college. If possible to I... Read more »

James G. Ahlberg answered on Jul 9, 2019

This is way too broad an inquiry to be addressed in this forum. Talk to you college counselor; better yet, if you know an attorney, see if he or she will take time to talk about these subjects with you. Most will be willing to do so, I suspect, but the task of writing a comprehensive reply to your... Read more »

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1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: I am a legal guardian for my grandson I need to know how to go about getting visits with his mom supervised

She is unstable and in an abusive situation

James G. Ahlberg answered on Jul 2, 2019

If there is court-ordered visitation, you must go back to court and ask for an order that visitation be supervised. You'll need to prove why it is necessary.

1 Answer | Asked in Landlord - Tenant for Illinois on

Q: Is a landlord required to return a full deposit if a lease was not signed and he changed his mind?

James G. Ahlberg answered on Jul 1, 2019

Yes, provided the tenant never occupied the property.

2 Answers | Asked in Child Custody and Child Support for Illinois on

Q: How csn you get child support and back child support waived

James G. Ahlberg answered on Jun 21, 2019

You typically can't, unless you can prove you're not a parent of the child (either biological or adoptive).

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1 Answer | Asked in Employment Law for Illinois on

Q: Can an employers work comp insurance deny a surgery due to a previous work comp injury from another job 6 years ago?

6 years ago, i tore my ACL and required surgery. this was due to a work injury. fast forward to today, i was injured again at a new job and tore the same ACL and am now required to have another surgery. can my current employer try to deny my claim and surgery? this injury has always been disclosed... Read more »

James G. Ahlberg answered on Jun 19, 2019

They can try to deny the surgery, they are not likely to succeed. If you don't have a lawyer, get one ASAP to fight this for you.

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