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Questions Answered by James G. Ahlberg

1 Answer | 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).

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.

1 Answer | Asked in Workers' Compensation for Illinois on

Q: Is there a time limit in Illinois to seek medical aid with a on the job injury?

Fell on shoulder at work. Filed paperwork about injury but did not feel need for medical aid at the time. Have pain off and on for seven months. Want to see doctor and am told I waited too long and workmans comp will not pay the bill. Is this right?

James G. Ahlberg answered on Jun 14, 2019

The insurance company's perspective is that since you went without treatment for seven months you must not have suffered an injury needing treatment. In their eyes, the fact you need treatment for the first time seven months later indicates you suffered a re-injury that they are not responsible for... Read more »

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

Q: Where can I get info about local attorneys who can give me an approx cost?

What if my husband doesn't pay the fees when I don't have the money to cover attorney fees.

James G. Ahlberg answered on Jun 12, 2019

Call and ask them how much they charge and how fees are calculated.

2 Answers | Asked in Contracts, Family Law and Civil Litigation for Illinois on

Q: In the state of Illinois. Do I have to return a Promise Ring to an exboyfrien?

He now wants the ring, claiming he is paying on it.

But also, he is back with his ex girlfriend.

James G. Ahlberg answered on Jun 10, 2019

No. He gave you a gift. It's yours.

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1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on

Q: Own a property with my husband and grandmother. How can we transfer Gram's interest to my name only?

This is a family property, my family. In the event of divorce, I want to ensure that I maintain majority interest in the property. Gram is 93, what would happen to her portion in the event of her passing? She has outstanding debts at this time.

James G. Ahlberg answered on Jun 6, 2019

There's no way to answer your question authoritatively without more information. I encourage you to meet with an attorney. When you do, bring a copy of the deed establishing title in you, your grandmother and your husband. The answer to your question can only be determined by examining that deed.

1 Answer | Asked in Employment Law for Illinois on

Q: What must I do to reestablish Cobra payment to an employer that ran out? I've Cobra by design until October 31, 2019.

I've been told about Cobra from the insurance card customer service number that the plan is until May 31, 2019, yet it was also said by the health insurance company that the plan is paid through March 2019. This affects my Special Enrollment Period, and I cannot get the owner to communicate back... Read more »

James G. Ahlberg answered on May 31, 2019

Contact the insurance company with your questions if you can't reach the employer.

1 Answer | Asked in Family Law for Illinois on

Q: How much would it cost to get emancipated? How hard is it to get emancipated at 16 in Illinois?

James G. Ahlberg answered on May 31, 2019

Unless you are completely supporting yourself economically and both your parents agree you should be emancipated, it won't happen. How much it costs to will vary depending on the hourly rate charged by attorneys in your community.

1 Answer | Asked in Landlord - Tenant for Illinois on

Q: Can my uncle (who is my landlord) evict me from the apartment he owns without time to find and move somewhere

Verbal contract only. I get mail there. I have keys to both building door and the apartment door. All my property is still there. He stated he is changing the locks and anything left inside will be thrown away. Intimidated me and scared me with fear of trespassing and chance of being arrested

James G. Ahlberg answered on May 28, 2019

If the question is, "CAN he do it?" the answer is yes, people can do a lot of things. If the question is, "Yeah, but is he breaking the law when he does it?" the answer is also yes. He is supposed to give you notice that you're being evicted and, if you don't move out within the time specified in... Read more »

2 Answers | Asked in Real Estate Law for Illinois on

Q: in Illinois if the house next to me is for sale, does the realtor have to have the property surveyed if i request it.

i know that the property line isn't at the current fence line. i want to know the exact line for myself and so the new owner won't be misled thinking they own for than they do.

James G. Ahlberg answered on May 27, 2019

No. If it matters a lot to you, pay for a survey of your lot, not the neighboring one. If it doesn't matter enough to you that you're willing to pay for a survey, you shouldn't worry about where the lot line is.

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2 Answers | Asked in Divorce and Estate Planning for Illinois on

Q: Confused - downsides of getting a prenup and declaring assets ahead of time? Is it better to hide premarital assets?

Getting married for first time in a few weeks, his first marriage as well. I outearn him 4:1. Confused whether to show my cards - I believe his expectations of me would increase. He doesn't know my salary and net worth. Very confused what to do. Financial habits are very bad -no savings and... Read more »

James G. Ahlberg answered on May 27, 2019

Under the circumstances you outline I see no downside to getting a pre-nup. I strongly encourage you to do so.

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1 Answer | Asked in Landlord - Tenant for Illinois on

Q: can my neighbor put a video camera in my home having access to the feed illegal in Illinois. I didn't give permission

My exboyfriend gave permission so he could watch me

James G. Ahlberg answered on May 23, 2019

No.

1 Answer | Asked in Family Law for Illinois on

Q: How do I become legal guardian of my nephew who resides in Cook County with his aunt who adopted him

Current guardian no can longer take care of him - 16yrs old. Can I just transfer guardianship? Notarized letter? Does this have to be handled through court? And if so, where do I start and what paperwork is needed? Trying to do this the easiest way possible

James G. Ahlberg answered on May 21, 2019

This must be done through the court. Your best bet is to contact a lawyer well-versed in family law and, if everyone agrees this is what needs to be done, meet the lawyer with the aunt and the nephew present and discuss what needs to be done.

1 Answer | Asked in Real Estate Law for Illinois on

Q: We sold our house and the listing agent did not inform us he was acting as a duel agent. What are possible remedies?

We also disclosed to the listing agent what we still owed on the property, imagine, the offer came in at that exact price. Later we found out true buyer was girlfriend of agents brother. Possible breach of fiduciary duties?

James G. Ahlberg answered on May 20, 2019

Yes. Bring all your paperwork to a competent real estate attorney and explain what happened.

2 Answers | Asked in Divorce and Estate Planning for Illinois on

Q: Do you need to declare liquid assets that have a beneficiary in a prenup in illinois (bank accounts and retirement)?

Don't want my fiance to know my assets but want a prenup - is there any solution?

James G. Ahlberg answered on May 20, 2019

I agree with Mr. Kulerski. One of the key requirements for a valid pre-nuptial agreement is the full disclosure of all, repeat all, the assets of each party to the other.

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

Q: Can my 17 year old daughter choose to live with me without going through the courts? She will turn 18 in 6 months.

My ex wife is the custodial parent of our two kids, ages 14 and 17. My daughter no long wants to live with her mother. We have joint custody and I pay child support. My daughter wants to leave but I do not know if she can just leave and move in with me or do I have to petition the court. Like I... Read more »

James G. Ahlberg answered on May 16, 2019

When she's 18 years old she becomes an adult and can live where she chooses. Until then, her residence is determined by court orders.

1 Answer | Asked in Real Estate Law for Illinois on

Q: If a real estate agent is acting as a dual agent in a home sale can he represent the buyer at closing?

James G. Ahlberg answered on May 13, 2019

No. You cannot trust someone who's already told you he is contractually obligated to also represent the other side to just represent you at closing. You need to hire an attorney as quickly as possible. Buying a home is typically the biggest expense you'll ever have -- it is worth the expense of... Read more »

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

Q: We now live 74 miles from each other. His visitation every other weekend. Do I have to drive the extra 27 miles?

We have 50/50 custody with me as Primary residence. He moved after we were divorce 27 miles further. He wants me to pick her up now at his residence. He picks her up at mine. But I also didn't move further. If we went back to court would I still have to drive the distance?

James G. Ahlberg answered on May 13, 2019

There's no hard and fast answer to this. It will be up to the judge if the two of you can't agree.

1 Answer | Asked in Employment Law for Illinois on

Q: My employer pays below minimum wage to be on call and does not pay for travel time.These are beyond scheduled work hours

James G. Ahlberg answered on May 13, 2019

Pay for travel time depends on whether you are commuting (which is not compensable) or traveling between job-sites or between your office or other base of operations and a job-site (which is typically compensable).

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