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Questions Answered by James G. Ahlberg
1 Answer | Asked in Child Custody for Illinois on
Q: My ex husband is mentally ill and I want to file for full custody of my daughter
James G. Ahlberg
James G. Ahlberg
answered on Feb 27, 2019

I have to assume your question is whether you should hire a lawyer to do this. The answer is yes.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: I'm on disability, i have temp custody of 2 kids im in arrears on my oldest. Contempt has been filed. What can I do?

Dcfs took my youngest 2 from the mom. I've had them for 6 months. I have been on SSI since 2012 but haven't been able to work since 2008 cause of my disability. I am in major arrears an they have filed civil contempt of court. What is my best next move considering I can't afford an... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 22, 2019

Your question is confusing. You indicate you are receiving SSI (Supplemental Security Income) benefits. If SSI is your only source of income, you shouldn't have child support assessed against you since that income is exempt under federal law. On the other hand, you indicate you are disabled... View More

2 Answers | Asked in Divorce for Illinois on
Q: I think this is the last draft for uncontested divorce. Filing process? And what happens next?

Do I need a lawyer for anything for uncontested? We have negotiated three drafts. Married 23years. I have one concern regarding his retirement accounts.

James G. Ahlberg
James G. Ahlberg
answered on Feb 21, 2019

My opinion is that you need an attorney for a divorce. It is one thing to say it is uncontested, it is another thing to be sure the two of you have considered every issue involved in the case and that you are not being taken advantage of. Hiring a lawyer should solve these problems. Bear these... View More

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1 Answer | Asked in Real Estate Law for Illinois on
Q: Must a commercial real estate lease in Idaho be witnessed or notarized? Is a memorandum required to be recorded?
James G. Ahlberg
James G. Ahlberg
answered on Feb 18, 2019

Each state may have different requirements. This is a question to ask a lawyer licensed to practice law in Idaho, not a group of lawyers licensed to practice law in Illinois.

1 Answer | Asked in Real Estate Law for Illinois on
Q: If a contractor demands payment for a job not complete and threatens to put a lien on my property can he do that ?

I would like to hire another contractor to finish the job A.S.A.P.

James G. Ahlberg
James G. Ahlberg
answered on Feb 11, 2019

There are a lot of details necessary before your question can be answered. Your best bet is to gather every scrap of paper you have dealing with the situation and make an appointment with a lawyer. Don't forget to bring all the papers and forms the contractor gave you before he started working... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: My husband and I want to move to Texas to better our situation but, sons father owes 3,000 childsupport, can I take him?

My sons father had my son live with him for 2 months and it went sour. His girlfriend watched our son and never packed him a lunch or took him to school some days and the school contacted me. I then got my son back. Now my husband, daughter and youngest son are moving to Texas from IL to better... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 8, 2019

You need permission from the court to move your child out-of-state. There are a number of legal hoops to jump through and numerous things the judge needs to consider. Contact an attorney to get this done -- it is not something most people will succeed in doing on their own.

1 Answer | Asked in Divorce for Illinois on
Q: My husband (Has O.P.) had filed divorce (12/18) and I wont have funds for a response until 2/27/19

My husband (whom I have an order of protection) has filed for divorce 12/18/18. They have tried to service me once on 1/3/18. I wont have the funds for a response until 2/21/18. Will that be too late. How many times will they try to serve me before entering default?

James G. Ahlberg
James G. Ahlberg
answered on Feb 6, 2019

If your husband or his attorney knows where you live, it should not be possible to get a default judgment against you until 30 days after you have been served with a copy of the Summons and the Petition for Dissolution of Marriage. If a default judgment is taken against you, you should have 30 days... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: landlord handed me a notarized 7day eviction letter.

landlord/roommate has a history of evicting his tenants after 4-5 months. he doesn't write out a lease. he only does verbal contracts. he has gone out of his way to forbid me from using the stove, embarrassed me in front of my guest. he's even cut off the electricity for a few minutes... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 5, 2019

You're asking the wrong question. The real question is, why would you want to stay? Find some place to go and move out, even if you have to couch surf for a while.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: I have a 15 year old child support case with my ex. She's not made a payment in over 3 years. Can I ask for jail time?

She has never paid in full period in 15 yeaes. She's always been behind. I'm moving out of state and can't afford to keep coming back to press the courts to make her pay. Our children are 20 and 21. She quit paying the last time before our son was 18. She even admitted to this judge... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 31, 2019

Your attorney should file a Petition for Adjudication of Civil Contempt. This should result in an order to your ex to prove why she shouldn't be held in contempt of court for not paying support when it was due. A possible consequence of her being found in contempt is that she will receive a... View More

3 Answers | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: When does the 33 percent fee change to 40 percent in a contingency agreement?

I am looking to get clarification regarding the following paragraph:

---"Contingency Agreement. This is a contingency agreement. The attorney's fee shall be: a. 33 and 1/3 percent before Trial; b. 40 percent if the case proceed to a Trial."---

Based on this, when... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 26, 2019

My two cents: Trial beings once the first witness is sworn and answers the first question. Reasonable minds may differ, I suppose.

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1 Answer | Asked in Family Law for Illinois on
Q: How to Revoking POA and guardianship for my elderly parent, with complications due to doctors letter?

My sister has POA over my mother granted in 2013. Also was appointed guardianship to her in 2017.

There are some limitations but it stills stands that she is guardian. My mother tried to revoke my sisters given POA. Her request and document revoking the POA dated 1/2/2019 was returned and... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 23, 2019

Make an appointment with an attorney in your area. Bring every scrap of paper (really, EVERY scrap of paper) you have dealing with this situation to the first appointment so he or she can get a full picture of the situation. If you have proof your sister is making bad financial decisions, bring it... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I’m involved in a tenant/landlord dispute for rent and other fees

my soon to be ex-husband defaulted for 4 months rent, I had moved out and I have been taken to court for unpaid rent and fees, that I know I am not responsible for because I was no longer living at the residence when these decisions were being made. Please I need help,the case is in Rockford... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 21, 2019

I'm afraid I have bad news. If you signed the lease you may be liable for the rent even if you did not live there. The amount of the rent that's due needs to be addressed in the context of your divorce so your soon to be ex-husband either pays the landlord directly and reimburses you for... View More

2 Answers | Asked in Family Law for Illinois on
Q: How to get out of supervised visits when the GAL is biased and can be proven we keep getting moved around to different

Judges. The GAL , supervisor and child therspist are all in cohorts as i received emails I was not supposed to get . This is insane for a 30 day to go 9 months. The GAL won’t speak to me , answer any of my emails or VM - need help !!! But her billing is sporadic but what I do have is all... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 21, 2019

The bottom line is this: present all the information and documentation backing up your claims to your lawyer. If you don't have a lawyer, you need one ASAP.

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1 Answer | Asked in Child Custody for Illinois on
Q: I live in Illinois. I never married my child’s father. We recently split up. There is no court ordered visitation yet.

He picked up our daughter for visitation & refuses to bring her home until we go to court. The police where he lives said he can legally do this. The police where I live said as her mother I have custody until he takes me to court. His name is on the birth certificate. Which is true?

James G. Ahlberg
James G. Ahlberg
answered on Jan 18, 2019

Assuming you both live in Illinois, your rights and his rights are exactly the same until a court determines what to do. Let your lawyer know what is going on ASAP.

1 Answer | Asked in Contracts and Employment Law for Illinois on
Q: Good morning. My job was closed December 31st 2018 at Rush University Medical Center where I was employed for 10 years.

The contract I signed stated that I would receive severance and a retention bonus that was to be paid out this pay period. I have not received as promised and have my signed documents. What are my legal rights and options as not only was I laid off but my bills and well being are all affected by... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 18, 2019

It's hard to give you a solid answer without reviewing the documents you have. I encourage you to have your documents reviewed by a lawyer practicing in the field of employment law (not labor law, which deals with union-management issues, unless you were a union member) to assist you.... View More

1 Answer | Asked in Divorce for Illinois on
Q: My EX is harassing my daughters horse stable demanding that they give him my financial records. How do I get him to stop

We are divorced. I am not asking him to pay for her lessons. I pay for them. He does pay child support and is supposed to pay half if I ask for it. Does he have a legal right to know?

James G. Ahlberg
James G. Ahlberg
answered on Jan 18, 2019

It's none of his business as long as you're not asking him to contribute to the cost. Talk to your lawyer about this in the context of it being an attempt to invade your privacy. It may be his business that your daughter rides horses; it is none of his business how much you pay for it,... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: My step children were taken away from their mother by DCFS. The mother has not stopped the child support what do we do?

She is also still claiming them for food stamps and medicaid in Florida, which they are enrolled in school with us and are claimed for food stamps and medicaid by us in Illinois.

James G. Ahlberg
James G. Ahlberg
answered on Jan 18, 2019

In addition to what Mr. Choudry said, it sounds like she is engaging in welfare fraud. You may consider reporting her.

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1 Answer | Asked in Employment Law for Illinois on
Q: I worked for a nursing home some time ago and have been trying to get earned time paid. Nobody will call me back.
James G. Ahlberg
James G. Ahlberg
answered on Jan 14, 2019

Go to the Illinois Department of Labor website and download their complaint form for unpaid wages. Complete the form and return it to them. Your tax dollars (and mine) have already paid for their services, so it costs you nothing beyond that. If they don't succeed in getting your wages... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: What happens when you get a 5 day notice?

If you get a 5 day notice, and you can't pay the rent due, what happens on the fifth day? I've gotten differing answers from laypersons. Some say on Day 5 your stuff is thrown out, some say that on Day 5 the apartment simply goes to court and "starts the process" of evicting... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 10, 2019

If rent is not paid in full by the deadline of a properly served landlord's 5-day notice, the landlord must file a Complaint in Forcible Entry and Detainer (commonly referred to as an eviction) in the local circuit court, have a Summons and a copy of the Complaint served on the tenant(s), and... View More

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