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Questions Answered by James G. Ahlberg
1 Answer | Asked in Workers' Compensation for Illinois on
Q: If I qualify for workers' comp benefits for a work injury, how do they get paid out?
James G. Ahlberg
James G. Ahlberg
answered on Dec 4, 2018

It depends. Temporary total disability (TTD) will be paid directly to you by the insurance company unless your employer is self-insured, in which case the employer may pay you directly. Medical benefits are typically paid directly to the medical provider. Permanent partial disability (PPD) and... View More

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: What is the rule in Illinois about large purchases during the divorce proceedings?

I asked for separation in Nov of 2017 and filed for divorce in June of 2018. My husband bought a 2017 vehicle costing about $30,000 Nov of 2018. How does this new purchase factor into the division of assets and debt? Will this new debt be included?

James G. Ahlberg
James G. Ahlberg
answered on Dec 3, 2018

The vehicle will be included as an asset, the debt will be included as a liability. Typically the spouse who ends up with an asset also ends up with any debt secured by the asset.

1 Answer | Asked in Family Law for Illinois on
Q: Does my granddaughter 17 who lives with me have to go to her moms for the weekend.

The mother says she will call the police if she doesn’t show up

James G. Ahlberg
James G. Ahlberg
answered on Nov 30, 2018

If there's a court order saying mom should have the daughter this weekend, then the daughter is expected to go. Such a court order can be disobeyed under only the most extreme circumstances -- such as someone who is obviously intoxicated showing up to drive your granddaughter to her mom's.

1 Answer | Asked in Child Custody for Illinois on
Q: My ex is in jail, can I revoke any custody to the kids?
James G. Ahlberg
James G. Ahlberg
answered on Nov 30, 2018

Any action changing parenting time (formerly called custody and visitation) must be taken by a court. If your question is whether you are likely to win if you try to terminate your ex's rights to see the children, the answer depends on too many factors to list here. You need to know that... View More

1 Answer | Asked in Family Law for Illinois on
Q: Can first cousins once removed legally marry in Illinois?
James G. Ahlberg
James G. Ahlberg
answered on Nov 30, 2018

Yes.

1 Answer | Asked in Employment Law for Illinois on
Q: I think my boss is trying to get free work out of me and I'm not sure if it is legal.

I work for a school inside a larger university. That school pays my salary. My boss just informed me and 2 other co-workers that we are being moved to another unit inside the university but we will still be employees of the school we work for now. The deal he has set up with this other unit is any... View More

James G. Ahlberg
James G. Ahlberg
answered on Nov 29, 2018

You may have misunderstood, but it's worth asking him or her to be sure. Here's what I think the boss was trying to tell you:

School A (present employer) is "loaning" you to Unit B. School A will pay you for all the work you do at Unit B, HOWEVER if you do work at Unit B...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My son's father wants 50% custody but my son will be spending 90% of his dad's days with his step mom

My seven yr olds father lives in Iowa and has for almost two years. His Wife and step kids live here in IL. His Wife is pushing him to get 50/50 custody. Altho I don't have a problem with his wife, I still don't feel comfortable sharing my son 50/50 when my son won't even be going... View More

James G. Ahlberg
James G. Ahlberg
answered on Nov 28, 2018

Due to recent changes in state law, you and your ex-husband will be expected to propose how much parenting time each of you gets and when it will be (Illinois has done away with the terms "custody" and "visitation"). It will be important for you to emphasize that the term... View More

1 Answer | Asked in Family Law, Divorce and Child Custody for Illinois on
Q: Will I finally be given a temp parenting time agreement in the course of a motion for temp assistance filed against me?

I am in an obstructionist and contentious divorce which involves a 13-month-old. This child has been unlawfully withheld from me by the petitioner for the better part of this >7-months process. After 2 lawyers, I've still accomplished nothing - the 1st lawyer nearly refused my repeated... View More

James G. Ahlberg
James G. Ahlberg
answered on Nov 24, 2018

If no one has filed a petition to determine the allocation of parenting time (formerly called custody and visitation) the judge is unlikely to enter an order. If your second attorney was retained just to change venue and is effectively out of the case now, you need another lawyer ASAP.

1 Answer | Asked in Employment Law for Illinois on
Q: Am I obligated to train someone to do my job because that person doesn't have enough work to do as a full time employee?

I work part time as accounting clerk. Recently they hired someone to enter cash receipts, a job that was previously a part time position. Now this person doesn't have enough work to do so I've been asked to train her to do my job as "back up in case I want to take time off". I... View More

James G. Ahlberg
James G. Ahlberg
answered on Nov 23, 2018

You can refuse to train the person, but the employer can fire you for refusing to do it.

1 Answer | Asked in Adoption for Illinois on
Q: Is it possible to open up sealed records in Illinois?
James G. Ahlberg
James G. Ahlberg
answered on Nov 23, 2018

It requires a court order to do so. They are rarely granted.

1 Answer | Asked in Legal Malpractice for Illinois on
Q: I think my lawyer is bipolar and stopped taking his meds.

I can't reach him, and my family court date is approaching quickly. Can I sue for legal malpractice?

James G. Ahlberg
James G. Ahlberg
answered on Nov 16, 2018

Your best bet is to hire a different lawyer to take over the case immediately. You don't mention that your present lawyer's conduct has caused any damage to you, so at this point you have nothing to gain by suing him for malpractice.

1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: I rented an apartment and the property manager signed the lease, but not the landlord. Is the lease valid?
James G. Ahlberg
James G. Ahlberg
answered on Nov 15, 2018

Probably. Many landlord's delegate the authority to sign a lease to the person managing their property.

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Contracts for Illinois on
Q: Does a landlord have to have their property inspected before they can sell it?

I was engaged in a contract for deed and decided that we wanted to renovate. Before having the property paid the seller signed over the deed so we could get a loan on the property. While trying to get a loan we realized that the house would probably be condemned if inspected. Not knowing it before... View More

James G. Ahlberg
James G. Ahlberg
answered on Nov 13, 2018

What does your contract for deed say about your right to have the property inspected? Normally the seller doesn't have an obligation to have the property inspected. Instead, because it is important to the buyer, a buyer typically requires that the contract for deed allows them to have the... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Does my employer in Illinois need to pay out my PTO....WARN act?

Last day is 1/7/19. I am not to report to the office again. I currently have 100hrs of accrued PTO that I am unable to use given that I don’t report back. PTO does not roll over. Employer states doesn’t have to pay me out since it will be “lost” on 1/1/19. Is this accurate? I have no... View More

James G. Ahlberg
James G. Ahlberg
answered on Nov 13, 2018

If you're not reporting back, I'm not sure how your "last day is 1/7/19." It sounds like you've already been separated from your employment. I am answering this question on the premise that you PTO is equivalent to vacation and could be used as such. Section 5 of the... View More

1 Answer | Asked in Family Law for Illinois on
Q: In the state of Illinois can an ordained minister perform his own ceremony?
James G. Ahlberg
James G. Ahlberg
answered on Nov 12, 2018

During a quick review of the law and cases interpreting the law I didn't find an answer to your question. I have to

suggest you're asking the wrong question, however. You're obviously concerned that officiating yourself might jeopardize the ceremony's legitimacy and thus...
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1 Answer | Asked in Adoption for Illinois on
Q: If we adopt, and the birth parents are okay with it, how long until we are the legal parents of the child?
James G. Ahlberg
James G. Ahlberg
answered on Nov 10, 2018

That depends entirely on how fast your lawyer gets the paperwork done and how fast your local court system operates. It shouldn't be more than a matter of months unless a problem comes up.

2 Answers | Asked in Divorce and Child Support for Illinois on
Q: What is laws in Illinois regarding minor(17) in college.Does child considered automatic emancipated once in college ?

Child living with custodian parent and commute for college. Asking for College contribution petition not filed yet.without seeing financial affidavit judge already order that child support contributions will considered towards father's college contribution. Is it fair ? What can be next step ?

James G. Ahlberg
James G. Ahlberg
answered on Nov 10, 2018

Short answer: No. Emancipation in Illinois occurs on a person's 18th birthday. It can only occur earlier if a judge grants a petition to emancipate a minor.

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: There is a court order in place and he has kept my daughter from me for 6 years. How do I take him back to court to see
James G. Ahlberg
James G. Ahlberg
answered on Nov 7, 2018

There is no way to respond to your question without a great deal more information. Therefor, the only answer I can give is to make an appointment with a lawyer. He or she will ask you questions and gather the information needed to give you advice. Gather up all the paperwork you have on your case... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: How do I stop a land grabber
James G. Ahlberg
James G. Ahlberg
answered on Nov 3, 2018

Your question is so vague that I doubt anyone can answer it. The best advice I can offer is that you should make an appointment with an experienced real estate lawyer to explain your situation. Bring every single relevant document and photo you have to the first appointment with the lawyer so he or... View More

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