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Questions Answered by James G. Ahlberg
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... View 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.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Im 20, my girlfriend is 16 .we have a baby coming and dont live together. What are my rights.

She lives with her mom. He mom doesnt want us together. Can her mom keep the baby from me. Since my girlfriend will be a parent does that make her an adult?

James G. Ahlberg
James G. Ahlberg
answered on Mar 7, 2020

You've got a problem. The age of consent (when your girlfriend can agree to have sex) is 17 in Illinois. If you're 20, it appears you've committed statutory rape. Your girlfriend doesn't become an adult just because she has a baby. I'd say it's up to a court as to... View More

2 Answers | Asked in Employment Law, Gov & Administrative Law and Small Claims for Illinois on
Q: Should I contact a lawyer first about reporting wage & labor disputes with my employer?

I worked for a restaurant chain since 2013. I was hired for 1 hourly position at a specific rate, then cross-trained & given promotions w/raises over the years. I've had issues for years with my time clocks being manually edited by different mgers, i was paid incorrect rates than what i... View More

James G. Ahlberg
James G. Ahlberg
answered on Mar 5, 2020

Ms. Dyer's advice is correct. I would add that you should bring all the documents you can find which back you up.

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1 Answer | Asked in Adoption and Family Law for Illinois on
Q: How do I stop an adoption in Illinois and they never notified me?

I have 2 children that my mother has guardianship of and the guardianship was filed in Indiana so I petitioned the court to terminate the guardianship. In return my mother goes and gets an attorney in Illinois and filed for adoption of my 2 children. I have not been notified of the adoption in... View More

James G. Ahlberg
James G. Ahlberg
answered on Mar 3, 2020

You should immediately hire an attorney in the county where the adoption case has been filed. Bring all the paperwork related to the Indiana guardianship with you to the first appointment with the attorney. Explain what's happening and he or she should take it from there.

1 Answer | Asked in Family Law for Illinois on
Q: Can I start the name change process in Illinois before I turn 18?

Hello, I live in Illinois and want to change my name for personal reasons. I'm currently 17 years old but I turn 18 in April. I know that the name change process takes some time so I wanted to know if it was possible to START the process right now (file a name change notice in the newspaper... View More

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

If you're going to do it on your own you've got to wait until you're 18 years old to file. If a parent or guardian is willing to sign documents for you, you can begin now.

1 Answer | Asked in Family Law and Adoption for Illinois on
Q: Can I get my parental rights reinstated if I signed them away a few years ago?

I signed my rights away when my daughter was being fostered by my cousin. I had a drinking problem but I’ve been sober for a while now. Can I get my rights back?

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

There is no way to answer this without reviewing the paper you signed at the time.

1 Answer | Asked in Real Estate Law for Illinois on
Q: who pays for Chicago Law Bulletin, Law group or their client?
James G. Ahlberg
James G. Ahlberg
answered on Mar 2, 2020

If it is a subscription to the Bulletin, the law firm should pay. If it is a legal notice pertaining to a client's case, typically the law firm pays and is reimbursed by the client.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Sec. 513. Educational expenses for a non-minor child.

(a) states the court may aware sums of money out of the property and income.... for education expenses. Would an inheritance be used as a determining factor in what is available to pay for a non-minor child's higher education?

Would the court normally order a financial discover be... View More

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

The answer to both your questions is yes.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I went to go to the contest of selling my grandmother's property the judge was not in so I made

The judge and told me that already been sold and I tried to contest the shell but he didn't care

James G. Ahlberg
James G. Ahlberg
answered on Feb 19, 2020

It isn't clear what your question is. I suggest you make an appointment with a lawyer so her or she can figure out your question and what to do about it.

1 Answer | Asked in Employment Law for Illinois on
Q: How should you handle a problem with your employer not paying you what is owed to you

My daughter’s employer does not pay her on time and does not pay her the full amount that she is owed. This has been going on for months.

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

Your daughter should file a complaint with the Illinois Department of Labor. This can be done on their website.

1 Answer | Asked in Employment Law for Illinois on
Q: I was interviewing internally for a position but it was given to an external candidate chosen by a client not my compan

I currently work for a major health insurance company in their preventative onsite solutions group. We are contracted by companies and work onsite with their employees. I have been with the company for nearly 9 years and a high performer. My current site is downsizing and I need to move to another... View More

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

I don't mean this to sound flippant, but you need to look for another job. It is not illegal for your employer to hire someone from outside the company on the recommendation of a client. Your fellow employee who told you it creates a co-employment situation is wrong. Even if they were right,... View More

1 Answer | Asked in Legal Malpractice for Illinois on
Q: Would a complaint to the BAR resolve this?

Is this attorney blowing me off?

I was referred by email from considertheconsumer.com website last year to a Florida class action attorney regarding a robo- text I received repeatedly. The attorney was responsive from December 2019 to early February 2020.

I already signed a retainer... View More

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

Is the lawyer blowing you off? Probably not. Your case is called a class action because it involves hundreds, maybe even thousands of people. It isn't realistic to expect the attorney to respond immediately to every contact he gets from every one of them. Furthermore, you wrote he was... View More

1 Answer | Asked in Family Law for Illinois on
Q: Who has the legal overruling decision?

Who has the legal ruling decision wen my mom and dad share a home that m dad owned before they married and my mom doesn't want me there but my dad said I'm allowed to be there. Legally can I be there?

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

Yes, you can legally be there.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I vacated & paid a property mid month where the landlord did not send a lease? He says I owe for the whole month?

Do I still owe for the whole month? I've lived at the rental property for 4 years and the last year, the landlord did not send a lease.

James G. Ahlberg
James G. Ahlberg
answered on Feb 7, 2020

You probably owe for the whole month, but it's impossible to be sure without reviewing the terms of the last written lease you had with the landlord.

1 Answer | Asked in Real Estate Law for Illinois on
Q: In Ill, if i am 1/3 owner of a property but have been paying 100% of the property taxes can i force to sell?
James G. Ahlberg
James G. Ahlberg
answered on Feb 6, 2020

Yes. You need to talk to an Illinois attorney about filing what is called a partition action.

2 Answers | Asked in Child Support and Divorce for Illinois on
Q: Child support question

I got divorced in September of 2019 there was no previous court order that required my ex to true up for his secondary employment. I was told by my attorney that he only has to true up from the date of the divorce until the end of the year. Nothing about retro pay is mentioned in our MSA. MSA only... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 4, 2020

Rather than being pro-rated it is likely to be based on income earned from the date of the divorce through December 31. Your best bet is to ask the lawyer who represented you in your case, since he or she will be familiar with the terms of your MSA and their interpretation.

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1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: I requested FMLA. My employer filed a Workers' Comp claim? I didn't ask for Workers' Comp. Is that how it works?

I have 11 weeks of sick leave and some personal and vacation days that I could use on Family Medical Leave. I intend to go back to work once I'm better. I've been off for 2 weeks and expect to go back in 2-3 weeks; long before I run out of sick days. I'm concerned that my employer... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 31, 2020

That's a great question, but I doubt anyone can give you solid advice without sitting down and talking to you to get more information. Schedule an appointment with a competent workers' compensation lawyer. There's typically no charge for an initial appointment on workers'... View More

1 Answer | Asked in Child Custody for Illinois on
Q: My daughter was a college student at University of Nebraska, got pregnant. Had baby in Neb. where can she file custody?

Boyfriend kicked her out thanksgiving night at 11:30 pm and has been living with his dad (and dad's girlfriend) since. She is basically homeless out there. No family, few friends, did not finish college on his promises to marry and start a family.

James G. Ahlberg
James G. Ahlberg
answered on Jan 31, 2020

She can file for a determination of paternity, custody and child support wherever she and the child are living. She should do this ASAP, since until a court determines custody and visitation (now called parenting time in Illinois) she and the child's father have exactly the same rights to the... View More

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