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Questions Answered by James G. Ahlberg
1 Answer | Asked in Child Support, Family Law and Legal Malpractice for Illinois on
Q: Child support in Illinois: college student plus child with disabilities. My lawyer refused to do as I asked.

My ex and I originally compromised on our initial child support agreement. He offered a generous amount until the youngest of 4 kids was 18. I had always been stay at home mom. Because of his generosity (no calculations or % when it was still law), I did not seek maintenance. Then when oldest is... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 10, 2020

It is probably too late to seek maintenance, although you may have a very slim chance by arguing you and your ex were mistaken as to the facts involved when you made your choice. A judge can consider (and award) college expenses and can take into account the added expense of raising a disabled... View More

2 Answers | Asked in Family Law and Elder Law for Illinois on
Q: dementia diagnosis and guardianship

My grandma is 89 she has symptoms of dementia to my knowledge she has not been formally diagnosed by her physician her physician will not speak to me because he does not have a release to do so anytime anyone tries to help my grandma with anything she gets irate and violent she does not have a... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 9, 2020

To expand on Ms. Sexauer's answer a tiny bit, there is no way to get a guardian appointed for a disabled adult in Illinois without that person being made aware of it.

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1 Answer | Asked in Divorce for Illinois on
Q: My ex and I set up an account for my grandson for college while we were married; my grandson is 3 1/2 years old.

Within a month of the divorce becoming finalized, my ex closed out that account and pocketed the money. That account was in my grandson's name, with his social security number. My ex's name and my name were also on the account if something happened to my grandson. Could my ex close... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 6, 2020

This is a question to ask the lawyer who handled your divorce. He or she is familiar with the court orders and settlement agreements entered in your case. Ideally, one of those should have addressed the issue of what would happen to this account if the lawyer knew about it and the names on the... View More

1 Answer | Asked in Civil Rights and Real Estate Law for Illinois on
Q: Can I get on the deed of my deceased Dad’s house before my brother sells out from under me or takes a loan out?

As far as I know there is no will & I was the executive on his life insurance which I split in half with my brother.

James G. Ahlberg
James G. Ahlberg
answered on Jan 6, 2020

There are too many details left out of your question to determine what the answer is. You should meet with a lawyer licensed to practice law in the state where the house is located. During the appointment the lawyer will get these details and should be able to give you good advice.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: State of Illinois, is it a conflict of interest to have my ex-wife be represented by her current boss?

My ex-wife is employed by a ligation and personal injury attorney in the state of Missouri. He represents her at no charge in the state of Illinois where our case has been initiated. Is it a conflict of interest for him to represent her?

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

If he was your boss it would be a conflict of interest. If he's her boss it is not.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: Can my ex file for custody, taxes and child support?

I was given custody in 2017. My ex was not ordered visits or child support. In 2019, Aug my wife and I found out she was doing better and expecting a baby. I let her go live with her mom and grandparents in Tennessee while I live in Illinois so that she would be there for the birth of her brother.... View More

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

As long as an Illinois court has ruled on such things as custody, parenting time (formerly called visitation) or support, the children should remain subject to the jurisdiction of the Illinois court. The Tennessee court should refuse to take action contrary to the Illinois court's orders. This... View More

3 Answers | Asked in Divorce for Illinois on
Q: How do I find out if I am still legally married in another state

The divorce was filed in 2015, my ex's attorney never contacted me about mediation or anything else like he said he would. I no longer live in Oklahoma and haven't for years. How can I get this ugly situation gone for good or is it already and I just didn't know?

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

If the Clerk of the Court in the Oklahoma County where the divorce was filed has a website, use it to check on the status of the case. If you can't find a website, call the Clerk of the Court in the Oklahoma county where the divorce was filed and ask them how to find out.

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2 Answers | Asked in Divorce for Illinois on
Q: How do I get a divorce in Oklahoma whenever I live in Illinois I have not lived in Oklahoma for almost 5 years
James G. Ahlberg
James G. Ahlberg
answered on Dec 26, 2019

You can file for divorce in Illinois. Once you get your divorce here you should be considered divorced in all 50 states -- including Oklahoma.

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1 Answer | Asked in Family Law and Child Support for Illinois on
Q: What is going to happen next?

My ex has been alienating me from my son since he was a year old. Telling him to call me "Uncle". She told me I can be his father when she gets child support. Any visitation I had with him, she felt the need to supervise personally and I was only able to visit with him for 2 hour... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 17, 2019

You'll need to have a lawyer see the papers the sheriff served on before he or she can tell you what they are and what you should do about them. The lawyer can also give you advice about your rights to see your son and whether or not your ex could legally take him to Florida. A lawyer needs... View More

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Owed 10k in back child support, state is involved. He has quit 3 jobs in 6 months. What can i do. My son is 24 years old

We have been going back and forth to court several times, he does not follow the orders and once the state takes the money out of his check a few times he quits the job. I have pictures that show he is doing roofing jobs, he also owns several expensive cars he is selling. What can I do to help get... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 16, 2019

If doing it on your own hasn't worked, hire an attorney to file a Petition for Rule to Show Cause. This asks the court to hold your ex in contempt. If you win, the court has to order your ex to pay your attorney fees in Illinois. If it was me, I'd be asking the court to have him sign over... View More

2 Answers | Asked in Domestic Violence and Family Law for Illinois on
Q: If relocating due to an abusive partner, should I tell my abuser if we share a child? If so, when and how?

I reside in the state of Illinois and I am a victim of domestic violence (emotional, physical and verbal). My abuser is my child's father. Four days ago, I finally gained the courage to file a police report against the father of my child after he assaulted me once more in front of my infant... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 14, 2019

You need more advice than an attorney can adequately provide without an in-person interview. Please, for the sake of yourself and your child, make an appointment with a family law lawyer. He or she ask the questions needed to give you advice. If you don't know who to call, contact a local... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: RELOCATION

IF THE FATHER HAS NOT MADE CHILD SUPPORT PAYMENTS OR SEEN THE KIDS IN OVER A YEAR CAN I RELOCATE IF I HAVE AN EVICTION NOTICE CAN I LEAVE STATE WITH EXTENDED FAMILY ?

James G. Ahlberg
James G. Ahlberg
answered on Dec 9, 2019

Not without a court order giving you permission. It's more complicated than it sounds -- don't try to do it without a lawyer's help. While you're in court you should consider asking the judge to hold your ex in contempt for not paying child support.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Can I retire and not effect my workers com case while my case is being appealed
James G. Ahlberg
James G. Ahlberg
answered on Dec 6, 2019

This is a question to ask the lawyer handling your workers' compensation appeal. He or she may be aware of circumstances that determine the answer. As strangers to your case we don't have access to those facts.

1 Answer | Asked in Employment Law for Illinois on
Q: In an unemployment appeal hearing can I submit evidence that doesn't pertain to my termination to show character?

After I was fired my employer refused send to give me my last two checks for nearly two weeks. When he finally did pay me he changed the dates and pay periods on the pay stubs so it would look like there was no waiting week when I started. Primarily because he kept that weeks worth of pay. I... View More

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

No. The question before the hearing officer is not whether your employer is a bad person, but whether you are entitled to unemployment benefits. Contact the state Department of Labor to file a claim for your unpaid wages. This can be done on their website if you worked in Illinois.

2 Answers | Asked in Divorce for Illinois on
Q: I have a judgement for Legal Separate with my wife. How to I go about making it a divorce?

My wife and I decided not to divorce so she can stay covered under my health insurance. So we are legally separated with two children. We already have a Financial Agreement and Parenting Agreement. Now I want to change our status from "Legal Separation" to "Divorced". Do I need... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 3, 2019

It's possible you could do it on your own, but i strongly recommend returning to your lawyer (whose already familiar with your situation) and letting him or her handle it. There's a lot of truth in the old saying, "I'm a professional. Don't try this at home."

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1 Answer | Asked in Divorce for Illinois on
Q: Married 2003. Abandoned weeks later. She said she filed. No proof. Ready to remarry. Found her address to serve if s

She ran off w/ex. Tried finding proof of divorce. Can't find cuz she was on road. She won't give info.

James G. Ahlberg
James G. Ahlberg
answered on Dec 3, 2019

It's a pretty safe bet that if she won't provide the information, it didn't happen. Contact a lawyer in your area and file for divorce yourself if that's what you want.

2 Answers | Asked in Probate and Estate Planning for Illinois on
Q: How can I get a copy of my parents Will in Madison County Illinois?

My youngest sister is the executor of my parents will. My oldest sister and I are named beneficiaries in the will. Our father is still living. My father and my youngest sister will not provide me with a copy of the will.

James G. Ahlberg
James G. Ahlberg
answered on Nov 29, 2019

If your mother is deceased, her will should have been filed with the Clerk of the Circuit Court in Madison County. Contact the Clerk and ask how much it will cost to get a copy mailed to you. If your father is alive, you have no right to a copy of his will.

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2 Answers | Asked in Child Support and Family Law for Illinois on
Q: What can be done if a mother is willfully keeping the child from their biological father since birth

She refuses to let the father be apart of the childs life at all or except gifts from the biological father. And she has been in several different relationships since child was born and has told the child to call each one daddy. But will not let the biological father be apart of the childs life.

James G. Ahlberg
James G. Ahlberg
answered on Nov 25, 2019

The father has to go to court to get an order granting him parenting time (formerly called visitation).

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1 Answer | Asked in Divorce for Illinois on
Q: Can divorce lawyer request internet search history from my work

My son to be ex husband is accusing me of things I have not done and saying I have pending charges coming which is untrue I am a lawful and abiding citizen I was just curious if my soon to be ex husbands lawyer can request my internet history from my work

James G. Ahlberg
James G. Ahlberg
answered on Nov 25, 2019

Yes.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: So me and my girl friend are renting a 3 BR home. My family (different address) is getting evicted from their home

I have offer to Put them up for a few months, but the landlord was made aware of the situation and is telling me they do not have permission to stay until they find a new home. She has brought up getting background checks on them, or the city may see them living there and evict them, even though it... View More

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

No lawyer can give a solid answer to your question without reviewing the lease between you and the landlord. Your best bet is to make a brief appointment with a lawyer. Bring your whole lease with you, not just the parts that seem relevant to you.

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