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Questions Answered by James G. Ahlberg
1 Answer | Asked in Landlord - Tenant for Illinois on
Q: can this cause problems?

This is my first time renting an apartment with my boyfriend and our son

when we applied we never mention anything about our 3 year old son. We will be moving in tomorrow and i am scared that this might cause a problem with the landlord since it's only a 1 bedroom apartment. Is there... View More

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

No guarantees, but it shouldn't cause a problem as long as your son is in your legal custody -- and unless there's a court order giving custody to someone else, he is.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I am 1/4 owner of home in Wisconsin per quit claim deed, Joint Tenants with Right of Survivorship..

Can I severe the joint tenancy by putting my share in a family trust? Must the three owners be notified of this step?

James G. Ahlberg
James G. Ahlberg
answered on Nov 19, 2019

This question should be answered by a lawyer licensed in Wisconsin. Those of us licensed in Illinois can provide you an answer if the real estate was located here, but laws vary from state to state and should not rashly assume the answer is the same in Wisconsin.

1 Answer | Asked in Family Law for Illinois on
Q: Me and my ex girlfriend have joint custody in Illinois she goes out every night to meet up with a guy is that child neg
James G. Ahlberg
James G. Ahlberg
answered on Nov 16, 2019

That depends. If the child is old enough and mature enough to take care of himself while she's gone, it's probably not neglect. If the child isn't old enough and mature enough to take care of himself while she's gone, but she leaves the child in the care of a responsible adult,... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My lease says im responsible for pest control but I live in an apartment building. My apartment has bedbugs.

I have seen other tenants throwing away couches and beds. Lets say hypothetically, my apartment is the only one with bedbugs. Would I have to pay for the whole entire apartment building to be sprayed?

James G. Ahlberg
James G. Ahlberg
answered on Nov 15, 2019

An attorney can't give good advice on your question without having a copy of the lease in front of him or her. You'll need to meet with a lawyer.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Do you always need a lawyer for a child support case if we were never married?

I have been the sole provider for my almost two year old for her whole life. I recently got summoned to court because her dad wants custody and child support. He has a lawyer but I can not afford one. I asked the judge for a 30 day continuance to obtain a lawyer but most of them are $3000.

James G. Ahlberg
James G. Ahlberg
answered on Nov 13, 2019

Strictly speaking, no. Practically speaking, yes. You can build a house without a carpenter, a plumber or an electrician, but how good a house will it be? Similarly, you can present your own case before the judge, but how good a case will it be? Borrow the money from friends and relatives if you... View More

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: When buying property can you do anything if existing neighbors have built on or over your property line?

I'm in the process of buying a piece of land and when looking over the aerial map and going out to the location it looks as though the existing neighbors has put a shed on the line if not over the property line. As a new owner can I say something about it?

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

That depends on a number of factors which need to be explored in a conversation with a lawyer experienced in such problems. For example:

1. Has an easement allowing the shed to cross the line been recorded? If so, is the shed within the legal description provided in the easement?...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: First hearing for my 3 year old son, never married.

cant afford an attorney. The mother has kept me out of my sons life, he is 3 now. I filed for visitations over a year ago, and we came to an agreement at mediation a couple months ago. At our most recent court date she changed her mind. My case is now set for a hearing and I am supposed to bring... View More

James G. Ahlberg
James G. Ahlberg
answered on Oct 30, 2019

Opposing parties frequently claim they have evidence that will keep a person from ever seeing his or her child again. It's nonsense -- don't worry about it. If such evidence existed you'd know what it was. And Marilyn Johnson is right in saying the misdemeanor battery shouldn't... View More

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1 Answer | Asked in Estate Planning for Illinois on
Q: What power of attorney do you need to sign if you are dying? My friend is single mom, poor and very sick. Thank you
James G. Ahlberg
James G. Ahlberg
answered on Oct 17, 2019

Three documents come to mind:

1. A will, not just to dispose of her earthly possessions, but primarily to nominate a guardian to care for her children after she passes;

2. A Power of Attorney for Property allowing someone to manage her affairs until her death; and

3. A Power...
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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: can I sue for severance pay been delayed?

I submitted paper work for my severance pay and waited the 10 days to receive the paycheck. It’s been 13 days and I’ve been told by my Employee Service Center that paperwork was never submitted. I have bills to pay and need that check.

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

Your best bet is to re-submit the paperwork. A lawsuit will take months (and possibly years) to settle the issue.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: I filed for divorce but missed the court date and the case was dismissed. How do I proceed with the divorce?

I have not had contact with my spouse and do not know of his whereabouts any longer. I have tried to contact him regarding the divorce but I get nothing back, I don't know what to do anymore.

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

You have 30 days from the date a case is dismissed to file a motion asking that the order of dismissal be vacated. If the motion is granted it reinstates the case. As far as your spouse's whereabouts, (1)if you had a Summons and Petition for Dissolution of Marriage served on him or her,... View More

1 Answer | Asked in Divorce, Family Law, Personal Injury and Child Support for Illinois on
Q: I was involved in motor vehicle accident against UBER. Currently filing a lawsuit and I have child support obligations?

I was involved in motor vehicle accident against UBER. Currently filing a lawsuit and I have child support obligations?

I was considered disabled since my accident on 12.24.17 and been home since. We will be pursuing a lawsuit of 7 figures! How does this affect my child support once all... View More

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

These are questions to take to the lawyer handling your case. He or she is intimately familiar with details about your circumstances that uniquely enable him or her to give you accurate advice. You've already committed to pay that lawyer a large fee. You should feel free to pose your questions... View More

2 Answers | Asked in Divorce for Illinois on
Q: divorce needed

divorce needed both parties married in state of New Jersey, husband residing in Illinois for past 8 years, wife still in NJ no kids no property involved no contest. Can you do this or do you of attorney who can?

James G. Ahlberg
James G. Ahlberg
answered on Sep 20, 2019

It can be done. Your best bet is to talk to friends who've been divorced to see if they have a lawyer to recommend, click on the "Find a Lawyer" tab on the Justia.com website, or Google the term "divorce lawyer, danville, illinois".

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1 Answer | Asked in Child Custody for Illinois on
Q: Can I get the custodial parent for Kidnapping for leaving state after my visitation is suspended temporarily

Original order says she cAnt leave state without permission

James G. Ahlberg
James G. Ahlberg
answered on Sep 20, 2019

Probably not, although you may be able to get her held in contempt of court.

1 Answer | Asked in Family Law for Illinois on
Q: An inmate at Menard correctional center is trying to get visitation rights with his kids. What must he do?

Once he was transferred from the Whiteside County Jail in Morrison, IL to Menard his visitation rights expired. He asked me, a pastor, what he would need to do to get them reinstated at his new location.

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

If the prior visitation order was granted by an Illinois court, he'll need to have an attorney file a request to modify parenting time in the circuit court for the county that issued the prior order. He could file it himself, but he'll have a problem attending court hearings and will need... View More

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: My son is turning 11 and his father has never probated, if I asked for child support how many year can we go back?

He’s not on the birth certificate.

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

Child support is typically only collectible beginning on the day a request for it is filed with the court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: My 11yrs is in a private school with a scholarship, can he still obtained scholarships after filling child support.
James G. Ahlberg
James G. Ahlberg
answered on Sep 16, 2019

This is a question you'll have to ask the school, since they are the only ones that know the answer.

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for Illinois on
Q: If my 22 yr old cousin were to hit me, and my sister called the cops, would she go to jail? I'm 15 turning 16 in a week.

She hasn't done it yet, but she talks about it all the time. Like, when she got into a fight with my younger sister (not physical) and she said she has to leave pur house before she "lays hands" on one of us (me, and my younger siblings). I am just asking to make sure what to do when... View More

James G. Ahlberg
James G. Ahlberg
answered on Sep 13, 2019

She is not likely to go to jail for a first offense, though if she causes serious injury it's possible.

1 Answer | Asked in Family Law for Illinois on
Q: My Son is in the hospital under psychiatric review and no one will speak to me about him what can I do he's 19.
James G. Ahlberg
James G. Ahlberg
answered on Sep 4, 2019

If he's 19 he is legally an adult. He can either give his permission to the hospital to communicate with you or, if he is no longer competent to make his own decisions, you can ask a court to appoint you as his guardian since he would be considered a disabled adult.

1 Answer | Asked in Family Law for Illinois on
Q: My husband was a Vet and passed away n Oct. 2018. We were separated, not legally, and wanted 2 gain access to his apt n

Indiana. I live n Chgo. They told me I couldn't cuz my name wasn't on lease. How do I get his possessions

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

This is a question to ask an attorney licensed to practice in Indiana, not Illinois.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: can my lanloard have my trailer towed with no warning
James G. Ahlberg
James G. Ahlberg
answered on Aug 26, 2019

Not legally.

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