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Questions Answered by Jason L Traub
1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Hello I live in Chicago and I have 2 daughters ages 6 and 7 with my ex. He lives in PR. Can I serve him through court?

He's not in asume and child support in chicago isn't working fast enough. I don't have the money to fly to PR to serve him. I want to file a petition here in Chicago.

Jason L Traub
Jason L Traub answered on Mar 30, 2018

If the children were born here in Chicago and he then left the state, you may file a petition to establish him as the father of the children in Cook County. You will then need to contact a "Process Server" in the city/town in which he lives (use Google), call them, and then fax/scan/mail a copy of... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: Can a stepmother sue the biological mother for child support? The father has full custody as part of the divorce.
Jason L Traub
Jason L Traub answered on Mar 30, 2018

No - the stepmother does not have legal standing to sue the biological mother for child support. In other words, the person attempting to bring the legal action must, in the Court's eyes, have a significant interest or attachment to the subject of the suit/cause of action/claim for child support.... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: Can an established father file for visitation rights himself I live in Chicago and my son live in Iowa a problem legally

His mother won't allow me to see him alone when I go there it is in her boyfriend home and with his family. I am CPD Cadet now and won't be able to go see him now but I do want to see him alone on Sept when I am done. To drive there and then to her friends home another hour to see him for a... Read more »

Jason L Traub
Jason L Traub answered on Mar 30, 2018

Yes - you can do it yourself - you would be a "Pro Se" litigant,, meaning you are representing yourself.

If the Child was born in Illinois, and the mother subsequently moved out of state, you may still file in Illinois under the same case you used to established yourself as the Father....
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2 Answers | Asked in Family Law and Child Support for Illinois on
Q: When we get married can my fiance's exs lay claim to my income for child support?
Jason L Traub
Jason L Traub answered on Mar 30, 2018

As most answers go in the law: "It depends."

In most cases - no - the court will consider only the parent's income when establishing the individual child support obligation for that parent; it will not take into account how much their fiance/new spouse earns.

However, if your...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: My sons dad was threatening me to give him my son or he’ll call the police but order expired ‘14, what can i do?

My parents and i will be picking and dropping him off since 2012. And i just noticed the order has expired. And he always said he was bein so nice to pick up his son up, and said it my responsibility, he will always threaten me to call the police (me not knowing the order was expired) so he’ll... Read more »

Jason L Traub
Jason L Traub answered on Mar 30, 2018

I'm assuming the "Order" your referring to is an Order of Protection, as that is the only type that would expire unless otherwise vacated or modified by court order.

In order to set up transportation arrangements, parenting time, and statutory child support, you will need to contact an...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: my nephew ordered by court to live w/ dad 4 mo now & dad wont let aunt or grandma see or speak to him

Parental responsibility was given to the father because mother has substance abuse problem & she has open cases for driving with no license and open alcohol in the car she had my nephew with him

Jason L Traub
Jason L Traub answered on Mar 30, 2018

If the court ordered the child to return to live with his father, the child's aunt and/or grandmother do not have any rights to intercede, short of the child being put in danger. In the event the child is endangered, and the aunt/grandmother have some evidence of the endangerment or good reason to... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: Can my daughters grandmother put my daughter on an Order of Protection without mine or the mothers consent?
Jason L Traub
Jason L Traub answered on Mar 30, 2018

She may only name your daughter in the Order of Protection if she has some form of legal guardianship over the minor child, OR if she is a household member with the child and you and the mother are not.

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