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Questions Answered by Marilyn Johnson

1 Answer | Asked in Divorce for Illinois on

Q: Looking for a divorce attorney I thought I was divorced and come to find out its been brought back to court

Only married 3 years as a couple the rest separated she is asking for my income to much to survive I don't feel this is right she put me in such financial det I had to file bankruptcy now my health is very poor and shes asking for more this is wrong how can you help...

Marilyn Johnson answered on Apr 14, 2019

You need to check your divorce file at the Clerk of Court's office to find out exactly what is pending in your case. You have a short marriage so if there is any maintenance owed by either you or your spouse it should probably be for a short period of time unless you are referring to child... Read more »

2 Answers | Asked in Divorce for Illinois on

Q: She hasn't, lived with me for over a yr now can i claim she abandoned me and she cant get house are car I just bought

Marilyn Johnson answered on Apr 14, 2019

There is no longer the ground of abandonment in the state of Illinois. The grounds are irreconcilable differences. As long as you are married , all property acquired during the marriage is considered to be marital property. If you purchased the car and the house with marital funds then your spouse... Read more »

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1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: My son's baby's mother is trying to move out of state with him my son does not one his son to go what does he have to do

Marilyn Johnson answered on Apr 3, 2019

Your son needs to immediately file a petition with the court to establish his paternity. He also needs to obtain a restraining order prohibiting the mother from leaving the state so that the matter is litigated in Illinois.

1 Answer | Asked in Family Law for Illinois on

Q: Can dcfs prevent me from moving?

I told dcfs i was going to be leaving my drunk abusive boyfriend after school gets out. They told me i had to stay here until they were done with the case.

Marilyn Johnson answered on Apr 3, 2019

You most definitely should not leave the state until the matter is resolved in court. If your boyfriend is abusive you should probably file a Petition for Order of Protection.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on

Q: I have a confusing situation and a few questions to ask.

Divorced, moved back after one year. Requested child support stopped. Caregiver, with part-time work. Children are almost 18 and 16. I have been there all along helping care for them. Recently I moved right next door and the kids are always either at my rental or their fathers next door. I work... Read more »

Marilyn Johnson answered on Apr 3, 2019

Yes, your former husband can get a withholding order for child support and serve it on your employer. You should appear in court on each and every court if you do not have an attorney. You should inform the court of your situation with your children as it can effect the child support amount. You... Read more »

3 Answers | Asked in Family Law for Illinois on

Q: My wife dissipated her 401k, and the divorce is now finalized. Can I still file a dissipation claim?

I filed a motion in Aug requesting division of the marital home, in that motion I stated that she had made numerous 401k hardship withdrawals, then spent the money. At the trial opposing counsel filed and was granted a motion of limine. There is a court ordered sale of the marital home, the... Read more »

Marilyn Johnson answered on Mar 20, 2019

You no longer have a claim of dissipation once the judgment is entered. This is an issue that should have been before the trial court. Dissipation is not always easy to prove to the court and in Illinois the statute regarding dissipation must be strictly complied with so that notice is given on a... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on

Q: I won custody case and I am still paying child support because she has not responded since Sept 18'. How do I stop pay?

The mother tried to move my son out of state. My son decided to live with me and has been since July 17'. I took her to court and won custody. She has not responded since my win in Sept 18'. I have paid about 20k in support while my son lives with me. Now he turns 18 in a month and graduates in... Read more »

Marilyn Johnson answered on Feb 24, 2019

You need to file a Petition to Terminate Child Support. This should have been included in your Petition to Modify Custody.

1 Answer | Asked in Tax Law, Divorce, Family Law and Probate for Illinois on

Q: Can I claim child tax credits for 2018 if ex-spouse died?

In our settlement, my ex and I agreed he would take the child tax credits for our children every year on his tax returns, though I am the custodial parent. He died last spring. Should his 2018 (deceased) return carry the child tax credits, (in which case any refund would go to his estate which is... Read more »

Marilyn Johnson answered on Feb 24, 2019

You are bound by the terms of your Marital Settlement Agreement.

2 Answers | Asked in Family Law for Illinois on

Q: Mt ex filed for child support ok cool but says I can’t be dad bc he has one already I live in Illinois them in Missouri

Marilyn Johnson answered on Feb 24, 2019

you need to file an appearance in the case and request that a DNA test be taken to establish paternity.

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Illinois on

Q: Specifically, if I've never reported his extensive abuse, it's not well documented, is it still important to bring up?

Advice re: a domestically violent ex-husband who I'm attempting to get custody and approval to relocate & more importantly emergency temp custody hearing today. I have no attorney that will work with the limited income I have to help cover.

Marilyn Johnson answered on Jan 22, 2019

You absolutely should present to the court any and all incidents of abuse even if they have been previously unreported and undocumented. The court will then weigh the presented evidence and rule accordingly.

1 Answer | Asked in Child Custody and Family Law for Illinois on

Q: my ex and I broke up. We have two kids together. There is no custody agreement and we were never married he is in

He moved to Alabama and I live in Illinois. I ALLOWED him to take my kids for the summer. He will not bring them back and he refuses to let me.have any contact with them. He has one in school and one that is not. I want my kids back. How do I get them since they are in Alabama. They have always... Read more »

Marilyn Johnson answered on Nov 25, 2018

You need to file for an Emergency Order of Protection as soon as possible. You will be asking the court for physical possession of the children and that they be returned to you in Illinois.

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