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Questions Answered by Marilyn Johnson

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

Q: Does it reflect poorly that I didn't involved my ex in paying school fees when I'm the one responsible for payment?

I'm responsible for enrolling our children in school and paying the fees. My ex is sending me repeated messages that I did not involve them in the process(?). The children picked out their classes prior to the end of the school year and I sent that info to my ex months ago. One child was... Read more »

Marilyn Johnson answered on Aug 18, 2019

As long as you complied with the court order, there should be no issues with your actions that you described.

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

Q: Can my sister and I be charged with child Abduction?

My child’s mother and I got into an argument after having a few drinks. The situation escalated quickly and I didn’t want my son exposed to it unnecessarily. At first my son’s mother agreed to let me take our son with me to my parent’s home. I called my sister for a ride. When I began to... Read more »

Marilyn Johnson answered on Aug 18, 2019

You need to file a Petition to Establish Paternity. Obviously you both should not be drinking in the presence of the child as it caused you both to not have very good judgment. In court you will be able to establish custody and set a parenting schedule.

1 Answer | Asked in Family Law for Illinois on

Q: I have sole responsibility of my children, I recently filed a motion to modify visitation due to my son starting school.

When we went to court the mother disputed asking why she can't pick him up from school, this was to modify her Wednesday visitation she has visitation from Wednesday 10am until Thursday 8am. We have another Court date Monday for a hearing. Is there a motion I can file for her to produce her work... Read more »

Marilyn Johnson answered on Aug 18, 2019

You need to file a Notice to Produce and ask her to produce her work schedule. As far as the pick schedule from school, you are very unclear as to what is actually happening so it is difficult to respond to your question.

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

Q: Ex quit job (again) prior to a custody\child support trial.

Each time there is a child support hearing my ex quits their job. Prior to 2017, this action has allowed them to obtain more child support. In 2017, they were deemed voluntarily underemployed. Due to other circumstances the children now reside with me on a temporary order and I've motioned to... Read more »

Marilyn Johnson answered on Aug 6, 2019

If your former spouse voluntarily quit his or her job, the court can impute income to him or her. If you are providing the children with a loving and stable home, the court may not want to remove the children from it. The court encourages stability of environment for the children.

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

Q: Best interest of the child in the court eyes.

My ex moved closer to me in order to obtain residential custody and decision making. Currently our children are living with me due to my ex relocating our children out of state without permission. My ex recently quit their job and amended their response to they want equal shared time and no child... Read more »

Marilyn Johnson answered on Aug 6, 2019

From what you have alleged, I do not believe the court will change Residential custody and decision making. Your former spouse has a history of not obeying court orders and the court will not take that lightly. If your former spouse voluntarily quit his or her job, the court can still enforce the... Read more »

1 Answer | Asked in Family Law and Civil Litigation for Illinois on

Q: Is there a possibly that I would win if I request my spouse to pay 100% of our child's mental health fees..

if they were the cause of the visits?

Our child was seen by several therapist regarding stress caused by the other parent. Stress that was because the other parent involved them in adult matters, conversations, appointments\visits that caused undo anxiety and stress. Could I file a motion... Read more »

Marilyn Johnson answered on Aug 6, 2019

You do not indicate if your spouse is your former spouse. If you are divorced, there should be a provision in your judgment in regards to medical expenses for your child. You need to refer to the judgment . If you are not divorced then your spouse is under no obligation to reimburse you for past... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on

Q: What is an in-camera judge appearance like to a child?

My child is scheduled for an in-camera meeting with the judge regarding primary residency during the school year. My child is 12 and is nervous about the other parent badgering them about what is discussed. I want to be able to reassure my child.

Thanks

Marilyn Johnson answered on Jul 27, 2019

An in-camera meeting with the judge is usually not recommended because it can cause much stress for the child. The court usually tries to avoid it and will quite often appoint a guardian ad litem or a child's representative that can act as the eyes and ears for the court. In your case, however, the... Read more »

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2 Answers | Asked in Family Law and Child Custody for Illinois on

Q: Does the Petitioner's request that the Respondent provide proof of valid DL before every child exchange seem reasonable?

First, this is part of a proposed temporary parenting agreement in lieu of a final order. However, the Petitioner has been withholding the child from the Respondent for over a year in the absence of orders, and has justified this with a list of entirely false but severe allegations. That said, the... Read more »

Marilyn Johnson answered on Jul 16, 2019

It does not reasonable from the facts that you have stated. If in the past you lost your driver’s license then the court could order what she is requesting. If not, then there is no reason for there to be a restriction on your parenting time.

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

Q: I have been getting the same amount of child support for 15 years.

My child’s father recently took me to court for more parenting time. I asked for more money for extra-curricular activities and other school fees. Now he wants to settle by paying a little extra child support. Can I asked for back child support? And what about college? He and his lawyer is trying... Read more »

Marilyn Johnson answered on Jul 15, 2019

You should file a Petition to Modify Child Support. The court will only consider child support retroactive to the day of filing that petition so do it immediately. In addition to the child support, he will be responsible for a contribution to your child's extracurricular activity expenses and... Read more »

1 Answer | Asked in Family Law for Illinois on

Q: How to correct a marriage license after 15years

When i was 16 i got married using an id card from a shelter i was living in the id card had my allies name is there a way to correct it with my real legal maiden name

Marilyn Johnson answered on Jul 15, 2019

You should hire an attorney.

1 Answer | Asked in Family Law for Illinois on

Q: Unwed father. a 7yo daughter. Have her min 149 overnight stays. Paternity established. Want to gain legal/physical cust

Oversaw and managed entire enrollment for school, coordinate majority of medical/dental visits. Pay for at least half sometimes all of extracurricular activities. Communicate respectfully and consistently with mother about co parenting topics only to be ignored or disregarded constantly. I am... Read more »

Marilyn Johnson answered on Jul 15, 2019

If you are truly concerned about your child's welfare you should petition the court for a majority of the parenting time and sole decision making. That is a major concern if the mother is emotionally unstable and her new boyfriend has problems and is confrontational. Child support should not be... Read more »

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

Q: What would the process look like if I was to argue that my ex is mentally abusing our child and request limited time?

Our child lives primarily with me. My ex is mentally and verbally abusive to our child. Compared to other people its probably not as bad as it sounds but the child has anxiety from it and is becoming withdrawn, angry, depressed (has headaches and stomach aches) after their parenting time with my... Read more »

Marilyn Johnson answered on Jun 16, 2019

You should file a Petition to Modify the Parenting Time. It is often difficult to prove mental and verbal abuse but you need to take immediate action to protect your child. The Court can appoint a child representative or GAL. The Court can order that the child see a therapist. Quite often your... Read more »

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

Q: what is the likely chance that my son father would get joint custody being a felon?

With two cases dealing with children. One of them kidnapping our son but he on the birth certificate but I didn't give him permission to take him. Having a mile-long record of crimes on his background plus pictures of when I picture of my son after I have to pick him up with scratches and a bite... Read more »

Marilyn Johnson answered on Jun 16, 2019

Illinois statutes no longer use the word custody. There is allocation of parental responsibilities for decision making and parenting time. From the facts that you have alleged, the father of your child would in all likelihood not be awarded any decision making as it appears that he has not had good... Read more »

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

Q: At what age can my daughter tell a judge she doesn’t want to see her bio-father?

My 15 year old daughter no longer wants to go with her bio-father on his parenting time. At what age can my daughter tell a judge this and get little or no time with bio-dad? Her bio-dad wasn’t in her life until she was 10yrs. After her getting to know him and custody battles for 4 yrs under our... Read more »

Marilyn Johnson answered on May 28, 2019

You should file a Petition to Modify the Parenting Time and include all of your allegations in it. There is no age certain in Illinois that a child can make a decision as to whether or not she wants to see her father, but you can petition the court for an in camera interview with the court. The... Read more »

2 Answers | Asked in Domestic Violence, Family Law and Child Custody for Illinois on

Q: Vacated Order of Protection, but my parenting time is still restricted. What can I do?

My ex-wife took out an OoP regarding our child. Because of this, parenting time was restricted to supervised visitation. OoP was then vacated, but my parenting time is still restricted. I would like for the allocation of parental responsibilities to be returned to the original Custody Judgment -... Read more »

Marilyn Johnson answered on May 28, 2019

If the restrictions were ordered in the Order of Protection and it was vacated then there are no restrictions for your parenting time. However, the supervised parenting time order was entered in the divorce then you need to petition the divorce court to remove the supervision.

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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 »

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