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Questions Answered by Marilyn Johnson
1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: How long do I let my ex go on not telling me about our child's medical appointments?

My ex and I share joint and legal custody and defined primary decision making in different areas in the case we cannot agree. My ex has taken our child to several appointments for conditions that they deem as medical but has not told me about any of them. I'm finding out about the appointment when... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Oct 10, 2019

You must refer to your Judgment for Dissolution of Marriage to see what it states regarding medical appointments. If your ex is supposed to inform you of these appointments prior to the date of the appointment and your ex is not doing so, then you can file a Petition for Rule to Show Cause for a... Read more »

1 Answer | Asked in Family Law and Elder Law for Arkansas on
Q: Can I be forced to be my father’s POA or guardian? I do not want to be
Marilyn  Johnson
Marilyn Johnson answered on Oct 8, 2019

Absolutely not.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: husband pasted away 18 years ago was given money donations put money into savings accounts for the 2 girls we had

but had to use the money for things that came up can they sue me for the money

Marilyn  Johnson
Marilyn Johnson answered on Sep 23, 2019

It depends on who gave you the money and any restrictions that may have been put on it for the spending of it. Additionally, it may depend on what you used the money for-as was it for the benefit of the girls or was it used to buy yourself a piece of jewelry.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can I change my daughters last name if the father does not do anything to support the child?

I currently live in Illinois and after a year of hoping that my daughters father will change he did not. He does nothing to support her and cost me more money than anything. I want to change her last name because of that. Do I need a lawyer for this? Can a lawyer help me prepare the paperwork for... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Sep 23, 2019

You can file a petition to change her surname. It is not automatic because the court will consider all the reasons why you are a requesting a name change and the father's involment in the child's life. You should consult with an attorney.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: what can I do if the father hasn't taken the dna test in court... after the courts has ordered him to twice?

my child is one years old and I have put the father on child support, he has been served and ordered to take a dna test twice yet he has failed to do so, the judge has put a warrant out for his arrest yet he still hasn't been caught, and now my case is up for a progress call. can I ask the judge... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Sep 23, 2019

If you put his name on the birth certificate and he signed the Voluntary Acknowledgement of Paternity the court could enter a needs based child support order. If he is employed and you know where he is employed, you could send a subpoena to his employer for his income documents. Hopefully, he will... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: Hi I am in Illinois my question is listed below.

can I petition the court to compel my ex to limit our child's screen time, feed him nutritious foods, and discipline our son?

Marilyn  Johnson
Marilyn Johnson answered on Sep 15, 2019

If you believe that your former spouse is not acting in the best interest of your son, as abusing or neglecting him, you can petition the court for relief.

1 Answer | Asked in Family Law for Illinois on
Q: Daughters father not paying for 50% portion of school fees as stated in court order. Is court needed to make him pay?
Marilyn  Johnson
Marilyn Johnson answered on Sep 9, 2019

If he is not obeying the court to pay his 50% share, you will need to petition the court for relief. File a Petition for Rule to Show Cause for a finding of contempt. Make sure that you have obeyed the court order as far as tendering him receipts, etc.

1 Answer | Asked in Family Law for Illinois on
Q: Can I petition the court myself to move a minor out of the state? or does an atty have to do that.

My wife and I have guardianship of our grandson. In order to move him out of Illinois I have to petition the court. Our Attorney want $750 to file this. He has already used up the $2000 retainer fee to get the father to pay child support. (which has gone nowhere, and we have seen $0 from him), and... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Sep 9, 2019

Yes. You can represent yourself in court in regards to a petition to remove the minor child from the state. Before you do so, ask your attorney to withdraw from the case.

2 Answers | Asked in Bankruptcy, Family Law and Child Custody for Illinois on
Q: I owe my child custody lawyer over 16k... can i file for bankruptcy, either chapter 7 or 11 ti wipe out this debt?

Ive paid over 8k. I have nothing left

Marilyn  Johnson
Marilyn Johnson answered on Sep 15, 2019

Yes but you would have to be within the requirements of the means test as to income and expenses. Additionally, your assets would be considered by the court. In any event, you would be able to file a Chapter 13 if you do not qualify for a Chapter 7.

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1 Answer | Asked in Family Law for Illinois on
Q: Family Law question.

Family Law question. We were granted by the court permission to move 60 miles away, still in Illinois, but right on the border of Wisconsin. We would like to move about 15 miles from our current residence right over the border to Wisconsin. From what I understand I do not need permission from the... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Sep 3, 2019

I am not sure who you mean when you say "we" were granted permission by the court to move 60 miles away. You need to indicate where the other parent resides.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Joint custody

A non married couple, no longer reside together and have a baby together. If they were to seek joint custody, would either of them, legally, be able to keep the baby and not return him? Thank you.

Marilyn  Johnson
Marilyn Johnson answered on Sep 3, 2019

In Illinois, the father would have to establish paternity. When joint custody is awarded, there would also be an order for a parenting plan. The parenting plan would specify visitation times for both parents. Neither parent would be able to keep the baby from the other.

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
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
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
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
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
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
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
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
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
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 »

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