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 »
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 »
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.
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 »
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.
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 »
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 »
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.
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 »
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.
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 »
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.
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 »
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 »
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.
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 »
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.
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 »
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.
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 »
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 »
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 »
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 »
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.
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 »
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 »
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.
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 »
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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