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Questions Answered by Marilyn Johnson
1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: We agreed to sell the house in Moline at the time if the divorce,(08/09/2012). Need house sold and back rent.

We agreed to sell the house property in Moline at the time if the divorce,(08/09/2012). Included was a clause in the divorce degree that he would pay me rent if home wan NOT sold with in a 2 year period, by 08/09/2014. He has not sold the home or paid me any rent. He is still residing in the home... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Mar 18, 2020

You need to file a Petition for Rule to Show Cause as to why he should not be held in contempt of court for violating the judgment. There are two issues . The first is that he failed to sell the house within the two year period. The second is that he failed to pay you the rent. This pleading should... Read more »

1 Answer | Asked in Child Support for Kansas on
Q: Is it okIf a non custodial parent has proof for them to pay other parent directly owed child support and they reject it?

I have emails, mail sent to me from modification of me having to pay child support was dropped but they told me i had to pay him directly what i owe and he's sent back almost every payment, stating he can't accept it unless it's coming to me from the state not myself. I have kept all... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Mar 16, 2020

You should make the payments to the State Disbursement Unit. You then have proof of the payments and do not create Extra, unnecessary issues.

1 Answer | Asked in Family Law for Illinois on
Q: Does my daughters father get her for a week.

I have all custody of my almost 12 year old daughter, her non custodial father gets visits. My daughter is out of school this week because its closed due to coronavirus. Shes out of school next week because of spring break, which its my break with her. She's out the following week because... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Mar 16, 2020

You need to follow what it says in your parenting agreement. However, in all likelihood it usually is in the child's best interest to be with one of the parents. So in the event that you are not available that week, you should consider the father.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Is there a time period for a child to speak to a judge on which parent they want to live with?

A year ago our children were able to speak to the judge when a modification of parental time and responsibilities occurred. In a year we will be filing a new motion parental time and responsibilities due to change in circumstances. Our youngest (14) no longer wants to spend as much time at the... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Mar 9, 2020

It most definitely depends on the judge that you are before. Some judges will never talk to the children. You should file a Motion for In Camera Interview and request that the judge interview the child. If the motion is denied, the judge may appoint a GAL or you may need to file a Motion for... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How does clarification of a court order work?

There are a few disagreements occurring with our allocation of responsibility order and I would like clarification on the wording. It's clear that I read it one way and my ex reads it a different way.

Marilyn  Johnson
Marilyn Johnson answered on Mar 9, 2020

You can file a Motion for Clarification. The court can then review the provisions in your Allocation Judgment that are at issue and hopefully clarify it for you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: When is a good time to file a motion of contempt?

My ex has primary authority on medical however they are not following the court order reading having discussions with me on medical procedures, notification of appointments or providing me access to the healthcare provider information.

I want to make sure I have enough supporting information.

Marilyn  Johnson
Marilyn Johnson answered on Mar 9, 2020

Your judgment may indicate how you are to communicate with your spouse which be via Family Wizard, email,etc. If so, communicate as is required by the judgment. If not, communicate in writing so that you can present written evidence in court as to the violation of your judgment.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What if my 15 year old doesn't want to go into the court room.
Marilyn  Johnson
Marilyn Johnson answered on Mar 4, 2020

You didn’t provide enough information. If a court order was entered that you are to bring the child to court and it. It complied with, you could held in contempt of court. If there was a court order, then you must encourage her to comply with the order. If there was not a court order entered to... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: If I have a daughter and I didn't marry, can I take my daughter on a week vacation out of state?

We have not gone to court for any type of custody or for any other legal action.

Marilyn  Johnson
Marilyn Johnson answered on Mar 4, 2020

Yes. You can take your child out of state for a week. You should inform the father of the details of your trip so that he is fully informed. If you do not inform him, he may become very concerned and worried.

1 Answer | Asked in Family Law for Illinois on
Q: What can i do if someone mental and emotional abuses me?

My dad says some rude things to me but me trying to stop talking to him doesnt work

Marilyn  Johnson
Marilyn Johnson answered on Mar 2, 2020

If your dad is saying rude things to you there more than likely is nothing you can do about it from a legal standard. You should talk to your mother about it or a responsible adult.You could even talk to your school counselor.

1 Answer | Asked in Family Law for Illinois on
Q: If there is no visitation order for 6 years can I the sole custodial parent move out of state
Marilyn  Johnson
Marilyn Johnson answered on Feb 28, 2020

More information is needed. If this is a paternity matter and there has been no finding by the court who the natural father is, then you can move out of the state. If there has been a finding or you are or were married to the father, then you will need a court to do so if there is no written... Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: My ex get public assistance. Now she wants C.S. will i have to pay back child support although I've taken care them

I have bills I've paid, receipts, and statements that 70 percent of my check went towards living for all my family, my ex and two of my kids. Been together 23 years and she only worked 12 of them and I have notarized letters that I gave her child support every year until recently. I lost a job... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Feb 28, 2020

If there is a child support order, you are responsible for that payment. You are entitled to visit with your children, but if former wife does not allow you to have parenting time with the children then you will need to petition the court for parenting time. If there is already an order for... Read more »

2 Answers | Asked in Divorce for Illinois on
Q: My ex has not paid half of health insurance for one of our children as stated in the divorce. How can i get him to pay?

We signed in divorce that since I carry health insurance that my ex would pay half for insurance of kids until they remained on my insurance. He won't pay.

Marilyn  Johnson
Marilyn Johnson answered on Mar 18, 2020

You should file a Petition for Rule to Show Cause why he should not be held in contempt of court for failure to pay one half of the insurance. The court can find him in contempt of court for violating the court order.

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1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: 50/50 custody.

I plan on discussing with my lawyer when the time comes. I dont have the extra $ right now and because of the tender age of my daughter i know it will not happen. I just wanted to know if i keep up with everything and keep doing what im doing if my chances will be greater. I already know her mom... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Feb 25, 2020

You should continue to follow the parenting time schedule and to be actively involved in your child's life. You definitely should not agree to change your child's surname. Do not miss any parenting time, attend school functions and attend extracurricular activities. If you do that , it... Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Can she seriously do this?!

My husbands ex wife had custody of their daughter. We had her every summer and every other weekend and for a year while she was in high school....the entire time we were paying the mother (except during months the girl was with us) and getting receipts from her with no problems. Never needed to go... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Feb 25, 2020

Yes she can petition the court for child support arrearages. The child support order should been modified years ago due to the change in the custodial parent. As it was never modified, the child support plus interest is owed. The payor has to provide proof of the payments. So if the former spouse... Read more »

1 Answer | Asked in Small Claims for Illinois on
Q: I owe money in a previous court case. They filed a citation to discover assets.can they freeze my buisinessbank accou
Marilyn  Johnson
Marilyn Johnson answered on Jan 17, 2020

Yes. They may be able to garnish your account.

1 Answer | Asked in Civil Litigation for Illinois on
Q: I am Pro se.Rule 213 Witness List. 1) what do I do if I do not have a witnesses address at the time my documents r do?

2) what do if a witness fears the other side and does not what them to have her address or phone#? 3) I have a witness that is giving me documents only and will not be appearing in court due to health reasons and lives out of state, do I need to state something concerning that under that persons... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Jan 17, 2020

You should file your witness list on a timely basis and under the witness' name put 'Investigation Continues'. When you get the address then amend your witness list. If you do not want to disclose an address for a witness, file a motion and request the court that the address not be... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: Miss Maryland hope you're still there and answer this I looked at my contract for deed paper

Paid it off After we were married does it make a difference like I said I have all receipts and it's only in my name he's never even paid property taxes an is there no law about abandonment

Marilyn  Johnson
Marilyn Johnson answered on Jan 15, 2020

If it has never been titled in his name, then it should be considered marital property by the court from what you have alleged.

1 Answer | Asked in Family Law for Illinois on
Q: My daughter has two children ages 3 1/2 in 20 months The father has never paid or helped out at all since-the have born
Marilyn  Johnson
Marilyn Johnson answered on Jan 15, 2020

If you are not married to the father then you need to file a Petition to Determine the Father Child Relationship. Paternity will be established and then you can get a child support order entered. Parenting time and decision making will also be addressed by the court.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: My Court Ordered Child Support had a termination end date on 11-20-19 upon my son's Birthday. This court order was

Written and signed by the custodial parent and stamped and signed by the Kane County Court on 1-12-07. My job finally stopped child support payments on 12-26-19 after realizing they were in violation of the court order termination date. The custodial parent wants to take me back to court to... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Jan 12, 2020

You should not have to pay any backpay but the other party can file a Petition for Contribution for College Expenses. This can be done only the child is going to college. If he is working and not going to college, he is emancipated and you will not have to pay any more child support for him.

1 Answer | Asked in Contracts, Divorce and Real Estate Law for Illinois on
Q: Illinois, I contract for deed my home 82214 NotMarried boyfriend moved in 1 year later we married I was ONLY one worked

His name is on nothing he work for cash only I have W-2s he left me got incarcerated for a year and he still is not living in the home he has many vehicles on property and I don't see him and vehicles are open titles can I get rid of them? &

my home is paid off and we're... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Jan 12, 2020

The only grounds that you can use for a divorce in Illinois are irreconcilable differences. You should not dispose of any property. Wait until you have a court order regarding the property. If the house is titled in only your name and you acquired it prior to your marriage, it should be considered... Read more »

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