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Questions Answered by Marilyn Johnson
1 Answer | Asked in Family Law and Child Support for Illinois on
Q: In 2015 I was hurt at the job and I was unable to work while recovering from a surgery. During that time I was getting

Paid Thru workman compensation of a check of 60% of my previous salary. I had a child support order for $210 a week but due to the fact that I was hurt and no longer getting paid from the job those payments stopped. I paid my Kids mom $110 a week since I was injured because I was only getting 60%... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Jan 12, 2020

You cannot change the amount of child support owed without a court order modifying it. So even if your income was reduced, you still owe the child support per the court order. At the time of your injury, you should have petitioned the court to modify the child support order. The child's mother... Read more »

1 Answer | Asked in Divorce and Appeals / Appellate Law for Illinois on
Q: Rules for filing an appearance in a matter on appeal. Appearance filing needed in appeal case by circuit attorney?

Matter on appeal (interlocutory and final order). Does circuit case counsel file appearance in appellate case or not? Is the attorney’s appearance filing in the circuit case automatically applied in the appeal case without that attorney or other filing an appearance in the appeal case in the... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Dec 31, 2019

An appearance must be filed in the appellate court case.

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Q: we have my bf’s kids Mon-fri & every other weekend does mom have to pay childsupport doesn’t work but her husband does

Mom doesn’t work so she does not have money to pay child support but she’s married & her husband has a job. Does child support take in to consideration her husbands income for child support?

Marilyn  Johnson
Marilyn Johnson answered on Dec 31, 2019

No, it does not but the court can impute income to her for her monthly expenses. The court can then calculate any child support obligation on that imputed income.

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3 Answers | Asked in Divorce for Illinois on
Q: How do I find out if I am still legally married in another state

The divorce was filed in 2015, my ex's attorney never contacted me about mediation or anything else like he said he would. I no longer live in Oklahoma and haven't for years. How can I get this ugly situation gone for good or is it already and I just didn't know?

Marilyn  Johnson
Marilyn Johnson answered on Dec 31, 2019

You need to contact the Clerk of Court in the county that the divorce was filed in to see if the case was dismissed or a judgment was entered.

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2 Answers | Asked in Divorce for Illinois on
Q: How do I get a divorce in Oklahoma whenever I live in Illinois I have not lived in Oklahoma for almost 5 years
Marilyn  Johnson
Marilyn Johnson answered on Dec 31, 2019

You need to file for the divorce in Illinois which is your state of residency. If you have minor children, thestate that they have resided in for the last 6 months is the state that has jurisdiction over the children.

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Is there anything I can do if my daughter's step mom is blocking communication between the father and I?

She continues to try to speak for him and will take it as far as acting as she is him in text messages from his phone. I have expressed I would prefer that our conversations are phone calls so I know I am relying information to the right parent, but have recently received a text message from her... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Nov 25, 2019

You need to file a petition with the court requesting that the father only communicate with you and not through third parties. Also, the court can determine the method of communication between you and the father and require him to always inform you of the location of your daughter.

1 Answer | Asked in Family Law for Illinois on
Q: My daughter is 16 her boyfriend is 18 and he just got kicked out of his house is it legal for him to move in?
Marilyn  Johnson
Marilyn Johnson answered on Nov 25, 2019

At the age of 18, he is no longer a minor so he can move into your home.

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Q: How can a state have 2 different dockets cases for the same child support? (Same mom, child and dad).

1982 (Michigan) When the divorce was final there was no order of support. In 1986 the mom put in for uresa initiating, & the state the dad was in gave an order of support. (North Carolina) later the dad moved to another state. (IL) Never heard anything from either states til 94 when there was a... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Nov 25, 2019

You definitely need to consult an attorney who can advise you.

2 Answers | Asked in Child Support and Family Law for Illinois on
Q: What can be done if a mother is willfully keeping the child from their biological father since birth

She refuses to let the father be apart of the childs life at all or except gifts from the biological father. And she has been in several different relationships since child was born and has told the child to call each one daddy. But will not let the biological father be apart of the childs life.

Marilyn  Johnson
Marilyn Johnson answered on Nov 25, 2019

The father needs to file a Petition to Determine the Existence of the Father and Child Relationship. The court will have to make a finding of paternity which may require a DNA test. After that the court will determine parenting time, parental responsibilities and child support.

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Im 16 and my mom is moving to ohio but i dont wanna go for reason im being mentally and physically abused

And i wanna run away to my grandmas house but i dont wanna have any police contact going on

Marilyn  Johnson
Marilyn Johnson answered on Nov 19, 2019

You do not mention your father. If he is in your life then you should communicate your concerns to him. Otherwise, you should tell a teacher or law enforcement officer your concerns.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: I am on child support can I get visitation with my daughter

I have been in no trouble have an apartment with my girlfriends 2/kids

Marilyn  Johnson
Marilyn Johnson answered on Nov 19, 2019

From what you have indicated, you should be able to have parenting with your daughter. You will have to petition the court for a parenting time schedule. Your parenting time will be ordered by the court taking into consideration the age of your child . If you have not been in your daughter's... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: I have raised my son & daughter the last 20 yrs. my papers say both parties(me and ex wife) are responsible for post

secondary education. my son 27, graduated college 4 yrs ago. my daughter 24 graduated in December 2018. can I bring my ex wife to court to try and collect the money she did not pay? she didnt pay one dime.

Marilyn  Johnson
Marilyn Johnson answered on Nov 19, 2019

Probably not. You waited too long. However, you should consult an attorney to review the terms contained in your judgment.

1 Answer | Asked in Child Support for Illinois on
Q: Can i file for child support if the childs father still lives with me but refuses to pay bills

The father collects unemployment and does not pay any bills or for any food or tutoring

Marilyn  Johnson
Marilyn Johnson answered on Nov 14, 2019

Yes you can. If he is not supporting the child and he is not paying any bills at your residence, then you can petition the court for child support.

1 Answer | Asked in Child Custody for Illinois on
Q: My boyfriend is finally stable and is ready for his dissolution of marriage and also wants custody of his daughter

He has been in ohio for 8 months and his spouse is abusive and unfit to care for her

Marilyn  Johnson
Marilyn Johnson answered on Nov 14, 2019

Since both parties and the child have resided in Ohio for 8 months, Illinois does not have jurisdiction over the child. An Ohio attorney should be consulted.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What is reasonable healthcare? Orthodontics for a second time.

I'm order to pay half all medical, dental, vision and orthodontics for our children in the current order. My ex is wanting our youngest to have braces for a second time. They are the primary decision maker in this area but this seems excessive. I can have a second opinion done at my own cost... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Nov 11, 2019

I would certainly get a second opinion. If that orthodontist recommends that your child needs the braces again, then you will have to pay. In that event, you need to find out would occurred causing your child to have the braces again. If there was any negligence on the part of the first... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Im a 16 year old male, my mother has sole custody of me but things have been happening in the house so i decided i want

Im a 16 year old male, my mother has sole custody of me but things have been happening in the house so i decided i wanted to live with my dad yesturday. she said if im not back by sunday she will call the cops but im afraid to go back. will the cops still make me

Marilyn  Johnson
Marilyn Johnson answered on Nov 5, 2019

They police could tell you to return to your mother but information is needed. If your mother is abusing you or neglecting you then you should inform the police. Again, depending on the circumstances, you dad could file an emergency petition for temporary and permanent custody or for an order of... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: My daughter was given to her grandmother without my knowledge.How can i get custody of my daughter in Mississippi
Marilyn  Johnson
Marilyn Johnson answered on Nov 5, 2019

You will need to contact an attorney in Mississippi.

2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: First hearing for my 3 year old son, never married.

cant afford an attorney. The mother has kept me out of my sons life, he is 3 now. I filed for visitations over a year ago, and we came to an agreement at mediation a couple months ago. At our most recent court date she changed her mind. My case is now set for a hearing and I am supposed to bring... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Oct 30, 2019

From what you have alleged,there appears to be no basis for the court to delay overnight parenting time with your son for a year. As he is three years old and you do not have a relationship with him, you will first to establish a relationship with him before overnight parenting time can start.... Read more »

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1 Answer | Asked in Family Law for Illinois on
Q: What is the likely outcome if the father takes me to court?

My 15 month old sons father who is not on the birth certificate by choice has threatened to take me to court because I will no longer let him take my son with him unsupervised. He plays too rough with my son and makes him cry. He puts my son in the car with him and has him sitting in the front... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Oct 29, 2019

From what you have alleged, there is a very chance that the court will order supervised parenting time. However, there first must be a finding of paternity. An agreed court order can be entered that he is the father or a DNA test can be ordered first.

1 Answer | Asked in Child Support, Family Law and Social Security for Illinois on
Q: Court order to stop child support payments as of July 2019 child support didn't tell social security until October 2019

Child support payments has been taken from my benefits since September of 2019

Marilyn  Johnson
Marilyn Johnson answered on Oct 29, 2019

You may be entitled to a reimbursement from the other parent or a credit against other expenses you may owe or even college expenses.

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