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... View More 
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.
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... View More
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... View More
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... View More
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... View 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.
Thanks
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,... View 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... View More
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.
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... View More
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... View More
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
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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 -... View More
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.
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...
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... View More
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... View More
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.
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.
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.
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... View More
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... View More
I filed a motion in Aug requesting division of the marital home, in that motion I stated that she had made numerous 401k hardship withdrawals, then spent the money. At the trial opposing counsel filed and was granted a motion of limine. There is a court ordered sale of the marital home, the... View More
answered on Mar 20, 2019
You no longer have a claim of dissipation once the judgment is entered. This is an issue that should have been before the trial court. Dissipation is not always easy to prove to the court and in Illinois the statute regarding dissipation must be strictly complied with so that notice is given on a... View More
The mother tried to move my son out of state. My son decided to live with me and has been since July 17'. I took her to court and won custody. She has not responded since my win in Sept 18'. I have paid about 20k in support while my son lives with me. Now he turns 18 in a month and... View More
answered on Feb 24, 2019
You need to file a Petition to Terminate Child Support. This should have been included in your Petition to Modify Custody.
In our settlement, my ex and I agreed he would take the child tax credits for our children every year on his tax returns, though I am the custodial parent. He died last spring. Should his 2018 (deceased) return carry the child tax credits, (in which case any refund would go to his estate which is... View More
answered on Feb 24, 2019
You are bound by the terms of your Marital Settlement Agreement.
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