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Questions Answered by Cheryl Powell
1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My 14 year old wants to live with me.

We have a parenting agreement that is 3 years old. My 14 year old never wanted to live with her dad. I felt railroaded and signed the papers. Is there any way to do this without contesting? The father (who is not her biological father but is on the birth certificate) will not agree for her to move... Read more »

Cheryl Powell
Cheryl Powell answered on Oct 21, 2020

If you want to change parenting rights and responsibilities, you have to contest if you disagree. That is the nature of family law.

1 Answer | Asked in Family Law for Illinois on
Q: Can I sue the child support agency for the return of money that should not have been taken out.

My child-support finished in June. The mother filed for an extension and during that hearing in September it was discovered that I had overpaid. The credit was put on my account and the order stated not to withdraw any more money. In October they started taking money out of my check again. Child... Read more »

Cheryl Powell
Cheryl Powell answered on Oct 9, 2020

You need to hire a lawyer to stop them from. Taking any more money out of your check.

1 Answer | Asked in Probate and Estate Planning for Illinois on
Q: Do I have to appear in IL estate court if I get a subpoena during covid while concerned for mine & spouse's health?

I received a supoena for IL estate court for my deceased father's estate & and I am concerned for my health (asthmatic) & my spouse at home with prexisting health issues. If I raise this concern, can I be relieved from attending?

Cheryl Powell
Cheryl Powell answered on Oct 4, 2020

Call the lawyer that subpoenaed you. Or the Circuit Clerk's office in the county where you are supposed to testify. Ask if you can appear by zoom instead. Although you are in Benton, I am not sure in what county you are supposed to testify. We have Zoom court for most civil things in... Read more »

1 Answer | Asked in Child Custody and Divorce for Illinois on
Q: I want to divorce my husband but I want to give him full custody of our child. What form do I fill out?
Cheryl Powell
Cheryl Powell answered on Oct 2, 2020

Will county posts this information.

There are forms with children.

http://www.illinoiscourts.gov/Forms/approved/divorce/divo

1 Answer | Asked in Family Law, Child Support and Collections for Illinois on
Q: Was recently told my father failed to pay child support, I'm 21 now. Can I still sue for back child support?

If I can sue for the back child support what information do I need to do so?

Cheryl Powell
Cheryl Powell answered on Sep 30, 2020

No. That money was for your mother to help her financially. It was not and never will be your money. But if there is a back child support order, your mother can sue him for it.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: i want to live with boyfreind i want to emancipate myself we had a kid but lost him im 15 i stuggle with mom i work

me and my boyfreind want to get an appartment i want to emancipate myself at 15 and a few months when ive been stuggeling with my mom for 3 years knew my bf for a year and months dont feel comfterable with my step dad i work and my boyfreind works when i was pregnant my mom put alot of stress and... Read more »

Cheryl Powell
Cheryl Powell answered on Sep 22, 2020

It is rare for a 15 year old to get emancipated. You do not say how old the bf is.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: What can I expect to happen in court?

My ex-wife and her husband received TANF a few months back and now the state it coming after me for child support. Even though our divorce papers state that we agreed to neither of us paying child support or any sort of alimony. She said she is not going to be able to make it to our court hearing... Read more »

Cheryl Powell
Cheryl Powell answered on Sep 22, 2020

Typically, you are sued by the Illinois Department of Human Services. They are not required to recognize your court order and can modify it.

Her presence id not required.

1 Answer | Asked in Child Support for Illinois on
Q: I received a petition to determine the existence of the father and child relationship what happens now?
Cheryl Powell
Cheryl Powell answered on Sep 21, 2020

You should respond to the petition. File your response with the circuit clerk. See a lawyer.

This petition likely concerns parentage, parenting time, parenting responsibilities, child support and who claims the child on taxes. It could also be about health insurance and health expenses...
Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Q: Will my ex changing attorneys slow down a divorce agreement modification petition?

Illinois. 3 year old divorce agreement, seeking modification due to extreme change in circumstances, (massive income loss due to Covid19). My ex is going to hire a "more aggressive attorney". I currently pay her several hundred dollars a month MORE than what my income is.

Cheryl Powell
Cheryl Powell answered on Sep 14, 2020

Absolutely. A new lawyer has to become familiar with your case. Usually court dates are continued for 30 days.

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1 Answer | Asked in Family Law for Illinois on
Q: Temp visitation judge did not mention my ex could bring his gf who they both were mentally emotionally abusing me when

Pregnant. He states the order was unrestricted visitation meaning he can have a witness himself. My son he’s seen three times and he’s a stranger to him. My son also has severe separation anxiety diagnosed. So one person will put him over let alone two. The order is not in yet as our attorneys... Read more »

Cheryl Powell
Cheryl Powell answered on Sep 11, 2020

Your qyestion is confusing. Is it right for you to say no to what? I cannot tell if you litigated it and the judge ruled or if this was an afterthought.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My ex is telling me that I'm not allowed to provide health, dental, vision insurance per our court order.

Our court order doesn't contain information on insurance. I've carried secondary insurance on our children since 2015 and prior I was primary. Midway into 2015, my ex wanted their spouse as primary due to "better" insurance. That order was voided with the 2019 order. My ex has... Read more »

Cheryl Powell
Cheryl Powell answered on Sep 10, 2020

How about getting a copy of your Order and reading it? In 32 years I have never seen an Order prohibiting anyone from providing insurance for their child, although I bet there is one out there and an explanation about insurance companies is included. Generally speaking, if a spouse who is not... Read more »

1 Answer | Asked in Family Law and Arbitration / Mediation Law for Illinois on
Q: is it possible to fix a temporary closed case from 8 years ago?
Cheryl Powell
Cheryl Powell answered on Sep 10, 2020

If by fix you mean change or modify, yes.

1 Answer | Asked in Child Support for Illinois on
Q: Can two states take out child support for the same child?

Child was born in Illinois. Both parents lived in illinois and child support order was established in illinois. Custodial parent moved to Mississippi and opened up another case for the same child. Mississippi issued an order of withholding at the same time Illinois was also collecting. Now the... Read more »

Cheryl Powell
Cheryl Powell answered on Sep 9, 2020

Can they? Yes. Should they? No. You need to have a lawyer in Mississippi dismiss the case there. If your child support amount in Illinois needs to be revisited, you need to do that here.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My daughter who is an adult has custody of my son who is a minor and I want visitation with him.

I call and text my daughter and she says to make arrangements with my son and I get hardly any reply from him.

Cheryl Powell
Cheryl Powell answered on Sep 8, 2020

You need to file a petition for parenting time or hire a lawyer who will.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can your car be towed if you are behind in rent
Cheryl Powell
Cheryl Powell answered on Aug 30, 2020

If you are behind in rent you should have gotten a 5 day notice to quit from the landlord, which basically says move out or pay up. After that period is completed and you have not paid up, then you are sort of a squatter. I imagine this is your situation. then you have to be served with eviction... Read more »

1 Answer | Asked in Criminal Law and Family Law for Illinois on
Q: Is it child endangerment if the mother has Covid and the grandparents are high-risk and refuse help from the father?

My son's mother tested positive for Covid and went into quarantine. They live with her parents, who are both high-risk for Covid complications. I repeatedly offered to take care of my son, but was refused. Is this child endangerment because my son was at risk of not having anyone to take care... Read more »

Cheryl Powell
Cheryl Powell answered on Aug 29, 2020

No. My understanding from the medical professionals is that when a parent is told to go into quarantine, they are told their child has to go into quarantine with them, as the child has already been exposed.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Mother moves child to another state without my permission and a court order

What do I do if my child's mother takes my child to move to another state without my permission and a court order and I’m paying child support?

Cheryl Powell
Cheryl Powell answered on Aug 28, 2020

You will need to hire a lawyer to have her brought back to court. Hopefully, you know where she is to have her served.

1 Answer | Asked in Child Custody for Illinois on
Q: my mom and dad adopted my daughters 2yrs ago and i want to get full custody back can u help me please

they are 15 and 16 and they want to live with me! ive got a full time job and a part time job and im working on getting me a house for me and the girls and i also have my own vehicle in my name with insurance!

Cheryl Powell
Cheryl Powell answered on Aug 27, 2020

No. If your parents adopted your daughters with your consent or you were served and did not respond, your parental rights are terminated and adoptions are final.

1 Answer | Asked in Child Support for Illinois on
Q: Im a 62 yr. old male. Who can help me with a 35 yr. old child support garnishment that threatens 60% of my SSI?
Cheryl Powell
Cheryl Powell answered on Aug 26, 2020

Call legal services in your area.

2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: if my parents agree on a different schedule than the court agreement, is it illegal?(they are divorced)
Cheryl Powell
Cheryl Powell answered on Aug 25, 2020

They can have any agreement they like. They do not have to follow what is on the papers. They have to comply with the court ordered documents if they cannot agree.

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