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Questions Answered by Cheryl Powell
1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: The mother of my child is taking me to qourt for child support what can I do to get out of it I just got out of prison
Cheryl Powell
Cheryl Powell answered on Aug 9, 2020

Oftentimes, judges will order you to get a job, come back with a document you filled out showing that you applied at 20 places per month, etc. You have a child and you have a legal obligation to support that child. There are many companies who hire convcited felons.

1 Answer | Asked in Family Law for Illinois on
Q: what if my ex wont follow the parenting agreement?

In the parenting agreement it states "Children are to be with the mother four days before school starts" Today is four days as school starts this Wednesday. Their father is refusing to let the children come home stating it doesnt apply to remote learning and it is outdated. Please help me here.

Cheryl Powell
Cheryl Powell answered on Aug 8, 2020

Before school starts is plain English. It matters not whether learning is remote in that language.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: He has told my other son's father that all he had to do was spend a lot of money on a good lawyer an

And this lawyer will have him walking away only paying me 20 per month with joint custody

Cheryl Powell
Cheryl Powell answered on Aug 4, 2020

Yes, a lot of people tell others things like that. I do not know the circumstances of your case but things like that are usually b.s.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: My child is 7 years old his father and I were never married and we separated for years ago due to him lying and cheating

I recently filed for cash assistance which of course now they're taking him to court for child support rumor has it he's going to fight me and try to get custody of our son what is the likeliness of him gaining custody. I have record of several times he did not show up for his weekends to... Read more »

Cheryl Powell
Cheryl Powell answered on Aug 4, 2020

The primary caretaker of the chil is usually awarded the most parenting time. He will get some parenting time if he requests it.

5 Answers | Asked in Traffic Tickets for Illinois on
Q: I’m 21, got a speeding ticket going 79 in a 45. What are my options? Can’t get a lawyer because it’s too late. Help!
Cheryl Powell
Cheryl Powell answered on Aug 3, 2020

It is NEVER too late to get a lawyer. This is a misdemeanor, not just a speeding ticket. If court is tomorrow morning, ask the judge for a continuance. It will be a disaster to have this ticket on your record at this age.

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1 Answer | Asked in Family Law for Illinois on
Q: My mom bought me a car for my 16th birthday and my dad doesn't want me driving the car to his house, school

or my sister to volleyball can he stop me?

My dad won't go into details but stated that there is an agreement with mom and that would need to be changed first.

Cheryl Powell
Cheryl Powell answered on Aug 2, 2020

You need to have a family meeting with your mom, dad and sister. Confront your mom in the presence of your dad about this so called agreement and see if it can be resolved. The bottom line is you are not going to be able to drive the car when you are on dad's time without dad's... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: Will my estranged wife automatically be priviledge to 1/2 my WC settlement in the marriage settlement?

I have been married to my spouse for several years in Illinois. Then in 2018 I had an accident at work and immediately started a Worker's Compensation case. In 2019 my wife and I separated. We were tryng to go through mediation, but appears to have failed. Will my estranged wife... Read more »

Cheryl Powell
Cheryl Powell answered on Aug 1, 2020

Not 50% generally, but 35ish. Maybe more, maybe less. Who makes more $ now. Can you work? There is an issue of a maintenance claim due to such a long marriage. Maintenance factors are at 750 ilcs 5/504.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Illinois on
Q: if a 40 year old man impregnated a 13 year old and she gave birth to that baby and no one else knows what would happen?

The man (40) is the child’s (13) mother’s boyfriend (my father)

Cheryl Powell
Cheryl Powell answered on Jul 30, 2020

No one else knows??? The baby will be born in a hospital. Everyone will know. It will be questioned. The mother is probably on a medicaid card.

1 Answer | Asked in Family Law for Illinois on
Q: A requirement for emancipation calls for proof of living outside of the guardian household; but it requires permission?

I can't live with a friend/other family member without the consent of my guardians, but being able to prove that you've lived outside of the guardian household is a requirement for becoming emancipated. How am I supposed to leave the house without being considered a runaway, or risking... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 30, 2020

That is exactly the point. Emancipation just finalizes a situation that has already been allowed to stand bybthe parents. As a result, very few people qualify for emancipation.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: My daughters mother will not let me see my child unless I pay her. We have no court order and she wouldn’t let me sign

The birth certificate. Does she have a right to keep my child away from me? She won’t even let me speak to her on the phone. I don’t have a lot of money. What’s my best course of action, for getting custody/visitation, and getting my name on the birth certificate. I live in Will County, Illinois.

Cheryl Powell
Cheryl Powell answered on Jul 28, 2020

You need to file a parentage action in Will County. First you have to establish that you are the father, before you have any right to custody or visitation, now called parenting rights and responsibilities. So yes, until you are established, she has the right to keep your child away from you.... Read more »

2 Answers | Asked in Family Law, Divorce, Child Custody and Domestic Violence for Illinois on
Q: Mentally unstable wife takes children from father at 4am and is now refusing to let him see them.

-She has a record of being hospitalized.

-when she left, she took the kids, took things, broke things, and had guys with her that hit Husband with the car.

-the kids are 1 yo and 2 yo. They were off of formula and now she's put them back on it. They're at her... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 28, 2020

If the father has filed for divorce, he should have his own lawyer. He needs to talk to his lawyer asap. He may also need a lawyer in MI now.

In addition, if the children were present when the mother had someone try to run the father over, dcfs should have been contacted. Also dcfs in mi...
Read more »

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2 Answers | Asked in Divorce for Illinois on
Q: During a divorce, if one of the spouses received a lump sum of money does that count as marital property

Money was given to spouse her father and is currently in her separate bank account. Still legally married and should the spouse who received the money have to report it to the lawyer and be split between the 2 spouses?

Cheryl Powell
Cheryl Powell answered on Jul 27, 2020

This is a more complicated question than you may realize. Yes, the lawyer should be aware of all of a client's assets. The first issue is where did the funds come from?

The second issue is where are the funds now?

The third issue is whether or not the funds are marital or...
Read more »

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1 Answer | Asked in Family Law for Illinois on
Q: What is considered harassment when it comes to messages from an ex?

My ex and I have an agreement to use a message app to communicate regarding our children. My ex wants to fight in most of the messages so I won't reply immediately. In a recent message, I replied that I needed to speak to my attorney before responding any further on matters of the subject.... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 26, 2020

It really depends on the nature of the problem and whether or not it is time sensitive. If you told her you wanted to talk to your attorney a week ago and you still have not, then that is a problem with you. If you told her that on Friday and she has been bothering you about it all weekend,... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: What is considered "the last full week prior to the start of school"?

In our parental order we have a school schedule of 2-2-5-5 for one child and a 7-7 for another child. The diagram shows week 1 Sun to Sat and week 2 Sun to Sat. We started this new schedule on a Sunday for the 2019 school year. There is no verbiage that states it starts on a Sunday, just a diagram... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 26, 2020

I would interpret that as the week starting on Sunday. That is how we write our agreements here.

1 Answer | Asked in Family Law for Illinois on
Q: How would I go about getting Child Support Interest reduced or completely deleted? The current Principal is Zero.

Current Interest due is about 11K - Principal is $0.00

Cheryl Powell
Cheryl Powell answered on Jul 26, 2020

That will only happen by agreement. The court cannot order it. Usually an offer of a lump sum is made so she gets it all now instead of having to wait years. Like maybe $5500 within 30 days instead.

1 Answer | Asked in Child Support for Illinois on
Q: Can you receive child support if the parent is not working?
Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

Maybe $40/month and a court order to look for work.

1 Answer | Asked in Child Support for Illinois on
Q: I’m a legal guardian to my 12 year old niece can I file child support on her parents? And if I have no address or phone#

No address or # for the parents

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

Yes, you can, but you need to find them first and know that they are working. If you cannot prove that they are working, you are wasting your time and money. A pi can help you find them.

1 Answer | Asked in Child Support for Illinois on
Q: How can I get the child support that I paid to my ex back since I have had kids FT since she went into Nursing Home?

My ex went into Hospital end of December 2019. I have been paying child support this whole time due to our court case being pushed back due to COVID. The last court case we had the judge stopped the child support order, however, didn't "order" the POA to give the child support back... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

If a judge in family court has denied your child support related request, you cannot then take it to small claims court and get a second bite at the apple.

1 Answer | Asked in Child Support for Illinois on
Q: Can I co-sign house in Florida if I pay child support and arrears in Chicago

I have a child support case in Chicago but live in Florida. I am current but have arrears I am paying Also monthly. Can I co-sign on a mortgage loan in Florida. without getting lien on the house

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

Can you? Maybe. Should you? No. Why would youj want to co sign on a house that does not legally belong to you and in which you have no right and no legal recourse if you end up being the person making the payments?

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: Do my husband have to pay back pay even after paying child support since divorce.

If my husband has been paying child support for both his kids since he divorced his ex wife and has never missed a payment and also sent extra money when needed, mind you this is just a set amount they both agreed on. Now since he married me she’s trying to get back child support from when they... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

I am not sure what he has paid vs. What he should have paid vs. What the court order says. If there is already a court order and she wants some child support from prior to the entry of that court order, i am not sure she can do that. The better course is to bring all of your papers to a family... Read more »

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