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Questions Answered by Cheryl Powell
1 Answer | Asked in Family Law and Child Support for Illinois on
Q: How to I request to get in front of a judge about a child support modification?

I have a child support case out of Illinois. I requested a modification 2 years ago and was never given a court date. Instead, the department of family services stepped in and I sent them all the information they requested for a modification. They did not use the calculator correctly and my ex wife... View More

Cheryl Powell
Cheryl Powell
answered on Sep 23, 2024

The dept of family services does not do child support cases. The dept of human services does. They know how to use the calculator. They have access to information that neither of you may have provided to them. You should have been given appeal rights and followed them in a timely manner.

1 Answer | Asked in Family Law for Illinois on
Q: do i have time to respond to an amended motion to modify in illinois that was filed the friday before a hearing tomorrow

do i have time to respond to an amended motion to modify in illinois that was filed the friday before a hearing tomorrow morning?

Cheryl Powell
Cheryl Powell
answered on Sep 22, 2024

I would if I were you. You may also seek more time to do so.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Is it in violation of rule 552 if a officer mails you a backdated citation because he never filed the original?

I was issued a citation and my car was towed. I attempted to appear in court to find out im not on the docket due to these tickets never being filed. I was then wondering about my car and all the fees that come with it so i called the department that issued the citation and i was told this officer... View More

Cheryl Powell
Cheryl Powell
answered on Sep 20, 2024

I don't know what you are referring to in terms of rule 552. There are duplicates when officers write tickets. They may replace the duplicates with originals. This is not a technicality that will get anyone out of anything.

1 Answer | Asked in Family Law for Illinois on
Q: Is there any hope, in Illinois, to challenge an MSA where the woman got a bad deal?

My girlfriend got a bad deal in her MSA agreement. Her ex is an injury lawyer and knows all the hoops. He has a lot of money and takes her to arbitration, spending $4000, for a $1000 money issue between them. He disputes payments for things like glasses and contacts, yet he spends money on big... View More

Cheryl Powell
Cheryl Powell
answered on Sep 18, 2024

She can if she files something within 30 days of the entry of the Judgment for Dissolution of Marriage. Otherwise, unlikely.

1 Answer | Asked in Family Law, Child Custody, Gov & Administrative Law and Juvenile Law for Illinois on
Q: DCFS indicated me for husbands failed drug test, when he did not have children in his care when he tested.
Cheryl Powell
Cheryl Powell
answered on Sep 14, 2024

You need to file an appeal. You should get a letter from Springfield about it. Read your appeal rights and follow the instructions to appeal.

Then send a written request for the dcfs file for the purpose of an appeal. This is not a simple task and you should have a lawyer to represent...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Can I voluntarily sign my rights over to the other parent
Cheryl Powell
Cheryl Powell
answered on Sep 13, 2024

No. Not unless your rights are terminated by juvenile court or through an adoption if the other parent is remarried and wishes to adopt.

1 Answer | Asked in Family Law for Illinois on
Q: How do I get my daughters birth certificate to not have my husband listed as her father but have her biological father?

I have a certified DNA test proving the father and my husband and bio dad agree to have it corrected and my daughter have her bio dads last name.

Cheryl Powell
Cheryl Powell
answered on Sep 10, 2024

I believe you will have to get a court order to establish bio dad's paternity. I don't know if you have any court orders yet about child support but all of it could be done at the same time if you are not receiving help from HHS. They make things a bit more complicated.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Is a g.a.l. required to produce a record or report of their findings upon request?

In Illinois 17th district, is a g.a.l. required to make a report of their findings and keep transcripts of their interviews and any other records pertaining to the case? If so, acting pro se, are they required to give them to me upon request? Is there a statute or local rule stating any of this?

Cheryl Powell
Cheryl Powell
answered on Sep 9, 2024

GAL'S usually file a written report that contains their findings and the basis of their decisions. There are no recorded tapes to transcribe. After their report is written they may destroy their notes.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: I was followed 18 miles cop turned off two times then found me again Finley stop me said license plate obstruction small

Hitch pin another cop said my speed was 56in a,55 seem open beer can which I was not drinking said had provable cause to detach said turned around in a high DRUGarea I have no idea I don't do drugs.

Cheryl Powell
Cheryl Powell
answered on Sep 7, 2024

I do not see a question posed here.

1 Answer | Asked in Family Law for Illinois on
Q: As a legal parent do I have rights to provide my child to a legal gaurdian in another state
Cheryl Powell
Cheryl Powell
answered on Sep 5, 2024

It depends. Consult a lawyer who lives near you for assistance.

1 Answer | Asked in Criminal Law for Illinois on
Q: if I signed the affidavit stating the gun that was found was mines can I go to jail for that?

we was outside the car. The police pulled up search the car and found a gun. They lock my friend up for the gun.

Cheryl Powell
Cheryl Powell
answered on Sep 3, 2024

There is no enough information to form an opinion.

1 Answer | Asked in Divorce and Child Custody for Illinois on
Q: Can my ex wife all the judge to change the wording to a motion that was granted to me while at a status hearing

Was granted a motion for reunification counseling to be ordered. At next status hearing, ex wife asked that the wording be changed from reunification counseling to family counseling. These are very different types of counseling with different objectives. Judge allowed it. Can I challenge this? I... View More

Cheryl Powell
Cheryl Powell
answered on Aug 31, 2024

The objection should have been made before he changed it. If the order was changed less than 30 days ago you can try but I don't know that it is going to get you anywhere. This is a problem if you are acting as your own lawyer.

1 Answer | Asked in Family Law for Illinois on
Q: Is it legal marry someone in hospice who u lived e over 35 years was his caregiver 3yrars he might have cognitive issue

Family making medical decisions though they don't care for him and I am still caring for him I have a proxy surrogate form over his healthcare there is no power of attorney he does not have a terminal illness

Cheryl Powell
Cheryl Powell
answered on Aug 27, 2024

Ask the Dr if he has mental competence to get married. Once he is married, I believe that she will take precedence over your document until the pt thinks otherwise.

1 Answer | Asked in Child Custody for Illinois on
Q: How would I gain joint custody of my siblings with my mother if she is willing?

I'm currently 18, however I am in the military and I've had a stable job since I was 16

Cheryl Powell
Cheryl Powell
answered on Jun 23, 2024

Usually enlisted persons cannot have any kind of authority over children. Is that not what you are being told?

1 Answer | Asked in Child Support for Illinois on
Q: I need to go back to court for child support my kids are all grown I should not have too pay anymore
Cheryl Powell
Cheryl Powell
answered on Jun 17, 2024

Usually there is an expiration date on the Order for Withholding. You may be able to point it out and stop withholding.

2 Answers | Asked in Criminal Law, Family Law and Personal Injury for Illinois on
Q: What will happen to me if I run away at 16 an don't return until I'm 18
Cheryl Powell
Cheryl Powell
answered on Jun 17, 2024

Everyone harboring you can be charged with a felony for harboring a runaway. You put everyone in danger who tries to help you.

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1 Answer | Asked in Family Law and Adoption for Illinois on
Q: Can I hire someone to baby sit the baby that I adopt
Cheryl Powell
Cheryl Powell
answered on Jun 16, 2024

Absolutely! Any baby that you adopt is just like your own and you are expected to treat the baby as your own.

2 Answers | Asked in Traffic Tickets for Illinois on
Q: Would I receive a court communication copy of the complaint if I didn’t get told to go to court.
Cheryl Powell
Cheryl Powell
answered on Jun 12, 2024

I do not know, but anyone could go up there and get a copy. It's a matter of public record.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Hi, Recently placed on 2nd chance probation for Burglary. 2 years probation, 100 hours of CS. 180 days jail STAYED.

2 weeks after court date, I got a DUI few blocks from home. I have NO prior criminal record. I am 45 yrs old and am compliant with probation except for DUI. States Attorney just filed PTR petition to revoke! What am I looking at? Jail sentence? extended probation? Im sick over this. What should I... View More

Cheryl Powell
Cheryl Powell
answered on Jun 6, 2024

You should hire a criminal defense lawyer in the county where the charge is pending IMMEDIATELY.

These cases are very fact specific and you need immediate assistance from a lawyer who has experience with this State's attorney.

1 Answer | Asked in Domestic Violence for Illinois on
Q: I have a trial date set for 6/11/24, for a Dom B. Can I hire a lawyer before then? I don’t feel comfortable w/ my P.D.

I don’t feel comfortable with my Public Defender.

She is not returning my calls or emails & seems unprepared & unenthusiastic about my defense.

I have a trial date set for 06/11/24.

Can I hire a Lawyer before my trial date?

Cheryl Powell
Cheryl Powell
answered on Jun 4, 2024

Yes, of course you can. Is that your first court date?

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