J. Richard Kulerski Esq.'s answer Modification is not termination. Based on the facts you have provided, remarriage or cohabitation should still terminate maintenance, but you have to file and present a Motion to Terminate with the court.
J. Richard Kulerski Esq.'s answer You must go back to the court where the divorce was entered, and present a motion to abate child support until you resume receiving income. If you do not do this, you will still be required to pay. The judge will not hold you in contempt, but the $1,208 per month will continue to add up against you.
J. Richard Kulerski Esq.'s answer Go to the office of the Clerk of the Circuit Court in the county where the case is pending, and examine the court file. The clerks will find the file for you. He may already be divorced, or a few other things could have occurred. You won't know intil you see the file, or hire a lawyer.
J. Richard Kulerski Esq.'s answer Your question wound up in Justia's divorce category, and it is really a probate question. You would be wise to check with a probate attorney, and I think you will like the answer.
J. Richard Kulerski Esq.'s answer It is improper for the Justia attorneys to give advice to people who already have an attorney. Besides, your lawyer knows ALL of the facts of your case, and we don't. If you distrust the attorney you have now, you should get a second opinion from another attorney. This is best done in person.
J. Richard Kulerski Esq.'s answer Without knowing all of your facts, the answer is YES. I assume the home is a marital asset (no matter who holds the title or no matter who is the mortgagor), and as such, is subject to equitable division between you and your wife. IL is not a 50-50 state, as such, although most cases do turn out to be 50-50.
J. Richard Kulerski Esq.'s answer Your question cannot be answered properly because you have not provided enough facts. You can definitely get a divorce in IL, but that is all you can get. The IL court may no jurisdiction to order him to divide property or pay anything to you unless he agrees to waive the lack of jurisdiction. Did the two of you always live in IL, and he moved to OH, or did the two of you always live in OH, and you moved to IL? You would be wise to consult with a qualified divorce attorney in IL.
J. Richard Kulerski Esq.'s answer As attorney Siegel just stated, when a case is stricken from the call, it merely means that the matter it was set for on the day in question will not proceed until someone motions it up for a hearing on another day.
Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Legal Answers without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.