Questions Answered by J. Richard Kulerski Esq.
Q: Can I let my exs new boyfriend (s) know that she has herpes?
2 Answers
| Asked
in
Criminal Law, Divorce, Family Law and Domestic Violence
for
Illinois
on
Answered on Aug 18, 2017
Answered on Aug 18, 2017
J. Richard Kulerski Esq.'s answer
This is not a divorce question. Please redirect your question to Justia's attorneys who handle personal injury, slander, and defamation of character cases.
This is not a divorce question. Please redirect your question to Justia's attorneys who handle personal injury, slander, and defamation of character cases.
Q: This one is thought provoking. I have two attorneys on two separate civil matters. They disagree but the matters are....
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Civil Litigation
for
Illinois
on
Answered on Aug 16, 2017
Answered on Aug 16, 2017
J. Richard Kulerski Esq.'s answer
This site is designed to give general info to the public, and not specific legal advice. Aside from that, you have not provided enough facts to enable us to give you a responsible answer. Most of all, it is improper for any of Justia's cooperating attorneys to venture an opinion based upon the fact that you are already represented. Your attorneys know all of the facts, we don't. The best answer to your question must come from them.
This site is designed to give general info to the public, and not specific legal advice. Aside from that, you have not provided enough facts to enable us to give you a responsible answer. Most of all, it is improper for any of Justia's cooperating attorneys to venture an opinion based upon the fact that you are already represented. Your attorneys know all of the facts, we don't. The best answer to your question must come from them.
Q: Been separated for over 13, years 1child over 25 no community property or assets what if anything is my ex entitled to
J. Richard Kulerski Esq.'s answer
What do you mean when you say there are no community assets? Since you were still married during the separation, whatever each of you has accumulated is marital property, and is subject to division by the court. The facts of your case and the judge will determine what the percentage of the division will be.
What do you mean when you say there are no community assets? Since you were still married during the separation, whatever each of you has accumulated is marital property, and is subject to division by the court. The facts of your case and the judge will determine what the percentage of the division will be.
Q: What are the best steps to take to gain custody of my child if my ex and I aren't legally divorced yet?
3 Answers
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
Illinois
on
Answered on Aug 10, 2017
Answered on Aug 10, 2017
J. Richard Kulerski Esq.'s answer
You have two problems. The first is that your spouse is entitled to reasonable parenting time (f/n/a visitation) with the child, no matter what. So, even if you get "custody", the likelihood is that your spouse will still have parenting time with the child. Your child could still come home dirty, etc. The second problem is evidence. You have to be able to prove where the fleas came from. Tough job.
You have to be able to prove that the visitation your spouse presently has is NOT...
You have two problems. The first is that your spouse is entitled to reasonable parenting time (f/n/a visitation) with the child, no matter what. So, even if you get "custody", the likelihood is that your spouse will still have parenting time with the child. Your child could still come home dirty, etc. The second problem is evidence. You have to be able to prove where the fleas came from. Tough job.
You have to be able to prove that the visitation your spouse presently has is NOT...
Q: I get spousal support until October this year. It was set up as reviewable at the end. Would I qualify for a the new law
J. Richard Kulerski Esq.'s answer
The new maintenance statute does not specifically address this issue. However, the specific language of your judgment should be of some help in sorting this out. I suggest that you consult in person with a divorce lawyer.
The new maintenance statute does not specifically address this issue. However, the specific language of your judgment should be of some help in sorting this out. I suggest that you consult in person with a divorce lawyer.
Q: Ex husband demanding copies of my pay stubs and bonus structure. Do I have to provide?
J. Richard Kulerski Esq.'s answer
You are correct. Our new child support law specifically spells out that the new law, in and of itself, is not a valid reason to revisit the amount of child support that was ordered prior to July 1, 2017. Your ex would have to be able to prove a substantial change of circumstance that is separate and apart from the change in the law.
You are correct. Our new child support law specifically spells out that the new law, in and of itself, is not a valid reason to revisit the amount of child support that was ordered prior to July 1, 2017. Your ex would have to be able to prove a substantial change of circumstance that is separate and apart from the change in the law.
Q: At what point during divorce proceedings is child custody decided? Child in this case is 15.
J. Richard Kulerski Esq.'s answer
Our law requires that custody be determined no later than 15 months after the case is filed. Your situation seems to be compounded by the issue of removing the child to another state. If the case actually goes to trial, you should expect to wait for most or all of 15 months.
Our law requires that custody be determined no later than 15 months after the case is filed. Your situation seems to be compounded by the issue of removing the child to another state. If the case actually goes to trial, you should expect to wait for most or all of 15 months.
Q: We were residents of IL but moved to Haiti in 2014. How can IL recognize Haitian divorce decree?
J. Richard Kulerski Esq.'s answer
Illinois no longer has jurisdiction of you, of your wife, or of the subject matter, so take IL off of your list of possibilities. You are residents of Haiti, and that is where your divorce should be filed.
There is some argument that your wife may now be a resident of MN, and perhaps she could file there, but you would have to voluntarily consent to using that jurisdiction. It would be silly for either of you to live in IL for the required 90 days merely for jurisdictional purposes.
Illinois no longer has jurisdiction of you, of your wife, or of the subject matter, so take IL off of your list of possibilities. You are residents of Haiti, and that is where your divorce should be filed.
There is some argument that your wife may now be a resident of MN, and perhaps she could file there, but you would have to voluntarily consent to using that jurisdiction. It would be silly for either of you to live in IL for the required 90 days merely for jurisdictional purposes.
Q: I am in the middle of a divorce and pay maintenance to my soon to be ex spouse weekly.
J. Richard Kulerski Esq.'s answer
Go to the Office of the Clerk of the Court in the county that ordered the maintenance, and fill out a Motion to Suspend or Abate Maintenance while you are on strike. You will be given a court date, and then you will get the answer to your question from the judge. If he or she agrees with you, the Maintenance will likely be excused or greatly reduced as of the date you filed the Motion - not as of the date you actually appear before the judge.
Go to the Office of the Clerk of the Court in the county that ordered the maintenance, and fill out a Motion to Suspend or Abate Maintenance while you are on strike. You will be given a court date, and then you will get the answer to your question from the judge. If he or she agrees with you, the Maintenance will likely be excused or greatly reduced as of the date you filed the Motion - not as of the date you actually appear before the judge.
Q: Can the father's new wife's salary be used to compute the child support?
J. Richard Kulerski Esq.'s answer
No. The income of an obligor's spouse cannot be used to determine the obligor's child support. The law is very clear on this point.
No. The income of an obligor's spouse cannot be used to determine the obligor's child support. The law is very clear on this point.
Q: I was underaged when I had my son. Eventualy we got married. He hit me and raped me can he get custody
J. Richard Kulerski Esq.'s answer
Whether or not you get "custody" is based entirely on what is in the best interests of the child. You have not provided enough information in order for a lawyer to give you an opinion on this issue. However, and without knowing anything else, I suspect that you will be awarded the vast majority of the parenting time with the child. Under ordinary circumstances, your husband will be entitled to some parenting time, and the likelihood is that you will never be able to "take" the child away from...
Whether or not you get "custody" is based entirely on what is in the best interests of the child. You have not provided enough information in order for a lawyer to give you an opinion on this issue. However, and without knowing anything else, I suspect that you will be awarded the vast majority of the parenting time with the child. Under ordinary circumstances, your husband will be entitled to some parenting time, and the likelihood is that you will never be able to "take" the child away from...
Q: I refinanced my home to get my ex-husband name off the loan. Because if i did he would take his name off the deed.
J. Richard Kulerski Esq.'s answer
This is a horrible error, and I cannot understand how it could have happened. It seems that there must be something that you are leaving out. I recommend that you have the lender bring it the attention of their legal department. Also, I would think that a lawyer might be helpful in straightening out the situation.
This should be fixable without anyone suing anyone. However, be alerted to the fact that you are still responsible to get your ex's name off the mortgage. You should document...
This is a horrible error, and I cannot understand how it could have happened. It seems that there must be something that you are leaving out. I recommend that you have the lender bring it the attention of their legal department. Also, I would think that a lawyer might be helpful in straightening out the situation.
This should be fixable without anyone suing anyone. However, be alerted to the fact that you are still responsible to get your ex's name off the mortgage. You should document...
Q: I have been divorced for 10 yrs. I work for the fed. gov. My ex is set to recieve 1/2 of my pension. She remarried
J. Richard Kulerski Esq.'s answer
Federal pensions are unique. So unique, that I recommend that you consult in person with a pension expert. Your question requires significant expertise to be answered properly, and I do not believe that this forum is intended or designed to provide such specialized info.
Federal pensions are unique. So unique, that I recommend that you consult in person with a pension expert. Your question requires significant expertise to be answered properly, and I do not believe that this forum is intended or designed to provide such specialized info.
Q: In the middle of the divorce my wife's attorney stopped communicating with my lawyer. Now my lawyer is charging me for
J. Richard Kulerski Esq.'s answer
Actually, your lawyer is working on your behalf, and should be paid for her services even if the other lawyer's lack of cooperation hinders any progress. You are an innocent person who is in a situation that is unfair. You are being charged for telephone calls that would probably be unnecessary if the other lawyer were attentive to his or her client's case. However unfair it may be, your lawyer deserves to be treated fairly, and paid for the frustration and time that she is putting in on your...
Actually, your lawyer is working on your behalf, and should be paid for her services even if the other lawyer's lack of cooperation hinders any progress. You are an innocent person who is in a situation that is unfair. You are being charged for telephone calls that would probably be unnecessary if the other lawyer were attentive to his or her client's case. However unfair it may be, your lawyer deserves to be treated fairly, and paid for the frustration and time that she is putting in on your...
Q: If I leave the house before the divorce is final. Can she take over the house with out buying me out?
J. Richard Kulerski Esq.'s answer
You DO NOT lose any of your property rights to the home by moving out.
You DO NOT lose any of your property rights to the home by moving out.
Q: Is there law in IL which says that parent cannot remove children from state in pending divorce without 30 days notice?
J. Richard Kulerski Esq.'s answer
there is no such law. Parties often agree to such notice requirements in their final papers, but it is not the law.
there is no such law. Parties often agree to such notice requirements in their final papers, but it is not the law.
Q: my wife took children out of IL to WI with no notice. we in bitter divorce, and no final parent plan. Is she breakin law
J. Richard Kulerski Esq.'s answer
She has the right to do so unless there is a court order prohibiting it.
She has the right to do so unless there is a court order prohibiting it.
Q: Paying maintence, ex had a child with another man can my maintence be adjusted?
J. Richard Kulerski Esq.'s answer
Her having a baby is not sufficient by itself to terminate or modify maintenance.
Her having a baby is not sufficient by itself to terminate or modify maintenance.
Q: In Illinois - Division of assets
J. Richard Kulerski Esq.'s answer
You have not provided enough facts to enable giving you an authoritative answer. However, if you are merely dividing your property, it will be enforceable if it is conscionable. There may be some difficulty if what you propose involves the waiver of spousal support.
You have not provided enough facts to enable giving you an authoritative answer. However, if you are merely dividing your property, it will be enforceable if it is conscionable. There may be some difficulty if what you propose involves the waiver of spousal support.
Q: My daughter who is disabled wants to divorce her husband. She has four kids of which two are his.
J. Richard Kulerski Esq.'s answer
Have her call the bar association of her county. They will be able to direct her accordingly.
Have her call the bar association of her county. They will be able to direct her accordingly.
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