Questions Answered by J. Richard Kulerski Esq.

Q: i have custody & the father has every other wkd 6pm fri until 6 pm sun. He hasn't got his kids in 7 mths can i deny him

2 Answers | Asked in Child Custody for Illinois on
Answered on Dec 13, 2017

You must comply with the court Order. If you deny him, you could be charged with contempt or visitation abuse. If you can prove that his showing up for visitation intermittently is not in the children's best interests, then go back to court and get the Order changed.
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Q: Does alimony have to end in the state of IL if one of us gets remarried?

1 Answer | Asked in Divorce for Illinois on
Answered on Dec 11, 2017

Maintenance terminates by law upon the remarriage of the party receiving the maintenance unless the parties agree in their Judgment that maintenance will continue even if that party remarries. This is a situation where the parties have the right to agree to deviate from the way the law is typically applied.
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Q: What are the procedures for filing to serve by publication (pro se) if I cannot locate my spouse for divorce?

1 Answer | Asked in Divorce for Illinois on
Answered on Dec 11, 2017

Simply check with the Clerk of the Court in your county, and they will tell you in what newspapers you should publish, and follow the procedures they recommend
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Q: What does “summons not served received electronically—under review” mean?

1 Answer | Asked in Divorce for Illinois on
Answered on Dec 10, 2017

A Summons served electronically? If it was, it is meaningless and does not count as lawful service. I have no idea why it would be under review. Any review of an electronic service can only establish that there is no valid service of Summons.
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Q: If I have all rights to my child, does my ex have a right to put her in Sunday school on the day she goes to visit him?

2 Answers | Asked in Child Custody for Illinois on
Answered on Dec 10, 2017

Without knowing more facts of your situation and without knowing the exact wording in your Judgment, the answer is NO. If you have sole custody, you have the right to make ALL of the child's religious decisions.
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Q: What custody rights does a 17 year old have?

2 Answers | Asked in Child Custody for Illinois on
Answered on Dec 10, 2017

Who says she has the right to move back in with her mother when she is 17? Did someone tell you this was the law? Is this written is some type of court order? It is not the law, as such, and I doubt it is in a court order. Go back to court and tell the judge about the unsafe conditions.The court puts the best interests of the child above all else.
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Q: Can she not get back pay if she never went back knowing he lost his job?

1 Answer | Asked in Family Law and Child Support for Illinois on
Answered on Dec 10, 2017

She is entitled to 100% of all of the child support that he was ordered to pay and didn't. Without a court order exonerating him from payments when he wasn't working, he still owes the full amount. The kid's mom cannot make the amount less when he is not working because child support is the child's right, and the mother cannot waive or reduce the child's right - only the judge can .
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Q: What are a 15 year old rights when it comes to custody court cases in the state of Illinois?

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Answered on Dec 8, 2017

Since the child is over 14 years of age, the likelihood is that the judge will listen to the child's preference, but the court is NOT bound to rule as the child wishes. The court looks at the whole picture, and the child's preference is only a piece of what is considered.
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Q: Hi, i am trying to serve my spouse. Is it possible for me to self serve my spouse without the sheriff or server?

1 Answer | Asked in Divorce for Illinois on
Answered on Dec 8, 2017

Absolutely not! If what you suggest were true, the system would be susceptible to great abuse. People would be divorcing their spouses without telling them that a case ever got started. Service of Summons must be by a deputy sheriff or a properly appointed process server.
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Q: I have a court order for my ex to pay half of child care expenses but he refuses to pay them. What can I do.

2 Answers | Asked in Child Support for Illinois on
Answered on Dec 8, 2017

The only thing you can do is take him back to court. You present a Petition for a Rule to Show Cause why your ex should not be held in contempt for failing to comply with the Order. This usually involves at least two trips to court.
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Q: My husband lives in Colorado. I recently left Colorado to stay with my parents with my children. Can he subpoena us back

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Dec 7, 2017

One thing he can do is file a divorce case in Colorado, and get an Order requiring you to return the children to Colorado. At this point, only Colorado has jurisdiction of the children, and this gives it the power to enter such a turn-over Order.
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Q: Child support still taking my dad's money out of his check my sister is 33 year's old. Can he stop that.

3 Answers | Asked in Child Support for Illinois on
Answered on Dec 7, 2017

If your sister is in good health and is older than 19, and there are no other factors to consider, he can and should stop child support. He was foolish not to have done this earlier.
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Q: Will I have to pay child support if I let my 17yr old live with her father full time as she wishes to do?

2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Answered on Dec 5, 2017

Yes, you may be responsible to pay child support if your 17 year old moves in with your ex prior to reaching the age of 18.

The parents obligation to contribute to college expenses does not need to be mention in the final divorce papers. It is a state law - Section 513 of our Divorce Act. However, this depends on several factors, including the wealth and income of BOTH parents and the child's ability to contribute.
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Q: Can I get residency of my 13 yo due to mom not being able to help him with hw & he got convicted by juvenile court?

2 Answers | Asked in Family Law and Child Custody for Illinois on
Answered on Dec 2, 2017

Only a judge who hears ALL of the facts of your situation can give a competent answer to your question. You have mentioned only two things about mom's shortcomings, but there may be 25 good things about her child raising behavior. The court will look at what is in the best interests of the child after considering all of mom and dad's good and bad points.
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Q: What are the consequences for a parent who disobeys the court ordered visitation? What can be done in court?

2 Answers | Asked in Child Custody for Illinois on
Answered on Dec 2, 2017

Disobeys in what way? Your question cannot be answered until you explain which parent is not complying with the terms of visitation. Generally, if the residential parent fails to provide the required visitation, a case for visitation abuse can be brought. On the other hand, if the visiting parent fails to exercise all of his or her visitation rights, no offense has been committed because that parent has a right to visitation, but is under no DUTY to exercise the visitation. Similarly, the party...
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Q: Single parents, mother has custody and is not working. Can she get child support if she refuses to get a job?

1 Answer | Asked in Child Support for Illinois on
Answered on Dec 1, 2017

Yes, she definitely can. However, the judge could impute some income to her (as if she were working), and this would reduce what you would otherwise have to pay.
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Q: Is there any forms to cancel child support online

1 Answer | Asked in Child Support for Illinois on
Answered on Dec 1, 2017

This would depend on the county, as each has its own forms. However, I doubt that such a form exists because the termination of child support usually involves a Petition to Modify the existing Order, and these Petitions are typically hand crafted.
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Q: petition for diss of marr denied by Judge spouse didn’t show up to court. Are previous orders no longer valid?

2 Answers | Asked in Divorce and Child Support for Illinois on
Answered on Dec 1, 2017

Your question is too difficult to answer without knowing more info. However, suffice it to say that taking a case "off call" does not mean that it is dismissed. Within the context of your question, it is only in cases of actual dismissal where the temporary Orders are rendered null and void.
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Q: are alimony and maintenance the same

2 Answers | Asked in Divorce for Illinois on
Answered on Nov 29, 2017

Yes, they mean the same thing - spousal support. Alimony is the word that was used in IL until the law changed it to maintenance. The IRS uses only alimony, but they honor maintenance awards as they do alimony awards.
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Q: What rules apply to translating a French divorce decree? (lived in France with wife, divorced there, now live in IL.

1 Answer | Asked in Divorce for Illinois on
Answered on Nov 27, 2017

You'll have to hire a translator, which should not be difficult or costly. The French Judgment is valid here. However, different lenders have different requirements. You may have to get the Judgment certified, if it isn't already.
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