Questions Answered by J. Richard Kulerski Esq.

Q: in Illinois how do they determine which parent pays for SAT prep classes. Does it come out of child support or from dad

1 Answer | Asked in Child Support for Illinois on
Answered on Sep 29, 2016

From my experience as a lawyer who has worked in the divorce field for 50 plus years, it is my opinion that the SAT prep cost would NOT be child support. However, many things in divorce law are gray (instead of either black or white), and this is something that may need to be determined by a judge. I think it is fair to say that your question is a college expense contribution issue, as opposed to a "what is included in child support" question.
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Q: I got married in 2009, we found out that he and his Ex's divorce was never finalized, it is now, are we legally married?

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Sep 22, 2016

If he is not divorced, you are not married. However, when he gets divorced, you will not have to remarry. Your voidable marriage will be reinstated.
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Q: My husband and I took out a parent plus loan for our daughter when we were married

1 Answer | Asked in Divorce for Illinois on
Answered on Sep 20, 2016

Your question cannot be answered with authority until you furnish more facts. Unfortunately, the only way you will know what facts are significant is if you visit with a divorce lawyer in person. He or she will know what to ask you in order to get to the info that is needed. For example, when did you get divorced? When was the loan entered into? Is there any language at all in your judgment that might open the door to making your ex liable, e.g.,any loan representations in general, anything...
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Q: Can alimony last the rest of my life as long as I don't get re-married?

1 Answer | Asked in Divorce for Illinois on
Answered on Sep 13, 2016

It can if you have been married more than 20 years at the time of filing for divorce, and if you do not cohabit with another person on a continuing conjugal basis. Illnesses or injuries that permanently limit your ability to work may also be a factor.
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Q: Is my 401(k) community property?

1 Answer | Asked in Divorce for Illinois on
Answered on Sep 8, 2016

We do not have community property in IL. In IL, property is either marital (subject to division) or non-marital (not subject to division). The portions of your 401K that were accumulated during the marriage are clearly marital. If you had a 401K balance when you got married, it can be deemed non-marital if you can meet certain criteria. You would need a divorce attorney to explain this to you in person.
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Q: How are gifts treated in divorces? I got a lot from my ex over the years but I want to keep them.

1 Answer | Asked in Divorce for Illinois on
Answered on Sep 1, 2016

Gifts from one spouse to the other are typically awarded to the spouse that was given the gift. There could be some exceptions depending on the gifts or the context in which they were given, but the likelihood is that you will be able to keep them.
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Q: Can a house bought as contract for deed in just one name become marriageable property prior to a divorce?

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Aug 30, 2016

Based upon the scant facts you have provided, the answer is YES. However, homes that have just been purchased on contract rarely have much equity...and that is the real marital asset.
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Q: What does CONFIRMATION OF PRIOR ORDER - ALLOWED

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Aug 29, 2016

Your question cannot be answered authoritatively without knowing the context in which the phrase was used.
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Q: If a husband and a wife have never lived in the same state, wife is now pregnant, and wants to file for divorce, can she

1 Answer | Asked in Divorce for Illinois on
Answered on Aug 27, 2016

If all she wants is a divorce, she can definitely get it done in either state. If he is the father and has not been in IL, and she wants child support, she will probably need to file in TN.
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Q: Does the 2 year moratorium for parenting time apply to a modification to the original order?

1 Answer | Asked in Divorce and Child Custody for Illinois on
Answered on Aug 25, 2016

Unless there is specific language to the contrary in your Joint Parenting Agreement, your ex must prove that a substantial change of circumstance has occurred if he wants to change the parenting time. He cannot just seek a change whenever he wishes. Incidentally, the two year period you refer to has to do with custody (residential parent) changes only, not changes that merely involve allocation of visitation/parenting time.
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Q: What does my paper work mean does he have sole custody, what are my rights ? Can someone please help

1 Answer | Asked in Child Custody, Child Support and Divorce for Illinois on
Answered on Aug 23, 2016

Sorry, but it is impossible to answer your question without having the opportunity to review your paper work.
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Q: If you buy property with insurance money after you filed for divorce, do you split the insurance money and the property?

1 Answer | Asked in Divorce for Illinois on
Answered on Aug 22, 2016

Without knowing more specifics, the answer would be that the property and the insurance proceeds are subject to equitable division.
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Q: I feel my child custody arrangements are unfair. What can I do?

1 Answer | Asked in Child Custody and Divorce for Illinois on
Answered on Aug 22, 2016

Consult, in person, with an experienced divorce lawyer to see if you have a case. You have not furnished enough facts for a lawyer to give you a competent answer. You need a personal meeting so the lawyer can learn all of your facts.
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Q: My husband and I have agreed to divorce. We have 2 teenage children. Can we use the same attorney?

1 Answer | Asked in Divorce for Illinois on
Answered on Aug 22, 2016

It is unethical for an attorney to give legal advice to both sides.
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Q: Husband is cheating. Would it hurt the case in divorce proceedings if wife moves out before the divorce?

1 Answer | Asked in Divorce for Illinois on
Answered on Aug 22, 2016

The legal concept of abandonment in divorce is all myth. She would lose no legal rights whatsoever if she were to move out.
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Q: My wife is divorcing me. Do I have to pay alimony if she is the one who wants the divorce?

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Aug 22, 2016

Yes. The laws regarding alimony are the same no matter who wants (or doesn't want) the divorce.
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Q: If I make less than my ex wife does do I still have to pay child support?

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Answered on Aug 22, 2016

Without knowing more facts, the general answer to your question is YES. However, Illinois is soon to change to the incomes shares model of child support, which means that both parents will have to contribute to child support commensurate with their incomes.
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Q: is it legal for an ex husband to access the ex wife's email even if he is the primary account holder

1 Answer | Asked in Criminal Law and Divorce for Illinois on
Answered on Aug 22, 2016

The fact that you are the primary account holder does NOT make you exempt from Illinois' eavesdropping law, which is a Class 4 felony. You would be using an electronic device to eavesdrop on what two other people are saying to each other. However, it might be another outcome if you were still living with your ex, and she had no reasonable expectation of privacy when she emails.
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Q: My ex and I live in Illinois and share custody of my daughter.

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Answered on Aug 22, 2016

You have to petition the court for permission to remove the child to another state. There are certain criteria that the court uses to balance your right to leave versus your ex's right to the parenting time he or she has now. Without knowing more facts, you have an uphill battle. The "good job" argument is likely to be insufficient.
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Q: If my husband is cheating can the divorce be free?

1 Answer | Asked in Divorce for Illinois on
Answered on Jul 28, 2016

The court cannot consider fault when making monetary awards.

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