Questions Answered by J. Richard Kulerski Esq.

Q: Married 30 years. High School education . Stayed home and raised kids . Am I likely to get maintenance?

2 Answers | Asked in Divorce for Illinois on
Answered on May 21, 2018
J. Richard Kulerski Esq.'s answer
Yes, you should be entitled to receive maintenance. Without knowing more of your specific facts, the applicable statute in IL provides that you are to receive 30% of your husband's gross income, minus 20% of yours. However, what you receive in maintenance and from your employment income cannot exceed 40 % of the combined incomes of you and your spouse. The duration of your entitlement should be indefinite, depending on income levels.
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Q: I bought my house thru the VA while married but my spouse was not included in the process. Is she entitled to any part?

2 Answers | Asked in Divorce for Illinois on
Answered on May 20, 2018
J. Richard Kulerski Esq.'s answer
Yes, she is. Your home was purchased during the marriage, and that makes it a marital asset. As such, it is subject to division at the time of divorce. Did you make the down payment or any house payments with earnings that were acquired during the marriage?
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Q: I divorced in 2011. MSA says residential parent responsible for school (public) fees (Illinois).

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on May 20, 2018
J. Richard Kulerski Esq.'s answer
You are not alone. Many people misunderstand this type of situation. You divorced your ex; you did not divorce the school district. All the divorce court can do is determine the rights and obligations that exist between you and your ex spouse. The court is not empowered to limit the school's right to collect from only one of you. Pay the amount due, and then file a Petition for a Rule to Show Cause with the court for indemnification from your ex. The court will order her to reimburse you, and,...
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Q: Do I have any rights to a vehicle we bought when we were married both our names We bought it with his Inheritance

2 Answers | Asked in Divorce for Illinois on
Answered on May 19, 2018
J. Richard Kulerski Esq.'s answer
When he put your name on title to the car, he made the car a marital asset. As such, you are entitled to your equitable share of its value - presumably 50%.
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Q: How often would an appellate judge overturn a judgment in a divorce case

1 Answer | Asked in Divorce for Illinois on
Answered on May 17, 2018
J. Richard Kulerski Esq.'s answer
The Appellate courts rarely overturn divorce judgments. It has to be a clear abuse of discretion on the part of the trial judge, and it is very difficult to establish this. The trial judge's decision has to be almost shockingly bad.
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Q: I was granted maintenance when my divorce was final in may 2017. My ex is taking me to court to stop paying

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on May 12, 2018
J. Richard Kulerski Esq.'s answer
He not only can stop paying the maintenance, he is entitled to full reimbursement of all maintenance sums he paid to you going back to the date he can prove you started living together with your boyfriend on a continuing conjugal basis. This is true except if, for some reason, the wording in your Judgment somehow excluded this triggering factor.
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Q: Is this technically an alimony payment?

2 Answers | Asked in Divorce for Illinois on
Answered on May 3, 2018
J. Richard Kulerski Esq.'s answer
I cannot speak for the IRS, but I doubt if he would be able to deduct alimony paid in this fashion without it specifically saying so in your Judgment. It is allowable under certain circumstances, but I do not believe they apply in your case as you have described it.
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Q: Does an alimony payment need to go in an account we don't share?

1 Answer | Asked in Divorce for Illinois on
Answered on May 3, 2018
J. Richard Kulerski Esq.'s answer
You really should not be sharing an account with an ex spouse. It could lead to problems. The most important thing, of course, is to get paid. The next thing is to be sure that what you got paid does not get mixed up with funds that he has access to.
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Q: I place my husband in a nursing home.He is 56/alzhemiers.I want a divorce and wonder how to go about it.Thank you

1 Answer | Asked in Divorce for Illinois on
Answered on May 1, 2018
J. Richard Kulerski Esq.'s answer
Consult in person with a divorce lawyer about getting a Guardian appointed for your husband. Your husband is incompetent, and divorcing him may be iffy. but it must be done properly.
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Q: We've been separated for over a year. We have no contacted. I want a divorce but I don't know how to serve him.

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 30, 2018
J. Richard Kulerski Esq.'s answer
Yes, you can serve him by publication. I suggest you hire a lawyer to explain this to you, and to represent you in the process.
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Q: I have 50/50 joint custody. I receive child support. Ex lost his job. Can he take me back to court and make me pay him?

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 29, 2018
J. Richard Kulerski Esq.'s answer
Yes, he may be able to do just that. It depends on your facts, but the new child support law WILL apply to your case because you have a substantial change of circumstance. Our new law requires both parents to pay child support on an income shares basis.
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Q: Is Ex entitled to any of my medical malpractice settlement?

2 Answers | Asked in Divorce for Illinois on
Answered on Apr 28, 2018
J. Richard Kulerski Esq.'s answer
Unless your Judgment provides otherwise, he is not entitled to any of YOUR settlement. However, he may be entitled to HIS claim for loss of consortium, which should not affect the amount you get. You might check this out with Justia's personal injury attorneys.
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Q: I am contemplating a divorce in IL and was wondering about a few questions. I've been married for 2 yrs and need to

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 22, 2018
J. Richard Kulerski Esq.'s answer
Your question is difficult to answer responsibly without the benefit of a personal consultation where all of your facts can be determined. However, and generally, you have a valid claim for 50% of the house, for 50% of all accounts that were funded with marital earnings (no matter in whose name title is held), and a claim for four or so months of alimony (maintenance). The business, as such, will be awarded to him, but you may have some claim for reimbursement of any marital funds he sunk into...

Q: 2 weeks ago I found mortgage documents, deed, then a quit claim deed transferring property by my husband after I filed

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 20, 2018
J. Richard Kulerski Esq.'s answer
Only your attorney knows all of the facts, and only he or she is in a position to give you a responsible answer. However, and just off-hand, I might say that this may not be a dissipation situation. It sounds as though it may be more like the relative is holding your spouse's interest in a constructive trust for your husband. In this event, your husband's full interest could likely be marital property. If so, it is possible that there is no dissipation because the value of the investment has...

Q: I was divorced in 2017 after 32 years of marriage. Can my permanent maintenance be taken away after myhusband retires?

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 18, 2018
J. Richard Kulerski Esq.'s answer
Your maintenance entitlement is based on earnings. When his earnings get reduced, so will your maintenance. However, this answer is based on only the information you have provided. He may have other income, e.g., pension, dividends, interest, 401K, etc.

Q: I have been married over 21 years. We live in Illinois. No children. He earns about $100,000 per year.

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 16, 2018
J. Richard Kulerski Esq.'s answer
Yes. According to current Illinois law, you are entitled to $2,499 per month (taxable to you) for at least 20 years, and the amount is likely to be modified upon retirement). This calculation is according to Family Law Software, and is based upon the facts you have provided.

Q: Can I get a quick uncontested divorce from my wife after only being married for 10 months?

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 5, 2018
J. Richard Kulerski Esq.'s answer
You can definitely get divorced after just a 10 month marriage. You have not provided enough facts to allow for an answer as to whether it can be quick and uncontested. Every case is different, and even cases involving short marriages can be difficult.

She does not have to leave your house unless and until a judge orders her to do so. The mere filing of a case is not sufficient.

Q: Is there a possibility that you can divorce after 2 weeks of being married? Also does a domestic report help?

1 Answer | Asked in Divorce and Domestic Violence for Illinois on
Answered on Mar 24, 2018
J. Richard Kulerski Esq.'s answer
Yes, you can obtain a divorce immediately upon getting married if the other party agrees. If he or she does not agree, you have to be separated six months.

Q: I have filed for divorce and due to many reasons had to personally serve him the papers. He is still within his 10 day

1 Answer | Asked in Divorce for Illinois on
Answered on Mar 17, 2018
J. Richard Kulerski Esq.'s answer
No, you cannot force him to spend time with the children. Parenting time is his right, not his obligation. Similarly, receiving child support will be your right, but not your obligation. He can refuse to see the children, and you can refuse to cash his support checks.

Q: Can my ex-husband get full custody of our daughter even tho we just started sharing her 50/50 a few months ago?

2 Answers | Asked in Child Custody and Divorce for Illinois on
Answered on Mar 10, 2018
J. Richard Kulerski Esq.'s answer
With no court order in place, either or both of you can seek whatever parenting time you wish. However, neither of you will have the right to any specific parenting time until a judge decides the issue, or the two of you can reach an agreement that is mutually acceptable. Just because your husband says he wants something does not mean his right to it is superior to yours.

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