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Questions Answered by J. Richard Kulerski
2 Answers | Asked in Child Support, Divorce and Family Law for Illinois on
Q: In Illinois, is child support mandatory in a divorce?

I do not need or want child support from my child's father (the noncustodial parent)

J. Richard Kulerski
J. Richard Kulerski
answered on Aug 5, 2023

Child support is mandatory in Illinois. You have no right to say you don't want it. It's the child(ren)'s right - it is not your right to give away.

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1 Answer | Asked in Contracts and Divorce for Illinois on
Q: Can my parents enter me (adult child) into a contractual obligation within their divorce decree without my signature?

In my parents divorce decree they entered me into obligation to pay 1/3 of my college. The other third being paid by my dad and the other my mother. Is this obligation legally binding if I never signed anything agreeing to this obligation and that they agreed to it on my behalf even though I was... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Apr 19, 2023

It doesn't mean that you must pay one-third. It only requires your parents to pay one-third each. Their respective obligations are capped at one-third each. The court had no jurisdiction over you and could not order you to do anything.

1 Answer | Asked in Family Law for Illinois on
Q: Can I remove my kids, 10 & 14, out of my husband's home and bring with to rent a house? In Chicago

It's his house. Have post settlement agreement from 2013. It states joint custody which i realize is no longer a term. I'm thinking we will have to start from scratch. Need to know if I can remove them from the home before I sign the 2 year lease.

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 25, 2023

Your Judgment for Dissolution should state who the residential parent is. If it is you, then you are free to move with the children.

1 Answer | Asked in Family Law and Small Claims for Illinois on
Q: I have been married to my husband for 25 years. I caught him having an affair for a year. Can I sue her for anything?

She was very aware we were married. I just feel she needs to be held accountable as well!

J. Richard Kulerski
J. Richard Kulerski
answered on Aug 2, 2022

No, you cannot. Illinois abolished its Alienation of Affection law a couple of years ago.

1 Answer | Asked in Divorce for Illinois on
Q: How can I file for divorce if I can't find my spouse? She lives in another country but we got married in Illinois.
J. Richard Kulerski
J. Richard Kulerski
answered on Jul 19, 2022

You would merely file for divorce and serve your wife via publication in a newspaper that is approved by the county in which you file. You will likely need an attorney.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Hello, I have I guess a question about child support back pay and who that is owed to after the child leaves the home.
J. Richard Kulerski
J. Richard Kulerski
answered on Feb 10, 2022

Enforcement of a child support arrearage may be brought in the divorce court no matter how old the child(ren).

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What is a conflict of interest between an attorney and third party?

My now wife consulted an attorney 2 years ago in regards to different children in our family and her ex husband. Now my sons mother has retained that same attorney in a child custody’s case between me and her. Is this a conflict of interest having had given the attorney all of the family... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 26, 2022

If I understand the facts you presented, it could be a conflict of interest. You should consider filing a Motion to Disqualify the attorney and let the judge decide if there is a conflict.

1 Answer | Asked in Family Law for Illinois on
Q: If you never married but we're with someone for 25 yrs and 3 children together are you entitled to there pension?
J. Richard Kulerski
J. Richard Kulerski
answered on Jan 8, 2022

No. The sharing of retirement benefits applies only to people who are married.

1 Answer | Asked in Divorce for Illinois on
Q: What do I do if the sheriff I sent a divorce summons to serve does not properly serve or send a receipt of having serve

I have filed for divorce and mailed the summons, as directed, to the sheriff of the county the individual being summoned is in. The sheriff however did not properly serve the individual, has no record of serving, and upon my calling to check on the situation, I was met with dead answers and I dont... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 31, 2021

Did you include the Petition for Dissolution with the Summons? Did you pay the Sheriff's fee and mileage cost, if any, in advance? Depending on what county you want the service to be made in, you could go online to see if there are any special process servers in that area. If so, hire one.... View More

1 Answer | Asked in Divorce for Illinois on
Q: Opposing counsel submitted discovery responses after court-ordered deadline. Do I have any recourse?

We are very close to settlement. Prior to last court appearance, I submitted all discovery responses and made the appropriate filings. Opposing counsel missed the deadline and asked for more time. Judge gave her til 12/20. She submitted discovery responses on 12/20 but was missing interrogatories... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 29, 2021

I don't think "defensive" is the correct word. It's more like you may be expecting too much rigidity from the legal system. Discovery deadlines are not like a railroad that runs perfectly on time. Non-lawyers are often too technical and expect 100% timely compliance. In reality,... View More

1 Answer | Asked in Divorce for Illinois on
Q: Wife and I are getting a divorce. We bought the house after we were married. She wants to keep the house which is fine.

I know she will have to buy me out. She tried to refinance but couldn't. What happens if she can't refinance and won't agree to sell the house?

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 29, 2021

If you can agree to a future buy-out price, you could give her 36-48 months to refi. By that time, she might be in a position to get the financing. If she cannot, then she would have to sell. You'll still be on her mortgage, but you will remain a co-owner and be able to share in any upswing in... View More

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Illinois on
Q: Can you sue an affair partner for emotion distress?

My husband and I are married and not legally separated. I have proof of his affair and I am interested in suing the affair partner for emotional distress.

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 7, 2021

No, not any longer. The lawsuit you are referring to is Alienation of Affection, and it was repealed in IL.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Illinois on
Q: I own a single member llc in illinois and only my name is on it as CEO. If I get a divorce, will my then ex get the biz?

So, my current husband is abusive emotionally and just now physically. I own a llc, just started it. My question is: if I get a divorce, is there anyway I can protect my business from him getting anything from it? He goes from job to job a lot. Thank you

*EDIT* so all the funds that went... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 3, 2021

Your question is almost impossible to answer without knowing more facts. For example, how much marital money went into funding the business? Does the business have a value? Is the business totally reliant upon you? In other words, if you stopped working at it, would the business collapse? There are... View More

1 Answer | Asked in Family Law for Illinois on
Q: If my 17 YO daughter has a job can her father tell her she cannot work on his parenting time?

My 17yo daughter has a job. Her father has parenting time on Wednesday from 5-9. She is scheduled to work from 3-8. Her father told her she cannot work on his time. Can he do this?

J. Richard Kulerski
J. Richard Kulerski
answered on Nov 20, 2021

This is a grey area of family law. Because of her age, there isn't much he can do legally if the child refuses to visit with him. The court cannot punish you for denying visitation because it is not your decision. The court cannot punish the child. All that is left is that the father goes to... View More

1 Answer | Asked in Divorce for Illinois on
Q: In divorce judgment in addition to child support, we have provision where we split uncovered medical expenses 50/50.

That still continues, correct, once they turn 18 and as long as they are still covered under a parent's health insurance?

J. Richard Kulerski
J. Richard Kulerski
answered on Nov 6, 2021

Without knowing what your Judgment says, in the world of divorce law (as opposed to insurance coverage benefits), responsibility to pay for children's health costs typically ends at age 18, unless the child is a full time college or vocational school student.

1 Answer | Asked in Divorce for Illinois on
Q: I am getting a divorce. In 2018 my spouses father died but before he did he quitclaim deeded him his home. Now my

husband is being sued about the home and other things by the estate. Am I liable? I’m not included in the lawsuit but now that I’m getting divorced I’m worried I may be responsible if he loses.

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 29, 2021

Your question cannot be answered authoritatively until all of your facts can be learned. However, based upon the facts you have provided, I think it is safe to say that you have no personal exposure. Your husband will be spending marital funds to defend the case brought by the estate, and this is... View More

2 Answers | Asked in Divorce for Illinois on
Q: What does” she would pay child support in reserve “mean in this paragraph exactly

Yes I meet with him. He did indicate he would be willing to allow her to stay in the house until Ava graduates. He would pay the mortgage ( including taxes and insurance) shoe would pay utilities and child support reserved. He would exercise his parenting time at the house. Can talk Thursday... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 13, 2021

It means that the court can determine child support at a later time when things stabilize.

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1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: If I were to separate from my wife, would she be entitled to any of the down payment my father put in the house?
J. Richard Kulerski
J. Richard Kulerski
answered on Oct 1, 2021

Are you and your wife both on title to the house? If so, your father could get repaid if the money he gave toward the house was a loan. Are you making regular payments to him to pay off this loan? Very important. Consult in person with a divorce lawyer.

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: My daughter is 18 and graduated this coming up June. I just found out she will be not going to school after January 1st

Because she has enough credits. Do I still need to pay child support until the actual graduation in June or when she officially stops going to high school?

J. Richard Kulerski
J. Richard Kulerski
answered on Sep 8, 2021

I cannot imagine anyone being able to give you an authoritative answer because the law never anticipated this type of thing happening. The law is clear that you must pay child support until the child reaches 18 or GRADUATES from H.S., whichever is last to occur. It doesn't cover what should... View More

1 Answer | Asked in Divorce for Illinois on
Q: If a spouse signs a quitclaim deed during a divorce, would he/she lose the house as a leverage in negotiations?
J. Richard Kulerski
J. Richard Kulerski
answered on Jul 31, 2021

No. The house remains as much a marital asset (subject to equitable division between the parties) as it was prior to the signing of a quit claim deed.

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