Questions Answered by J. Richard Kulerski Esq.

Q: My former husband wasn't working at the time the divorce was finalized so no maintenance was determined in court.

1 Answer | Asked in Divorce for Illinois on
Answered on Sep 20, 2018
J. Richard Kulerski Esq.'s answer
Absolutely not. The obligation must be reduced to a court order in order to be enforceable, or in order for him to get the tax deduction. Remember, whatever he pays you must be claimed as income on your taxes. However, the deduction will no longer be allowed for all maintenance orders entered after January 1, 2019. It will be tax free after that.

Q: Would a divorce finalized in Sept 2017 in Illinois ever be given the chance to move to the new IMDMA maintenance formula

1 Answer | Asked in Divorce for Illinois on
Answered on Sep 18, 2018
J. Richard Kulerski Esq.'s answer
You have asked a very good question, but I doubt if anyone can answer you authoritatively at this time. Not enough is known. Things should become clearer as January 1, 2019 draws nearer.

Q: Is alimony supposed to be adjusted if one of the parties' incomes change? Or stick with the divorce agreement amount?

1 Answer | Asked in Divorce for Illinois on
Answered on Sep 18, 2018
J. Richard Kulerski Esq.'s answer
Unless your Judgment specifically provides for automatic yearly adjustments, you only have to pay the sum that is required in the Judgment. Without this language, it would be up to your ex to go back to court to seek a modification. Until then, you pay the amount in the Judgment.

Q: I got married and what is the protocol to relocate with my kids from my exhusband?

1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Answered on Aug 13, 2018
J. Richard Kulerski Esq.'s answer
Until a lawyer gets to know ALL of the facts of your situation, it is next to impossible to answer your question responsibly. Offhand, however, and based on the scant info you provided, I would say your chances are slim. You don't get an automatic right to move with your new husband. The answer is even more difficult to answer because we don't know what county your are in, or what judge you will have. Some counties are stricter than others when it coms to removal. Try to negotiate a deal with...

Q: Spouse is not paying court assigned maintenance. In Illinois, what is law regarding missed payments?

2 Answers | Asked in Divorce and Family Law for Illinois on
Answered on Aug 13, 2018
J. Richard Kulerski Esq.'s answer
When a payment is missed, a separate judgment is automatically entered against the obligor in the amount of the missed payment. These series of mini judgments have the same weight and enforceability as all judgments. They become final after 30 days. Most people seek to enforce them by taking the obligor spouse back to court to have him/her held in contempt for non-payment.

Q: can my ex object my relocation even though did not state in our divorce decree

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Aug 10, 2018
J. Richard Kulerski Esq.'s answer
I don't quite understand the facts of your situation, but if you moved the kids more than 25 miles, you needed to do it properly. It sounds like you did not follow the law. If that is the case, the judge was obligated to deny your relocation.

Q: Does Illinois have a Free Trade Agreement, allowing one party to buy a house while separated, with proper signatures?

1 Answer | Asked in Contracts and Divorce for Illinois on
Answered on Aug 1, 2018
J. Richard Kulerski Esq.'s answer
You can definitely buy another home while separated or during the pendency of a divorce. It will be deemed to be marital property unless you and your spouse agree that it will be just yours.

Q: I need to issue an subpoena in a divorce case for financial records. After I complete the form, I would e file correct?

1 Answer | Asked in Divorce for Illinois on
Answered on Jul 24, 2018
J. Richard Kulerski Esq.'s answer
That's not the first thing. You must serve the subpoena on the person from whom you want the records by registered mail with restricted delivery to that person, and pay him or her the statutory mileage fees. Then, serve the other side with a copy of the subpoena. Be sure to file a Notice of Filing of the Subpoena (to the other side) with the court. When the process is completed, then e file the subpoena.

Q: I'm required by court to pay half boys insurance. If I have insurance now do I still have to pay my ex half of hers

2 Answers | Asked in Divorce for Illinois on
Answered on Jul 23, 2018
J. Richard Kulerski Esq.'s answer
No, you do not have to pay any of your ex's health insurance premiums unless your Judgment for Dissolution specifically requires you to do so. Upon divorce, your insurance contract automatically disqualifies your wife from coverage under your policy.

Q: How long does the divorce process normally take if you have minimal assets?

1 Answer | Asked in Divorce for Illinois on
Answered on Jul 14, 2018
J. Richard Kulerski Esq.'s answer
It all depends upon the county, whether or not lawyers are involved, the motivation of both parties to divorce, the skill of the participants in knowing how to process a case expeditiously, and whether or not there are any issues in the case itself. Just because there are minimal assets does not mean the case will necessarily be quick. You did not mention if there are any children or support issues involved.

Q: What form(s) do I need to to change maintenance that I pay to my ex? Do I just file it, or need a court date?

1 Answer | Asked in Divorce for Illinois on
Answered on Jul 12, 2018
J. Richard Kulerski Esq.'s answer
There are no forms for this type of post-judgment matter. You must hand craft a Petition to Modify your Judgment, and allege and prove that a substantial change of circumstance has occurred since entry of the last Maintenance Order. When you file the Petition, you will be given a court date, and you must send a proper Notice of Motion to your ex.

Q: How do I calculate my financial responsible for 1/2 of minor child's medical expenses?

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Jul 11, 2018
J. Richard Kulerski Esq.'s answer
I don't believe there is a clear answer to your very interesting questions. I am unaware of any case law covering this issue. The answer could lie in the exact wording in your judgment. If that doesn't help, then logic might apply. In any event, it will be up to the judge, and he/she should be as puzzled as I am.

Q: Divorced 5 years ago in Illinois Havent received child support in that time. I want to move out of state.

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Answered on Jul 10, 2018
J. Richard Kulerski Esq.'s answer
File a two count post judgment petition in the county where you were divorced. The first petition is for removal of the child to another state. You can move up to 50 miles legally, and the judge is not likely to rule against you because of the extra 10 miles. The second petition is for contempt against your ex because of his support arrearage.

Q: I received notice of a hearing regarding a post divorce issue. Do I need to file an appearance?

2 Answers | Asked in Divorce for Illinois on
Answered on Jul 10, 2018
J. Richard Kulerski Esq.'s answer
Technically, you don't have to file an Appearance because you are already of record. However, this type of Appearance is free (if you filed one in the case in-chief), so I would recommend doing so, especially if you have moved or have a new phone number.

Q: If my wife puts jointly earned money into an inheritance trust does that make the entire trust joint?

1 Answer | Asked in Divorce for Illinois on
Answered on Jun 29, 2018
J. Richard Kulerski Esq.'s answer
It sounds like a good case could be made for the $50,000 being marital property. However, if she combined the $50,000 with her actual inheritance, the entire account would not be deemed to be marital property.

Q: In Illinois, is a contract (marriage) void or voidable if it violates an injunction/court order?

1 Answer | Asked in Contracts, Divorce and Family Law for Illinois on
Answered on Jun 19, 2018
J. Richard Kulerski Esq.'s answer
Please be specific. How can a marriage possibly violate a court order?

Q: How does one ex-spouse filing for bankruptcy after a divorce affect any division of marital property?

1 Answer | Asked in Divorce for Illinois on
Answered on Jun 12, 2018
J. Richard Kulerski Esq.'s answer
Do not expect a competent answer to your question from a Forum such as this. You need to sit down in person with a knowledgeable divorce attorney who also is conversant with Bankruptcy law. Explain all the facts and property divisions to him or her. This is your best shot at getting the answer you deserve. You really have not provided any of the pertinent facts, which would allow us to begin to understand your situation.

Q: Will I have to pay more spousal support because ex now has custody of 2 of our grandchildren ?

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Answered on Jun 3, 2018
J. Richard Kulerski Esq.'s answer
Most likely not. There is no law to support her being entitled to more spousal support because she chooses to contribute to the expenses of someone else's children.

Q: husband filed before 9th anniv. & divorce is final after 10 year, will I be able to get his social security benefits?

2 Answers | Asked in Divorce and Social Security for Illinois on
Answered on May 31, 2018
J. Richard Kulerski Esq.'s answer
If you are married to him for 10 years, you will be entitled to your rightful share of his social security payments.

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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