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Questions Answered by J. Richard Kulerski Esq.
2 Answers | Asked in Divorce for Illinois on
Q: Is it better if I file or he. Does it make a difference?

How fast can I file with the corona virus going on?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 6, 2020

You should be able to file immediately IF your county accepts electronic filing. There are two or three highly technical reasons that favor who files first. However, as a practical matter, the advantage that the public perceives does not exist.

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1 Answer | Asked in Divorce for Illinois on
Q: if My husband makes more than I, can I ask for alimony?

I supported him for 7 years he just got a great job and then walked out last week to live with a woman he met at the gym. I want to file for divorce, but he owes me over 200,000 and I am laying on all back taxes. Can I get some type of mandated payment until the taxes and loan is repaid?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 5, 2020

You cannot compel him to pay anything until you file a case for divorce or legal separation. This will make him subject to the court's jurisdiction. Without this, the court has no power over him.

1 Answer | Asked in Divorce for Illinois on
Q: I divorced September, 2018. It was mutually agreed upon and we used 1 lawyer. Now I am having financial difficulties.

My income is $870. Per month. His is $1690. Per month. Can I take him back to court and be awarded alimony?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 1, 2020

Typically, your Judgment for Dissolution will either bar alimony or reserve it. Depending on the facts of your case, and if alinony was reserved, you might have a chance of getting it. If you waived alimony or it was barred, you are out of luck because the Judgment is final.

1 Answer | Asked in Divorce and Small Claims for Illinois on
Q: Divorced 16 months, he hasn't taken my name off mortgage as ordered, he hasn't paid mortgage for 3 months.

My credit is starting to suffer, I feel I cant move on, how do I stop his perpetuation of this, do I have monetary recourse for credit issues? I just want off of the mortgage. Thank you.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 4, 2020

This is a very common problem. You have to take him back to court on a Rule to Show Cause as to why he shouldn't be held in contempt of court for failing to refi. However, the court is not likely to hold him in contempt if he can prove he earnestly tried to refi, but couldn't get a lender to go... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: What if the petitioner is in prison and the defendant is never served. RTRN N.S

What if the petitioner gave the correct address of the defendant, but the defendant is purposely avoiding answering the door, and alias summons was returned not served

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Feb 5, 2020

If you cannot serve the defendant, you are out of luck. That's why people dodge Summonses. You must hire a Special Process Server who has the skill to figure out how to get the job done. In counties with a population of over 1,000,000, you must get court permission to appoint such a Server.

2 Answers | Asked in Child Support and Divorce for Illinois on
Q: Child support question

I got divorced in September of 2019 there was no previous court order that required my ex to true up for his secondary employment. I was told by my attorney that he only has to true up from the date of the divorce until the end of the year. Nothing about retro pay is mentioned in our MSA. MSA only... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Feb 5, 2020

The true-up has nothing to do with the date of filing. It's based upon what he earned in the previous year, which in your case is 2019. Your lawyer is not incorrect, but he/she is not necessarily correct. It depends on how you look at it, how your Judgment reads, and on whether your ex got a bonus... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Support for Illinois on
Q: I paid my ex tru-up. She disagreed w amount & ripped the check up. She gave me a pic after. Do I have to pay her again?

She stated she disagreed with the amount. She wasn’t aware the tru-up starts day of filing divorce agreement. Check was significantly less than she expected. She threatened to and then the ripped check up. She gave me a pic to prove it.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 25, 2020

Send her an email or a certified letter offering to go halves with her on an independent accountant or divorce lawyer to calculate the amount that the true-up requires. Otherwise, you don't have to do anything until she files a Petition to hold you in contempt of court. Then, you can show the photo... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: Will home be considered shared asset?

Married 27 years. Moved in home almost 20 years ago. Home is currently in father in laws name. Husband and I have been paying mortgage directly to father in laws bank account. Both of us have worked and contributed to mortgage and home upkeep and remodeling. Husband is working on refinancing home... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 22, 2020

At the best, you have an uphill battle if you hope to establish that the home is a marital asset. Talk in person to an experienced divorce lawyer who can learn more facts from you. It might turn out that you have a claim to reimbursement for the marital funds that were contributed to the home that... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: My wife wants to get a quick divorce /no kids/no assets/ but neither can't live elsewhere for 6 months

She wants to leave US with no plans of coming back with in six months, and we both have no friends to just move there, niether money to just rent another apartment.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 19, 2020

Your question seems to assume that there must be a six month separation before you can get divorced. This is not true. If both of you agree to the divorce, you do not have to be separated for even one minute.

3 Answers | Asked in Divorce for Illinois on
Q: I have a proveup in my MSA does my ex have to prove up for the whole year or only from the time the divorce was filed?

We just got divorced in September of 2019 there was no previous court order that required him to true up for his secondary employment. I was told by my attorney that he only has to true up from the date of the divorce until the end of the year. But I am unsure of this answer. Nothing about retro... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 11, 2020

I believe you are using incorrect phraseology. From the best I can determine, you should be saying "true up" instead of "prove up". Without knowing more facts from you, the true up would generally cover the entire year of 2019.

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1 Answer | Asked in Divorce for Illinois on
Q: While I was married my ex and I set up accounts for our grandkids so they would have money for college.

As soon as divorce was finalized, my ex went and closed out my one grandson's account and took it all. The child is 3 1/2 years old and we had a 50/50 split on all finances. My son, the father of this grandson, will not speak to his father so he did it out of spite. Can I do anything to try and... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 4, 2020

Exactly what kind of account was set up for this child? Was the child's social security number used for the account? If it was a proper UGTMA account, then no one would have any rights to the account - EXCEPT the child. In this situation, you would have no claim to 50% of the funds, There could be... Read more »

1 Answer | Asked in Child Support and Divorce for Illinois on
Q: Father is in Puerto Rico, Mother is in IL - divorced. Father pays child support until the children are what age?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 31, 2019

18 or graduation from high school, whichever is last to occur - but not to exceed age 19.

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Q: we have my bf’s kids Mon-fri & every other weekend does mom have to pay childsupport doesn’t work but her husband does

Mom doesn’t work so she does not have money to pay child support but she’s married & her husband has a job. Does child support take in to consideration her husbands income for child support?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 30, 2019

No, her husband's income cannot be used to determine her child support obligation.

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3 Answers | Asked in Divorce for Illinois on
Q: How do I find out if I am still legally married in another state

The divorce was filed in 2015, my ex's attorney never contacted me about mediation or anything else like he said he would. I no longer live in Oklahoma and haven't for years. How can I get this ugly situation gone for good or is it already and I just didn't know?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 26, 2019

Contact the clerk of the court of the county in which the case was filed. Their records will tell you everything you want to know.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: RELOCATION

IF THE FATHER HAS NOT MADE CHILD SUPPORT PAYMENTS OR SEEN THE KIDS IN OVER A YEAR CAN I RELOCATE IF I HAVE AN EVICTION NOTICE CAN I LEAVE STATE WITH EXTENDED FAMILY ?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 9, 2019

It is unlawful for you to permanently remove the children from the state of IL without permission from the Court or without the father's consent.

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1 Answer | Asked in Divorce for Illinois on
Q: I filed for divorce in illinois pro se. I just learned about a QDRO. will the judge automatically require the QDRO?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 4, 2019

A QDRO is for the benefit of the spouse who is receiving a portion of his or her spouse's qualified retirement benefits. It is the receiving spouse that must make sure the judge orders a QDRO.

2 Answers | Asked in Divorce for Illinois on
Q: I have a judgement for Legal Separate with my wife. How to I go about making it a divorce?

My wife and I decided not to divorce so she can stay covered under my health insurance. So we are legally separated with two children. We already have a Financial Agreement and Parenting Agreement. Now I want to change our status from "Legal Separation" to "Divorced". Do I need to hire my lawyer... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 4, 2019

You could probably do it on your own, but it would be frustrating and difficult. The fact that you already have a Legal Separation does not make getting divorced all that much easier. Fighting shouldn't be a factor, but there are still papers that have to be prepared and filed properly, not to... Read more »

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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: My husband pays support as well as Health insurance for kids. Braces are not covered by our plan. Does he have to pay

For half of the cost? It's considered cosmetic and not needed for health reasons. We live in Indiana

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Nov 23, 2019

I assume your husband got divorced in IL because you placed your question in the Illinois law category. My answer does not apply if IN law were to apply in your situation.

The answer should lie in the language contained in his Judgment. Whether or not it covered by insurance has nothing to...
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1 Answer | Asked in Divorce for Illinois on
Q: If the lawsuit is considered marital property, then what is the percentage the other person would be awarded?

I understand they get a percentage of back pay!

Like would they be able to get a percentage of pain and suffering ,punitive damages or emotional distress. And if so is there a certain percentage?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Nov 14, 2019

There is no set percentage. The non-injured spouse is likely to be awarded a portion of the award, but it is typically not a 50-50 thing. The division is up to the judge and is dependent upon the various elements upon which the recovery is based.

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