Questions Answered by J. Richard Kulerski Esq.

Q: My husband divorce attorney filed a motion to attached my son to our divorce. We bought a cash house in my Sons name.

1 Answer | Asked in Divorce for Illinois on
Answered on Jan 20, 2019
J. Richard Kulerski Esq.'s answer
If your son is the title holder to your home, the other attorney has every right to join your son as a third-party Respondent in your divorce case. I doubt if there is a valid defense to the Motion.

Q: Help with divorce

1 Answer | Asked in Divorce for Illinois on
Answered on Jan 17, 2019
J. Richard Kulerski Esq.'s answer
It is unethical for an attorney to represent both sides of a divorce (or any other) case. It often happens that one lawyer handles the whole thing, but that can only happen when the lawyer represents only one of the spouses.

Q: I filed for divorce in Crawford county, AR, but fled my husband to IL. How do I transfer to here?

1 Answer | Asked in Divorce for Illinois on
Answered on Jan 16, 2019
J. Richard Kulerski Esq.'s answer
You could dismiss your case in AR, and then refile in IL. However, doing so could be a problem because the IL court probably doesn't have jurisdiction of your husband's person (based on the scant facts you have provided). You might have to go back to AR for your court appearances, and get divorced there. You really have to explain all of your facts to a divorce lawyer in person to get an accurate answer.

Q: I have to leave this marriage. I cannot take his verbal abuse anymore. I am so beat down, I just can't do it anymore.

1 Answer | Asked in Divorce for Illinois on
Answered on Dec 30, 2018
J. Richard Kulerski Esq.'s answer
While 50-50 divisions of property are very common, they are not always 50-50. The circumstances of the case could warrant a 60-40, 65-35, 70-30 or a 75-25 division. Explain your particular facts to a divorce lawyer to see what you can expect. However, you do not lose any of your entitlement if you move out.

Q: What constitutes an “overnight” under Illinois child support statute?

1 Answer | Asked in Divorce for Illinois on
Answered on Dec 28, 2018
J. Richard Kulerski Esq.'s answer
The parent that put the child to bed at 9:00pm is the parent that gets credited with the overnight.

Q: Is child custody determined before a divorce can be finalized?

2 Answers | Asked in Child Custody and Divorce for Illinois on
Answered on Dec 19, 2018
J. Richard Kulerski Esq.'s answer
Illinois no longer uses the term "custody." It is now referred to as "parenting time", and this can be set and/or allocated between the parents by a court Order during the pendency of a case. It would be a temporary Order, which would be in effect until the case is finalized.

Q: I live in Illinois. Are school lunches part of paying half of all school expenses in a divorce

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Answered on Dec 12, 2018
J. Richard Kulerski Esq.'s answer
No. School lunches are included in child support.

Q: What are the choices that I have?

1 Answer | Asked in Divorce for Illinois on
Answered on Dec 8, 2018
J. Richard Kulerski Esq.'s answer
The most responsible advice I can give you is to speak to your school counselor, and explain everything to him/her. Good luck and best wishes.

Q: My husband and I are legally separated. Can we file as single on our taxes?

1 Answer | Asked in Divorce for Illinois on
Answered on Nov 21, 2018
J. Richard Kulerski Esq.'s answer
You are entitled to file either way. However, if you file individually, and this causes more of a loss to the marital estate than filing jointly would, your spouse can go to court to compel you to file an amended joint return. At that point, you would sort out how to equalize the refund or how much he should pay you to make up for what you lost by filing jointly.

Q: Can respondent allocate that petitioner must remain in the current city of residence for the interest of the children

1 Answer | Asked in Divorce, Child Custody and Child Support for Illinois on
Answered on Nov 16, 2018
J. Richard Kulerski Esq.'s answer
You can move wherever you wish as long as you stay within the applicable mileage limit.

Q: Info on how to go and get my belongings and agreed items out of the house?

1 Answer | Asked in Divorce for Illinois on
Answered on Nov 14, 2018
J. Richard Kulerski Esq.'s answer
It is not unusual for the spouse remaining in the home to resist the other spouse's reentry. She is likely concerned about a display of bitterness, a perceived invasion of privacy, or that you might remove more than your designated items. On the other hand, requiring professional movers is a bit overboard. You might suggest to her that she have family members or neighbors present to witness your item removal. Otherwise, have a judge specify the method of your removal process.

Q: What is laws in Illinois regarding minor(17) in college.Does child considered automatic emancipated once in college ?

2 Answers | Asked in Divorce and Child Support for Illinois on
Answered on Nov 10, 2018
J. Richard Kulerski Esq.'s answer
Child support must be paid until the child reaches 18 or graduates from high school, whichever is last to occur. However, the court will likely take the new circumstance into account. It's up to the judge. How much is the obligor parent contributing to the college expenses? Is the child boarding at college, or living with the obligee parent?

Q: Am I able to get my ex's tax returns from the IRS - I know he's hiding something.

1 Answer | Asked in Divorce for Illinois on
Answered on Nov 9, 2018
J. Richard Kulerski Esq.'s answer
The only way to gain access to his tax returns without his voluntarily showing them to you is to do it through the court. You would have to file a case involving money (e.g. child support modification), and Petition the court to require him to sign an IRS Consent form. Then, you send the form to the IRS, and they'll send you an abstract of his returns for the years you specify. They actually respond fairly quickly.

Q: How could I get my annulment done free? I’ve been married for only 2 months and my state says that does matter

1 Answer | Asked in Family Law and Divorce for Illinois on
Answered on Oct 25, 2018
J. Richard Kulerski Esq.'s answer
Contact the bar association in your county, and ask for their direction. Be aware, however, that you may not qualify for an annulment. Based on the few facts you have provided, you would probably be safer filing for a divorce.

Q: Boyfriend moving in, can that change child support obligation.

1 Answer | Asked in Child Support and Family Law for Illinois on
Answered on Oct 22, 2018
J. Richard Kulerski Esq.'s answer
The income of one's new spouse or live-in significant other cannot be used when determining child support obligations.

Q: I will be the primary custodial parent for my child but i noticed in the marital agreement it says i will claim child

1 Answer | Asked in Divorce for Illinois on
Answered on Oct 16, 2018
J. Richard Kulerski Esq.'s answer
Yes. Alternating years for child income tax exemptions is very, very commonly done. However, such exemptions were outlawed on January 1, 2018. We still use the terminology because the IRS will allow only the designated parent the child care tax credit. Talk to your accountant or tax preparer.

Q: in marital statement it says both of us need to provide life insurance policy in specific amount. Is that mandatory

2 Answers | Asked in Divorce for Illinois on
Answered on Oct 15, 2018
J. Richard Kulerski Esq.'s answer
Life insurance provisions appear in Marital Settlement Agreements to secure the payment of child support or maintenance. They are mandatory for the most part, but the amount of the death benefit can be negotiated.

Q: How to get some help with Attorney Fees / Court Cost as an out of state respondent from OH. Divorce Petitioned in IL.

2 Answers | Asked in Bankruptcy, Divorce and Family Law for Illinois on
Answered on Oct 13, 2018
J. Richard Kulerski Esq.'s answer
Contact the Lake County Bar Association in Waukegan, and explain your situation to them. They will point you in the right direction. Good luck.

Q: What is the best method to file for uncontested divorce? Do you still take to a lawyer after a mediator?

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Illinois on
Answered on Oct 1, 2018
J. Richard Kulerski Esq.'s answer
Mediators assist people who have difficulty reaching an agreement. The two of you have already agreed on everything, so you don't need a mediator. All you need is for a lawyer to shepherd your settlement through the legal system.

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.

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