Questions Answered by J. Richard Kulerski Esq.
Q: Can my wife sign for divorce without my concent if I and my son goes to another state?
J. Richard Kulerski Esq.'s answer
The answer to your question depends upon several variables, which can best be addressed by an in-person consultation with a divorce lawyer. This forum cannot provide specific answers to questions involving unknown facts. For example, by what authority are you taking your child with you? Is your wife OK with your removing the child? Will she file solely to have you return the child? The questions are many.
The answer to your question depends upon several variables, which can best be addressed by an in-person consultation with a divorce lawyer. This forum cannot provide specific answers to questions involving unknown facts. For example, by what authority are you taking your child with you? Is your wife OK with your removing the child? Will she file solely to have you return the child? The questions are many.
Q: Is it possible to sue my abusive husband after my divorce?
J. Richard Kulerski Esq.'s answer
Sue him for what? If it is for injuries sustained as a result of the abuse, you may or may not be able to sue him depending on the language contained in your Judgment for Dissolution. Some Marital Settlement Agreements specifically release the wrongdoer from any liability for tortious acts committed during the marriage. Some do not. Consult with an attorney as to your right to sue. However, keep in mind that your ex is not likely to have any insurance to cover his acts, and this might hamper...
Sue him for what? If it is for injuries sustained as a result of the abuse, you may or may not be able to sue him depending on the language contained in your Judgment for Dissolution. Some Marital Settlement Agreements specifically release the wrongdoer from any liability for tortious acts committed during the marriage. Some do not. Consult with an attorney as to your right to sue. However, keep in mind that your ex is not likely to have any insurance to cover his acts, and this might hamper...
Q: I'm in need of a divorce lawyer. This is a decision I've been thinking about For about a yr.
J. Richard Kulerski Esq.'s answer
Contact the Bar Association in your county, and ask them for a referral to a divorce lawyer. Most bar Lawyer Referral Services involve only a nominal consultation fee.
Contact the Bar Association in your county, and ask them for a referral to a divorce lawyer. Most bar Lawyer Referral Services involve only a nominal consultation fee.
Q: if I file for divorce how do I find out if my husband has a secret safty deposit box somewhere? Thank you Judy
J. Richard Kulerski Esq.'s answer
This can be difficult if he pays the yearly fees by cash. If he pays by check, you'll find the stub when you look through his bank statements. Sometimes, it pays to subpoena any banks that you think he might do business with (e.g., banks near his work, home, etc.).
This can be difficult if he pays the yearly fees by cash. If he pays by check, you'll find the stub when you look through his bank statements. Sometimes, it pays to subpoena any banks that you think he might do business with (e.g., banks near his work, home, etc.).
Q: What can I ask for in a divorce after a 2 year marriage
J. Richard Kulerski Esq.'s answer
I am assuming there are no children because you did not mention any. Depending upon the individual facts of your case (which you have not provided), spousal support may or may not be appropriate. You should be entitled to your equitable share of the marital assets, and you may be responsible for some of the marital debt.
I am assuming there are no children because you did not mention any. Depending upon the individual facts of your case (which you have not provided), spousal support may or may not be appropriate. You should be entitled to your equitable share of the marital assets, and you may be responsible for some of the marital debt.
Q: Union says it won't accept qdro in divorce settlement. Can the union do this?
J. Richard Kulerski Esq.'s answer
Federal law requires the Plan Administrator for a union pension to accept and process a properly prepared and entered QDRO. If they reject a QDRO, it means the QDRO does not meet the standards that they have the right to set. QDRO's often need to be revised and resubmitted until they meet the proper requirements.
Federal law requires the Plan Administrator for a union pension to accept and process a properly prepared and entered QDRO. If they reject a QDRO, it means the QDRO does not meet the standards that they have the right to set. QDRO's often need to be revised and resubmitted until they meet the proper requirements.
Q: Do I have to make my son go with his dad?
J. Richard Kulerski Esq.'s answer
Because no case has been filed and no visitation Orders have been entered, you and your son (along with your husband) may do as you wish. All three of you have the same rights as you would have in a happy marriage.
Because no case has been filed and no visitation Orders have been entered, you and your son (along with your husband) may do as you wish. All three of you have the same rights as you would have in a happy marriage.
Q: If a person is awarded a structured settlement before they are married and receive a payment after separation
J. Richard Kulerski Esq.'s answer
Based on the facts you have provided, the structured settlement was obtained prior to the marriage, which would make it a non-marital asset. As such, the award is not shared at any time, unless the recipient chooses to do so.
Based on the facts you have provided, the structured settlement was obtained prior to the marriage, which would make it a non-marital asset. As such, the award is not shared at any time, unless the recipient chooses to do so.
Q: My is son 18 and graduates hs soon, do I need to schedule a court date to get him taken of my cs. Still have 1 younger.
J. Richard Kulerski Esq.'s answer
The answer to your question depends entirely on the wording in your Judgment. The likelihood is that child support was ordered in a fixed dollar amount. This amount generally remains the same even when the oldest turns 18. How the child support obligation is stated will determine whether one of you has to go to court to seek an adjustment.
The answer to your question depends entirely on the wording in your Judgment. The likelihood is that child support was ordered in a fixed dollar amount. This amount generally remains the same even when the oldest turns 18. How the child support obligation is stated will determine whether one of you has to go to court to seek an adjustment.
Q: Can a not legally, separated spouse share his (sole) bank account with a person whom they are cohabitating with?
J. Richard Kulerski Esq.'s answer
Based on the limited facts you have provided, non-family expense sums given to or spent for the benefit of third parties would most likely constitute dissipation of marital assets. However, knowing it and being able to prove it are two different things .
Based on the limited facts you have provided, non-family expense sums given to or spent for the benefit of third parties would most likely constitute dissipation of marital assets. However, knowing it and being able to prove it are two different things .
Q: Can my ex get 20% of my tax refund? They have never asked for it before and now that I'm making less they want 20%.
J. Richard Kulerski Esq.'s answer
Yes, she is entitled to 20% of your tax refund. Had you declared the correct number of exemptions, there would be no refund. Your obligation is to pay 20% of your true net income - not 20% on the net income that appears on your pay stubs. No one ever knows what their true net income is until they do their taxes. Only then will they know if they are going to get a refund, or if they have to pay.
Yes, she is entitled to 20% of your tax refund. Had you declared the correct number of exemptions, there would be no refund. Your obligation is to pay 20% of your true net income - not 20% on the net income that appears on your pay stubs. No one ever knows what their true net income is until they do their taxes. Only then will they know if they are going to get a refund, or if they have to pay.
Q: If me and my wife is getting a divorce and she wants to get a house will it affect me in the future
J. Richard Kulerski Esq.'s answer
Based on the limited facts you presented, you will not be waiving any of your divorce rights by signing what I presume to be a Waiver of Homestead document. This form is a lender's requirement, which does not affect your rights to the property in the divorce process.
Based on the limited facts you presented, you will not be waiving any of your divorce rights by signing what I presume to be a Waiver of Homestead document. This form is a lender's requirement, which does not affect your rights to the property in the divorce process.
Q: Nothing legal in place. we have a schedule. Should I allow her BF of 4 months get our kid from school when I can myself?
J. Richard Kulerski Esq.'s answer
Does it look bad? To whom would it look bad if nothing legal is in motion? If you feel you have a solid co-parenting relationship with the child's mother, then it really shouldn't make any long run difference if the BF picks up the child as described.
Does it look bad? To whom would it look bad if nothing legal is in motion? If you feel you have a solid co-parenting relationship with the child's mother, then it really shouldn't make any long run difference if the BF picks up the child as described.
Q: it states in our last modification child support ends as last payment inmay do we still have to file modification to sto
J. Richard Kulerski Esq.'s answer
It depends on the county you got divorced in, and on whether payments arte made by Withholding. Some counties have strict termination date cut-offs.
It depends on the county you got divorced in, and on whether payments arte made by Withholding. Some counties have strict termination date cut-offs.
Q: At the court hearing for my divorce, I was awarded the all furnishings, what exactly does "all furnishings" mea
J. Richard Kulerski Esq.'s answer
Without knowing more facts, "all the furnishings" generally means the entire contents of the residence, except for the other spouse's personal items.
Without knowing more facts, "all the furnishings" generally means the entire contents of the residence, except for the other spouse's personal items.
Q: Married 21 years & divorce in June of 1999. X passed April 20, 2016. Name Fidelity Beneficiary. Fidelity states not.
J. Richard Kulerski Esq.'s answer
Your question, as it reads, cannot be properly answered in this Forum. Consult with an attorney in person and tell him or her ALL of the facts of your situation, and give the lawyer the benefit of reading your Judgment for Dissolution.
Your question, as it reads, cannot be properly answered in this Forum. Consult with an attorney in person and tell him or her ALL of the facts of your situation, and give the lawyer the benefit of reading your Judgment for Dissolution.
Q: Hello, my ex wife is threatening to take me back to court to enforce college expenses,
J. Richard Kulerski Esq.'s answer
There are many factors to consider when determining each parent's obligation to contribute to college expenses, and these are best discussed, in person, with an attorney who can learn all of the facts of your particular situation. However, to answer just the questions you asked, full discovery is allowed in these cases. If you had remarried, they could look at your new wife's income and financial wherewithal to determine how much you should pay. You have not remarried, so your girlfriend's...
There are many factors to consider when determining each parent's obligation to contribute to college expenses, and these are best discussed, in person, with an attorney who can learn all of the facts of your particular situation. However, to answer just the questions you asked, full discovery is allowed in these cases. If you had remarried, they could look at your new wife's income and financial wherewithal to determine how much you should pay. You have not remarried, so your girlfriend's...
Q: RE: -750 ILCS 5/530(d)1...Is it true no judge factors this into a settlement? That is what current counsel tells me
J. Richard Kulerski Esq.'s answer
I'm sorry, but your question is unanswerable because you have not provided enough facts for us to grasp a proper understanding of the situation. Only your attorney knows the facts of your case, and only he or she fully understands the context in which the opinion was given.
With your particular needs, this Q & A forum is not the place for you. If you are unhappy with your present lawyer's answer, you should really consult, in person, with another attorney. This is the only way you will...
I'm sorry, but your question is unanswerable because you have not provided enough facts for us to grasp a proper understanding of the situation. Only your attorney knows the facts of your case, and only he or she fully understands the context in which the opinion was given.
With your particular needs, this Q & A forum is not the place for you. If you are unhappy with your present lawyer's answer, you should really consult, in person, with another attorney. This is the only way you will...
Q: I have an open civil lawsuit against previous employer, if a settlement comes from it, is that divisible in a divorce?
J. Richard Kulerski Esq.'s answer
If the lawsuit is based upon a happening that occurred during the marriage, any award you receive would be a marital asset and subject to division between you and your spouse. However, this does not necessarily mean it would be divided 50-50. Every case is different.
If the lawsuit is based upon a happening that occurred during the marriage, any award you receive would be a marital asset and subject to division between you and your spouse. However, this does not necessarily mean it would be divided 50-50. Every case is different.
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