Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by J. Richard Kulerski
1 Answer | Asked in Divorce for Illinois on
Q: I am an uber driver. Would i pay alimony on gross income or my adjusted gross income after expences
J. Richard Kulerski
J. Richard Kulerski
answered on Jan 30, 2018

You are allowed to deduct your actual cost of doing business. The balance is your gross income for alimony purposes.

1 Answer | Asked in Divorce for Illinois on
Q: I was ordered to pay temporary maintenance. Does the amount paid under temp go towards total ordered time?

Divorce is no further along now than it was 2 yrs. ago other than temp. maintenance being awarded. When final maintenance is decided, does the time I have been already paying get taken off of the final decision?

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 29, 2018

Yes.

1 Answer | Asked in Child Support and Divorce for Illinois on
Q: Can I request my child support payments be paid directly to me instead of through the state in my divorce papers?
J. Richard Kulerski
J. Richard Kulerski
answered on Jan 26, 2018

I have found that this depends on the county and on the judge. It does happen.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: Can you finalize divorce with children process in Chicago without a lawyer?
J. Richard Kulerski
J. Richard Kulerski
answered on Jan 23, 2018

Yes, for some people, it is doable without an attorney. However, it is not recommended because the average person rarely knows what is necessary to get the job done properly. Finding out what it takes is a very big job, which is extremely frustrating and overbearing.

1 Answer | Asked in Divorce for Illinois on
Q: Who pays taxes for alimony if we still live in the same household?

We plan to live in the same household for an extended period of time. Do I still need to pay taxes on alimony put towards bills and the mortgage?

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 23, 2018

The alimony deduction is not allowed if the parties are not living separately. It is only allowed if they are indeed separated. Be careful. IRS Rule.

1 Answer | Asked in Civil Litigation, Divorce, Contracts and Appeals / Appellate Law for Illinois on
Q: What can opposing party do to fight back a Volunteer dismissal of a divorce agreement?

Was given to Attorney and discuss in chamber with all Attorney and Judge. Affidavit and discovery was discussed. Was asking for support got temporary support. Judge still didn't rule. Now they w

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 22, 2018

The only thing you could have done to prevent your spouse from voluntarily dismissing your case was to file a counter-petition for dissolution before he/she filed the motion to dismiss. If it is dismissed, you can file a new case. I don't know what county you are in, but in Cook and DuPage... View More

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Q: If both parties agree in not having child support is there a form or anything we need to put in our divorce papers?

Me and the other party also have a parenting plan where it states we do not want a child support order. Can the judge also put one in order even if both parties agree in not having a support order

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 20, 2018

The judge can (and likely will) order child support despite your wishes to the contrary. The judge is mandated by law to order such support. and cannot deviate from the support guidelines unless he/she makes special Findings justifying doing so. If such Findings are made, the court is only allowed... View More

View More Answers

2 Answers | Asked in Divorce for Illinois on
Q: I have to pay alimony and i have a lot of buisness expenses i drive for uber

Do i pay on the gross income or the adjusted gross income after expences

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 20, 2018

You deduct your actual out of pocket costs of doing business (excluding depreciation write-offs), and the balance is your income.

View More Answers

1 Answer | Asked in Divorce and Child Custody for Illinois on
Q: Separated, not divorced. I got a girlfriend and now mom won't let me see or keep the kids anymore. What can I do?

My wife and I have been married 13 years and have three children ages 14, 12 and 10. I moved out of the house and have my own apartment and we have been separated for over a year now. We live about three miles away from each other. While, we never established a formal custody or visitation... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 19, 2018

She has the right to deny you visitation until a judge says she cannot. You both have equal rights to the children, but this means nothing until you put it in a court Order.The court will allow your girlfriend to be present during your visitation only if the best interests of the children are not... View More

1 Answer | Asked in Child Support for Illinois on
Q: Can a father child support get lowered if he gets his child more often?

The court system has changed since i went to court in 2016. They did not ask me hownoften i got my child and they did not ask how much her mother made. Now they do ask those questions. I have always got my child 50/50 and i pay qay to much in child support for how often i get her. Is it even worth... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 19, 2018

While it is probably true that under the new law you would likely pay less, the court cannot modify your obligation just because a law law has come into effect.You must establish that a substantial change of circumstances has occurred. From the facts you have provided, it doesn't sound like... View More

2 Answers | Asked in Family Law and Child Custody for Illinois on
Q: My current husband’s job is moving out of state. He is our sole source of income as I stay at home.

My first child, who is now 15, is from my previous marriage. I have full custody, his father pays some child support. We do not have anything in our paperwork that states I can’t move out of state with my child. In no way would we be moving to keep his dad from seeing him but I’m definitely... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 11, 2018

You may not permanently remove the child from the State of Illinois without permission from the court, or your ex's consent. Your Judgment doesn't have to have any language pertaining to removal. It is a state law unto itself.

View More Answers

2 Answers | Asked in Child Custody for Illinois on
Q: I have joint 50/50 custody and my son mom informed me she is moving Missouri can she just up and do that?

We have 50/50 time and I don’t want to become a weekend dad. She wants me To drive four hrs a day just so he can go to school there. I think there is other reasons behind this but I don’t find this fair and I don’t want to just have my son on the weekend. What should I do? Her only reason is... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 10, 2018

In order for her to permanently remove the child that distance legally, she needs one of two things: Permission from the court, or your consent. You can challenge her in court where she will have an uphill battle. Courts are generally reluctant to grant removal. She has to prove certain criteria to... View More

View More Answers

1 Answer | Asked in Divorce for Illinois on
Q: My husband kicked me out of the house

Hi my husband kicked me out of the house and I have all my stuff there and he said I'm not allow in the house while he is not there. Is this true? What can I do?

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 6, 2018

Without knowing more facts, your husband is dead wrong.He is also a bully. If you lived there with him, both of you have equal rights to occupancy and possession of the home UNLESS a court has ordered otherwise. Since this is probably not the case, you can move back in the house, return to remove... View More

1 Answer | Asked in Divorce for Illinois on
Q: Pension Payment To Ex-Wife Doesn't Seem Right

When I got divorced (m1980-d2001) the divorce decree under the section PENSION AND RETIREMENT BENEFITS stated:

The wife shall receive 50% of the marital portion of husband's pension/retirement plan and 401k plan that has accrued during the marriage through the U.S Postal Service.... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 4, 2018

Based on the info provided in your question, your interpretation of the language in the Judgment is definitely CORRECT.Your ex should NOT be receiving 50% of the benefits that accumulated after 2001. The marital portion to be divided embodies only the benefits accumulated during the years you were... View More

1 Answer | Asked in Banking, Civil Litigation and Divorce for Illinois on
Q: Can my ex husband sue me for not being able to pay on a joint account that was declared mine in the divorce decree

I am in another state helping my family member with their kid because they are in the hospital and I am unable to work because of this he is saying I could face jail time and fines because I'm not paying on it because I'm unable to work at this time

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 4, 2018

You haven't provided enough info to allow for a complete answer, but I can say this much. Our law is far from perfect, but it is not without understanding. He can take you back to court and seek to have you held in contempt for failing to pay what you were supposed to pay under your Judgment,... View More

2 Answers | Asked in Divorce for Illinois on
Q: My husband filed for divorce and gave a false address for me to be served at and my middle name incorrect.

Since I wasn't served I didn't no to appear in court so he was granted the divorce and everything he put in when filed. We married in 2006 he knows my mom's address and knows my middle name and he intentionally gave false information. I found out I was divorced just a week ago online... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 4, 2018

It would definitely be possible to have your Judgment for Dissolution set aside if you can prove certain facts. However, you have not provided enough info to allow for a responsible answer. I suggest you meet in person with a divorce lawyer who can learn all of the facts that are necessary to learn... View More

View More Answers

1 Answer | Asked in Child Support for Illinois on
Q: What happens if neither parent attend the child support hearing court
J. Richard Kulerski
J. Richard Kulerski
answered on Jan 3, 2018

The court, at its discretion, will either dismiss or strike the underlying petition or motion, or it will continue the matter to another date.

1 Answer | Asked in Divorce for Illinois on
Q: If I purchase a new car and we are separated but not yet divorced is my spouse still responsible for the payments
J. Richard Kulerski
J. Richard Kulerski
answered on Dec 31, 2017

Is the title to the car going to be put in your name only? If so, you will be the only one who will sign the note, and she will not be responsible to pay any of the loan. Autos may be marital property, but they are treated somewhat differently than other marital assets. This is because of the auto... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: How can I move out of state and adjust my ex-husbands visitation with our child?

We have a current parenting agreement where he sees her three weekends a month, two weeks Christmas vacation, and one month in the summer.

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 30, 2017

You have to get your ex to agree to the removal, or get a Court Order allowing it. Most people in your position have an uphill battle that is very difficult to win. Consult in person with a knowledgeable divorce lawyer and see if the facts of your situation make removal possible.

2 Answers | Asked in Divorce for Illinois on
Q: Hello was wondering if I were to do a Preenup agreement with my spouse before marriage do we need a lawyer?
J. Richard Kulerski
J. Richard Kulerski
answered on Dec 29, 2017

Yes, you do need a lawyer. In fact, you both need lawyers. Some also have court reporters or videographers present at the singing. A prenuptial is a major piece of legal work, which should be treated with utmost caution.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.