Questions Answered by J. Richard Kulerski Esq.

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.

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, Family Law and Child Custody 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.

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