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Questions Answered by J. Richard Kulerski Esq.

1 Answer | Asked in Divorce for Illinois on

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.

I know he won't, so I will have to be the one who leaves (retired, kids are grown) will I still get half of the house value & furnishings?

J. Richard Kulerski Esq. answered on Dec 30, 2018

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... Read more »

1 Answer | Asked in Divorce for Illinois on

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

For example, if children are with one parent until 9pm and returned to the other? Who would receive credit for this overnight?

J. Richard Kulerski Esq. answered on Dec 28, 2018

The parent that put the child to bed at 9:00pm is the parent that gets credited with the overnight.

2 Answers | Asked in Child Custody and Divorce for Illinois on

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

J. Richard Kulerski Esq. answered on Dec 19, 2018

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.

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2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on

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

Divorce states...both shall split school expenses including any and all fees registration and school activities

J. Richard Kulerski Esq. answered on Dec 12, 2018

No. School lunches are included in child support.

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1 Answer | Asked in Divorce for Illinois on

Q: What are the choices that I have?

Hello! I am a teenager dealing with a very unique, bad divorce case. My mom just said that I dont have a say in what happens because Im not 18. She also found out that I have tried weed (I needed a way to escape the mental and emotion pain she puts me through). She implied that she is going to... Read more »

J. Richard Kulerski Esq. answered on Dec 8, 2018

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.

1 Answer | Asked in Divorce for Illinois on

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

Or if we file for divorce but it's not finalized by the end of the year can we file as single?

J. Richard Kulerski Esq. answered on Nov 21, 2018

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... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Illinois on

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

My soon to be ex has put in the allocation judgement that I must stay in my current city of residence for the best interest of the children, even though I will not be able to afford to live in the city anymore if he reduces child support. I need to know if he can do this. Currently we have stated... Read more »

J. Richard Kulerski Esq. answered on Nov 16, 2018

You can move wherever you wish as long as you stay within the applicable mileage limit.

1 Answer | Asked in Divorce for Illinois on

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

We have agreed on a list of things but she refuses me to go in the house to get them. She wants me to hire a moving company and they go and get the items. What are the options or legal way I would have to get my things?

J. Richard Kulerski Esq. answered on Nov 14, 2018

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... Read more »

2 Answers | Asked in Divorce and Child Support for Illinois on

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

Child living with custodian parent and commute for college. Asking for College contribution petition not filed yet.without seeing financial affidavit judge already order that child support contributions will considered towards father's college contribution. Is it fair ? What can be next step ?

J. Richard Kulerski Esq. answered on Nov 10, 2018

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... Read more »

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1 Answer | Asked in Divorce for Illinois on

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

J. Richard Kulerski Esq. answered on Nov 9, 2018

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... Read more »

1 Answer | Asked in Family Law and Divorce for Illinois on

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

I’ve been married for two months and have went through physical and verbal abuse more than I have ever before went through. It is very unhealthy for my son to be around. I’m currently unemployed so I can’t afford much but I NEED out of this situation as fast as possible.

J. Richard Kulerski Esq. answered on Oct 25, 2018

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.

1 Answer | Asked in Child Support and Family Law for Illinois on

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

If my boyfriend and his 2 children move in to my house with me and my kids, would my income be included when they compute his child support obligation to his ex wife for his children? She seems to think it will. Also, can my ex husband use my boyfriends income to recalculate what he owes me? My... Read more »

J. Richard Kulerski Esq. answered on Oct 22, 2018

The income of one's new spouse or live-in significant other cannot be used when determining child support obligations.

1 Answer | Asked in Divorce for Illinois on

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

every other year and spouse every other. Is this typical to do?

J. Richard Kulerski Esq. answered on Oct 16, 2018

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.

2 Answers | Asked in Divorce for Illinois on

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

in Illinois?

J. Richard Kulerski Esq. answered on Oct 15, 2018

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.

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2 Answers | Asked in Bankruptcy, Divorce and Family Law for Illinois on

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

I am seeking some financial help and/or, Pro-Bono, or very low cost legal representation in a Divorce case filed against me in Lake county IL.

My husband left " for a new Job" one year ago, leaving our 11y,o daughter ( w/Autism) & me behind. It was our intention to join him once our home... Read more »

J. Richard Kulerski Esq. answered on Oct 13, 2018

Contact the Lake County Bar Association in Waukegan, and explain your situation to them. They will point you in the right direction. Good luck.

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1 Answer | Asked in Arbitration / Mediation Law and Divorce for Illinois on

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

Trying to determine least expensive method for getting a uncontested divorce. If my husband and I agree on terms should we use a mediator. I was told you must go through a lawyer to file even if you use a mediator.

J. Richard Kulerski Esq. answered on Oct 1, 2018

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.

1 Answer | Asked in Divorce for Illinois on

Q: My former husband wasn't working at the time the divorce was finalized so no maintenance was determined in court.

Now, a few years later we have agreed on an amount of maintenance that he will pay. Is it sufficient to just sign a document together and get it notarized or do we have to go before a judge? Thank you.

J. Richard Kulerski Esq. answered on Sep 20, 2018

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... Read more »

1 Answer | Asked in Divorce for Illinois on

Q: Would a divorce finalized in Sept 2017 in Illinois ever be given the chance to move to the new IMDMA maintenance formula

With the new maintenance formula adjustments, it would change my maintenance order from 2.4 years to 1.6 years, so have to ask if there is anyway to move to the new formula if the divorce was finalized in Sept. 2017.

J. Richard Kulerski Esq. answered on Sep 18, 2018

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.

1 Answer | Asked in Divorce for Illinois on

Q: Is alimony supposed to be adjusted if one of the parties' incomes change? Or stick with the divorce agreement amount?

I was ordered to pay $1095/month based off of the IM&DA (2017) version. Our salaries have changed and if we calculated the amount I would need to pay based off of our new salaries, it would increase to $1616. My ex-wife claims she should get this amount now, but the divorce agreement was signed as... Read more »

J. Richard Kulerski Esq. answered on Sep 18, 2018

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.

1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on

Q: I got married and what is the protocol to relocate with my kids from my exhusband?

I got married. But I have three kids from previous marriage. What is the protocol to relocate? Can I move with my kids with my new husband? Can the court separate my husband and I if my kids father object the relocation? He has a family of his own as well. I am the custodian and its a joint... Read more »

J. Richard Kulerski Esq. answered on Aug 13, 2018

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... Read more »

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