paying support and got very behind. He would send random money orders with random amounts and hand write “daycare” on some of them. Since he was behind on support I disregarded his handwritten note and used it as child support.
Child support services finally recently got ahold of him... View More 
answered on May 9, 2019
Your day care provider has no standing to take him to court. Only you can do this. What he scribbled on the checks is meaningless. The likelihood is that the judge will rule in your favor. Judges don't like wiseguys.
answered on Apr 12, 2019
Any rights she has to the car and the house are NOT negated by the fact that you are not living together. She has a valid claim to her equitable share of anything acquired during the marriage (as long as it is not by gift or inheritance).
"Abandonment" is a term the is vastly... View More
My husband and I are in good standing, but instability, physical/verbal abuse led to the separation. Due to his mental instability, I want full custody of our 1 1/2 year old son, but still want him to get some visitation rights. I'd like to use a mediator to save costs and the... View More
answered on Mar 9, 2019
It is certainly possible for mediation to be successful. However, from my experience, mediation requires that both spouses be reasonable in their thinking, and free from significant emotional impairments. Your description of your husband does not lend itself to his being a mediation candidate.
answered on Mar 2, 2019
No. At the very least, the party that filed for the divorce must be present in court to testify and present proofs to warrant the entry of a judgment for dissolution.
Do I need a lawyer for anything for uncontested? We have negotiated three drafts. Married 23years. I have one concern regarding his retirement accounts.
answered on Feb 22, 2019
You really should at least consult with a divorce lawyer. The fact that the two of you agreed upon the terms of your divorce is not enough. You only get one shot at doing this right. There are no dress rehearsals. In addition, his retirement account(s) are nothing to treat lightly. You will likely... View More
answered on Feb 12, 2019
Yes, if one party asks for it, and the court concludes that there is a prospect of reconciliation. [Section 404 of Illinois Marriage and dissolution of Marriage Act.]
He'll get a portion of the proceeds, but does my principal come off before that?
Sorry should have added some further details - the MSA says: For purposes of this agreement, the division of proceeds from the sale of the Marital Residence is based upon a sales price of $xx and a... View More
answered on Feb 8, 2019
If both of the YY's in your question are the same number, then you will get 100% of the principal reduction that accumulated since the divorce. Your lawyer did a good job spelling it out.
I have to file a response to the motion. There are no verbal or written agreements with my husband and son. The money used to buy the house was from my husband workman compensation money.
answered on Jan 20, 2019
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.
My husband and i have agreed on what we want out of our divorce. Can we use the same lawyer to get divorced
answered on Jan 17, 2019
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.
My husband and I lived in the same town, but I no longer know where he is. When conversing with an attorney with Crisis Center, she advised that I would have to "transfer" my case to the state I moved to, if it wasn't finalized. I haven't been able to reach her since. Dismissal... View More
answered on Jan 16, 2019
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... View More
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?
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... View More
For example, if children are with one parent until 9pm and returned to the other? Who would receive credit for this overnight?
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.
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.
Divorce states...both shall split school expenses including any and all fees registration and school activities
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... View More
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.
Or if we file for divorce but it's not finalized by the end of the year can we file as single?
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... View More
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... View More
answered on Nov 16, 2018
You can move wherever you wish as long as you stay within the applicable mileage limit.
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?
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... View More
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 ?
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... View More
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... View More
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