Get free answers to your Family Law legal questions from lawyers in your area.
I divorced in 2016 with a signed MSA that included a mutually agreed-upon child support payment and splitting fees. I just wrapped a modification of child support case which caused the support to increase by 55%. Does the splitting of costs agreed upon in the MSA still stand, or does the increased... View More 
1.uncle died no will, never married and no children, no living siblings, at the time of passing next of kin would have been his dad,my grandpa. The probate court has never been petitioned. My grandfather lied to police that he was executor. My grandfather and his girlfriend helped themselves to the... View More
answered on Dec 14, 2024
An executor has to get letters of office from the court to take action on the uncle's estate. If there was no probate, there were no letters of office. That means nobody legally relied on any allegations grandpa made. No bank or court would have relied on such assertions. So the uncle must... View More
I have a question regarding a safe deposit box in the name of my deceased father. He passed away in 2005 and my mother in 2014. The house and other properties have gone through probate years ago, with myself, brother, and sister as beneficiaries. I could continue to pay the annual fee to keep... View More
The last court order had written an expiration date for the mother to complete a mental health assessment and for the supervisor to not be supervising the mothers parenting time at the agreed expiration date. Would it be legally okay to begin to drop the child off with the mother during her... View More
Our minor(17) son is currently living with a different guardian. We found out that he took responsibility for a single car crash where one of his friends left the scene(presumably alcohol related). The friend's father hired an attorney for our son. Aside from the fact that I believe this means... View More
answered on Dec 5, 2024
No one asks who hired the lawyer. Either the person has one or, if jail is a possibility, one is appointed. If you want to object I suppose you can go to court and do so, but I would think you should talk to your kid's lawyer first.
At time of cosign, the relationship was good. She chose to cut off contact and then stopped payment. We are getting hounded by creditors now. I'm near retirement and can't pay the $25,000 loan. Do we have any legal recourse?
My husband is divorcing me and was having a sexual relationship with another woman while we had been separated for 2 months. He had been bringing her into our home and even going to see her while I was away. Our divorce isn’t finalized so is that still considered adultery? He is also in the Navy.
answered on Dec 2, 2024
First, I’m sorry to hear about this difficult situation. Dealing with an affair during a separation is incredibly hard, and I understand how challenging this must be for you.
In Illinois, fault-based grounds for divorce (such as adultery) are no longer recognized, so an affair doesn’t... View More
answered on Dec 2, 2024
Not unless someone is willing to adopt the child. Parenting rights and responsibilities are not the same thing. He still has financial responsibilities to support the child even if he does not want to exercise his parenting rights to have parenting time with the child.
I have a 7 year old daughter with a man that has been in and out of her life the full 7 years mostly out of her life. At 5 months old He went to our local county courthouse and had her last name changed to his within 2 weeks and all without my consent. I recently found out he filed the name change... View More
answered on Nov 20, 2024
Look at the court file. Does it show that you have been served?
I'm mostly interested in my nieces and nephews inheritance. My brother's widow claims they are not in the will.
answered on Nov 11, 2024
Call the courthouse in the county where your brother lived. Circuit Clerk's office, and ask if one has been filed. It should be filed within 30 days of death. Anyone can go there and get a copy. It is a matter of public record.
My daughter recently turned 18. I never signed the birth certificate. I make support payments non court ordered. She's currently still in school. Senior year. Parnenity was never established.
answered on Nov 11, 2024
Illinois law requires that child support be paid until graduation from high school if she is already 18. So if you stop making payments, the mother could try to make you pay them based upon your pattern and practice of accepting responsibility for the child.
A small mortgage was obtained later for pay for siding. I have invested more than I can get if I sell the home. If the home is sold, how would the law define the home's equity? How would it be split between spouses?
answered on Nov 6, 2024
With some exceptions, the general rule is anything acquired during the marriage is presumed to be marital property. There are some facts missing from your question that might help to better answer this. It sounds like non marital funds were used during the marriage to purchase the home. Without... View More
I didn't even know he was going out of state to see his sister and I get temporary custody papers in the mail...I go to court in New York to pick my son up and they wouldn't release him to me... Even though there were no allegations on me
answered on Oct 10, 2024
Is there a custody order in either state? This is a complicated matter that requires a phone call. I practice in Illinois but not in all counties in Illinois. It looks like you are from Paris, and if that is where your case is filed I would not be able to represent you. However, you need an... View More
I went all the way to New York to pick him up just to get turned away empty-handed I don't believe they followed due process and my parental rights have been violated
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answered on Oct 6, 2024
If you believe your civil rights and parental rights have been violated, it’s important to take action to protect those rights. You may want to gather all relevant documents and any evidence showing that your rights were not respected or that due process was not followed. This could include court... View More
I have my rights as a father and New York family Court has given custody of my minor son to his sister...I wanted to file kidnapping charges on her but the authorities won't help...my next court date is on the 10th and I'm not sure what I'm supposed to do to get my son back but... View More
answered on Oct 5, 2024
Your first order of business is to get a lawyer in NY to represent you. Do you have custody of the child in IL? If so, you need to get a certified copy of it and email it to your lawyer in ny.
Have become aware of an outside, long-standing relationship that my husband is involved in. Additionally, questions regarding validity of our 2001 marriage. Husband and ex-wife only divorced within past five years. I only recently found this out.
He has been bounced around from group home to group home for a number of reasons the past couple of years.One home has stolen his disability payments and no charges were filed,they just moved him.this all began when an ex friend of ours made false allegation to adult protective service stating I... View More
answered on Sep 29, 2024
Who has guardianship? If the state has guardianship you could file a complaint with them. Do you have guardianship?
My ex husband is physically, financially, and emotionally abusive, and I have lots of photos, text messages, police reports, and he was even fined by our judge during our divorse for making several disparaging remarks on social media. He still uses harrasing and threatnening language, but the... View More
answered on Sep 26, 2024
No, your case cannot be reopened after 30 days. It also cannot be appealed. If the children's circumstances change, bad grades, running away, etc. Then you can go back to court and start over.
I have a child support case out of Illinois. I requested a modification 2 years ago and was never given a court date. Instead, the department of family services stepped in and I sent them all the information they requested for a modification. They did not use the calculator correctly and my ex wife... View More
answered on Sep 23, 2024
The dept of family services does not do child support cases. The dept of human services does. They know how to use the calculator. They have access to information that neither of you may have provided to them. You should have been given appeal rights and followed them in a timely manner.
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