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Illinois Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for Illinois on
Q: Can having a baby stop child support for my 14-year-old daughter?

I'm currently paying child support for my 14-year-old daughter through a court order. My daughter recently had a baby, and I'm wondering if this situation can lead to a modification or stoppage of my current child support payments. The other parent has legal representation, and I feel my... View More

Cheryl Powell
Cheryl Powell
answered on Mar 26, 2025

No. The parent with custody or primary decision making needs to help her get child support from the bio dad of her child.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Can vacation time be added to overnights for child custody in Illinois?

I have 11 overnights with my child out of a total of 28 nights, and I also have 2 weeks of vacation time with my kids in Illinois. Can vacation time be added to the calculation of overnights? Additionally, how do these affect custody or child support arrangements in Illinois? I am trying to... View More

Cheryl Powell
Cheryl Powell
answered on Mar 24, 2025

Read here. When each parent has 146 nights this is the calculation.

https://brelaw.com/new-illinois-child-support-law/

Q: Legal recourse for alleged illegal purge order and incarceration in DuPage County, IL family court.

In 2021, I filed a pro se appearance in a family court case in DuPage County, Illinois. In 2022, my attorney filed an appearance on my behalf but withdrew in 2024 while I was still under an alleged illegal contempt purge order requiring me to pay 75% of my net income, which I couldn't meet.... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Do I need a lawyer to regain custody of my daughter from her guardian?

I had my daughter when I was young, and at 3 years old, she was placed with her paternal grandmother due to a DCFS intervention. She's now 9, and despite my efforts in court 4-5 years ago, the grandmother was granted plenary guardianship. I've since stabilized my life—I have my own... View More

Cheryl Powell
Cheryl Powell
answered on Mar 17, 2025

Yes, you need a lawyer. This is not a DIY endeavor.

2 Answers | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: My wife refuses visitation with our child post-divorce announcement. What are my options in Illinois?

I told my wife that I wanted a divorce, and she took our three-year-old child and started living with her mom about a week ago. She is now refusing to let me see our child, citing concerns that our family home isn't safe. I haven't been able to visit my child at her mother's place,... View More

Brian W. Reidy
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Brian W. Reidy
answered on Mar 17, 2025

You need to get into Court as soon as possible. Unfortunately, Courts are your best remedy available when spouses cannot agree. I would contact an attorney near you to review your options so that you can get parenting time.

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0 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for Illinois on
Q: “Illinois parental rights lawyer for wrongful child removal, due process violations, and agency misconduct in DCFS cases

In 2018, a temporary judge granted DCFS removal without prejudice, later issuing a statement that he disagreed with the removal. Judge Patricia Martin later ruled the foster home was unsuitable, but instead of ordering return, she left the decision to agency discretion. Despite substantial... View More

1 Answer | Asked in Child Custody, Arbitration / Mediation Law and Family Law for Illinois on
Q: Can my ex restrict out-of-state visitation for holidays and summer?

I am a stay-at-home mom who moved to Texas with the knowledge of my children's father after we split. He has temporary primary custody of our children, aged 8 and 5, who reside in Illinois. I have been able to visit them in Illinois only twice since July, as I depend on his approval. We are... View More

Cheryl Powell
Cheryl Powell
answered on Mar 11, 2025

It seems that said restrictions would be unlikely as long as you have a licensed person to get you and them around. A graduated visitation schedule is the best approach since you have not seen them regularly.

0 Answers | Asked in Criminal Law and Family Law for Illinois on
Q: at 15 my daughter had sex with an 35 year old man. i just found this out recently . she is now 20. can i still press

can i press charges if i have a video proof.

can i get in trouble if i used hidden camera footage.

0 Answers | Asked in Divorce, Family Law, Health Care Law and Child Support for Illinois on
Q: Do I need separate paperwork for divorce after legal separation in Illinois?

I am currently in the process of a legal separation from my husband in Illinois, with a hearing scheduled for March 17, 2025. I carry the health insurance for our family, and my husband is unemployed. We have agreed to wait for a divorce until my husband gains employment, expected by Summer 2025.... View More

0 Answers | Asked in Divorce, Domestic Violence, Child Custody and Family Law for Illinois on
Q: Seeking divorce and custody help as a single mother from an abusive partner in Illinois.

I'm going through a divorce with my abusive partner. Divorce papers have been filed, and I was never allowed to know about anything financially or have a job. We have financial assets and properties that need to be divided. I left the relationship on October 24, 2024. I have a police report... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for Illinois on
Q: What are the requirements and responsibilities for short-term guardianship in Illinois?

I am looking to become a short-term guardian for a family friend in Illinois, specifically to handle medical and school-related matters. Could you explain the requirements and responsibilities for this role, and how the process works for a guardianship lasting up to one year?

Cheryl Powell
Cheryl Powell
answered on Feb 26, 2025

You can use a form on the internet for this. Court is not necessary. Both mother and father should sign. Search for CFS 444-2 and you will find that form.

You will raise the child as yours for one year.

You are responsible for costs, including medical, educational, etc. that are...
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0 Answers | Asked in Contracts and Family Law for Illinois on
Q: Car ownership transfer at 18 in Illinois with parent's title.

I'm 17 years old and planning to buy a car with my own earned money, paying in full cash. Since I'm not of age to have the car registered in my name, my parents will be listed as the owners on the title. There have been no verbal agreements about transferring the title to me when I turn... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can I regain custody of my daughter after ex-husband's death?

My ex-husband passed away yesterday. He had legal custody of our 11-year-old daughter, and she is currently with his wife. Our custody agreement allowed him to decide on visitation, but he never permitted me to interact with her. Since his death, I've attempted to contact my daughter, but her... View More

Cheryl Powell
Cheryl Powell
answered on Feb 24, 2025

This is not a DIY case. You need a local lawyer to file a Petition for habeas corpus for you. How old is the child? The stepmother has NO LEGAL RIGHTS.

1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law and Family Law for Illinois on
Q: Can DCFS continue drug tests after 6 clean months in IL?

I have been undergoing weekly random drug tests for six months as part of a DCFS case initiated when we sought their help to remove my fiancé's kids from their stepmother, who had abducted them. Despite complying with the drug tests and having no wrongdoings on our part, DCFS continues to... View More

Cheryl Powell
Cheryl Powell
answered on Feb 21, 2025

When DCFS has your children or your boyfriend's children and you want them back, you do whatever they say whenever they say. A drug test is not unreasonable EVER when it comes to the safety of children. If doing drugs is more important than the children to the two of you, then by all means... View More

2 Answers | Asked in Probate, Estate Planning and Family Law for Illinois on
Q: What happens to my deceased son's estate without a will?

My adult son recently passed away without a will. He was the sole owner of a house that his mother quitclaimed to him. He did not have a spouse or children. He is survived by his sister, two brothers, me (his father), and his mother (we are divorced). What will happen to his estate, particularly... View More

Charles E. Hutchinson
Charles E. Hutchinson
answered on Feb 16, 2025

According to the Illinois Compiled Statutes (ILCS)

(755 ILCS 5/2-1) (from Ch. 110 1/2, par. 2-1)

Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after...
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1 Answer | Asked in Child Support and Family Law for Illinois on
Q: How does loss of overtime impact maintenance obligations in IL?

I am currently involved in a legal proceeding with a trial date set in March regarding maintenance payments. Previously, I was working overtime, which increased my annual earnings on my W2 by approximately $23,000. After accepting a promotion, I am no longer able to work overtime, which has... View More

Cheryl Powell
Cheryl Powell
answered on Feb 16, 2025

Regardless of how the court views it, you will need to file a motion to decrease temporary

Alimony and child support now.

1 Answer | Asked in Child Support, Contracts and Family Law for Illinois on
Q: Can my maintenance be decreased after a salary reduction due to a promotion?

I am currently obligated to pay $1,800 a month in maintenance and $600 in child support for our one child, who lives with my ex-wife the majority of the time. I recently accepted a promotion at work, which resulted in a $24,000 decrease in my annual income due to the elimination of overtime pay. I... View More

Cheryl Powell
Cheryl Powell
answered on Feb 15, 2025

I don't believe so. You knew your promotion would result in a salary cut. Given that, you could have chosen to refuse that offer of employment. When the decrease in income is voluntary, one cannot decrease the maintenance they are paying. I suspect the court would keep you obligations the... View More

1 Answer | Asked in Family Law for Illinois on
Q: Summons to establish a father child relationship, no DNA and woman is married?

I have had an on again off again affair with this woman for five years, she got pregnant two years ago and immediately said it was mine. I asked for a DNA test in the privacy of her home between us and she absolutely refused and instead went and filed this petition with the court house. She is... View More

Cheryl Powell
Cheryl Powell
answered on Feb 13, 2025

You should hire a local family law practitioner to help you with this. It is not a DIY type of a case. You need to ask for a DNA test first.

1 Answer | Asked in Family Law for Illinois on
Q: How do I file a police report regarding Interference w/ electronic parenting time? I live in FL while child lives in IL.

We have an agreed upon Parenting Plan signed by a judge less than 2 months ago out of an Illinois court. It Took nearly 4 years to come to terms on everything in the allocation, but one thing that’s stayed relatively the same in that time is my nightly electronic communication with the minor... View More

Cheryl Powell
Cheryl Powell
answered on Feb 2, 2025

Where is your decree entered? If it is in Illinois, you should be able to call the police in Illinois, tell them what happened and make a police report.

1 Answer | Asked in Estate Planning, Family Law and Uncategorized for Illinois on
Q: MY SISTER REFUSES TO GIVE ME INFORMATON ABOUT OR DECEASED MOTHER'S ESTATE. HOW CAN I GET THIS INFO?

My mother died on 12/19/24. My sister who hsa her POA over her finances refuses to give me any information regarding her estate. I know i am entitled to half. How can i go about getting my half of the estate? I do not know if my mother had a will or not. She refuses to provide me this... View More

Cheryl Powell
Cheryl Powell
answered on Jan 29, 2025

The POA died with your mother. If there is a will, it should be filed with the circuit clerk of the county she lived in within 30 days of her death. You can get a copy there. Do you know who the lawyer would have been that drafted poa's and maybe a will? If so, check there to see if they... View More

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