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Illinois Family Law Questions & Answers
1 Answer | Asked in Family Law for Illinois on
Q: Hi my sons father is an absolute nightmare to deal with and he is dragging me through the court system. I need help.

He is the father but left me alone during my pregnancy but we were occasionally communicating through email. He said he wouldn't shirk the responsibility in any way and he is doing just that.

Cheryl Powell
Cheryl Powell
answered on Jan 1, 2024

If you need help with child support, you can apply for help through heatmlth and human services. If you need help with custody, legal services may be able to help you.

1 Answer | Asked in Family Law for Illinois on
Q: What can a parent do to get their 17 year old to move from one town to another when the kid is refusing to?

We have to move and he is refusing to because he don't want to leave friends. I'm a single parent with full custody and his dad isn't involved. I refuse to sign over any parental rights. He has begun to hang around a bad group of kids not long ago and leaves when he wants to and... View More

James L. Arrasmith
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answered on Dec 31, 2023

As a single parent with full custody facing a situation where your 17-year-old is refusing to move with you to another town, it can be challenging. It's crucial to prioritize your child's well-being while also addressing their concerns. Here are some steps you can consider:

1....
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2 Answers | Asked in Family Law and Probate for Illinois on
Q: Beneficiary Rights to Mothers Estate, information is not being shared by Executor.

It appears that the Executor

is not being fair or impartial and it is not in the best interest of the beneficiary, my mom. I believe my grandma’s estate is being mis-managed. We would appreciate some guidance on what we, as a family, can do for my mom. Please let me know if you need... View More

Cheryl Powell
Cheryl Powell
answered on Dec 14, 2023

The first thing is that there are timelines. Was there a will? If so, it should be filed within 30 days of death. And an inventory should be filed 60 days after the will was admitted to probate. Has your mother received an inventory?

Timeliness are not as strict if there was no will.

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1 Answer | Asked in Family Law for Illinois on
Q: I have a brother that is mentally ill and is being abused by his mom and my dad In Illinois. What can be done?

He was abandoned by his mom and left on the street of California as a small child. He then became ward of the state of California. He was living in a facility in California called Laurel behavioral health his whole life up until the age of 46. That’s when his mom and my dad got the bright idea to... View More

Michael Goldberg
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Michael Goldberg
answered on Dec 22, 2023

If you believe your brother is being abused, you should first call the police and file a police report. His parents have guardianship of him at the moment, but that can be ended by the court that oversees guardianship. If you wish to become his guardian to make decisions for him, you can petition... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How do I get someone to represent me in court

My ex boyfriend have a restraining order on me with my children on it that he haves no rights to I need help getting my kids back home where they are safe

Cheryl Powell
Cheryl Powell
answered on Dec 11, 2023

Call legal services in your area. Sometimes they have grants that cover this stuff.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: In Illinois, an ex-spouse is hiding money by paying their new partner, who works for their business. Is this legal?

Ex-spouse owns a business and is claiming that their business is not doing well and that yearly "true-up" payments need to be reduced. One of the ways they are hiding money is by paying their new partner, who works for their business. By paying their new partner very very large sums of... View More

Daniel J. Kollias
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answered on Dec 8, 2023

Is the "new partner" a business partner or a domestic partner? Assuming the question refers to a new domestic partner, the answer will depend on several factors, including whether the new partner is actually working for the business and whether the amount being paid to the new partner is... View More

1 Answer | Asked in Child Custody, Family Law and Personal Injury for Illinois on
Q: My mom isnt allowed to hit me (court ordered) but she did. I left home at 17 and Im staying with a friend is that legal?

My mom left bruises on me after a harsh fight, I talked with the school about what happened and the school police officer but they dont consider it abuse. However because of her previous abuse she isn't supposed to hit or lay a hand on me or my siblings. So I left the house and have been... View More

Cheryl Powell
Cheryl Powell
answered on Dec 7, 2023

You should contact DCFS and the police, tell them what you are doing and why. Dcfs has forms where your mother could sign guardianship over to another responsible adult until you are 18.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Hi,I have a case coming up Monday via zoom for back child support I've been looking for someone that can help me

Are there any pro Bono attorneys? I've been unable to work because of mental health issues is there anyone that could help

Cheryl Powell
Cheryl Powell
answered on Nov 29, 2023

I assume that you are being sued and have to defend a Rule to Show Cause. You should explain your reasons to the judge. If you have not previously filed a petition to modify child support, you should and explain why you cannot earn the same living as you did previously. Your reasons should... View More

1 Answer | Asked in Domestic Violence and Family Law for Illinois on
Q: Does a victim in a domestic violence case have to testify?

i am a victim in a domestic violence case and i got a subpoena. i understand i have to be at court and i will but i don't want to testify because i don't feel comfortable i have social anxiety. i have never been in trouble before and i don't know my rights. what happens if i refuse to testify?

Cheryl Powell
Cheryl Powell
answered on Nov 29, 2023

If you refuse to testify you can be arrested and charged with obstruction of justice or some other penalties. You have been subpoenaed. Failure to appear and testify is a violation of the law. Most state's attorneys have victim witness coordinators. You should call that person at the... View More

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: Are 1099 workers exempt from child support?

Can a child support order be entered against a person who is a 1099 worker?

James G. Ahlberg
James G. Ahlberg
answered on Nov 25, 2023

1099 employees are not exempt from child support. A child support order can be entered against them and fully enforced by the court.

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: My question involves a single parent adoption in Illinois wherein the biological mother adopts her son.

The biological father was the respondent and a copy of the petition was found in his belongings after he died, so I believe he received notice. If the adoption goes through, are the biological father's parental rights terminated, or could it mean something less than that? For example, having... View More

James G. Ahlberg
James G. Ahlberg
answered on Nov 17, 2023

Your question is difficult to answer because the first sentence you wrote is ambiguous. The biological father "being part of the case" could mean he is joining as a petitioner in the attempt to adopt the child, it could mean he is a respondent who has consented to the adoption, or it... View More

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Illinois on
Q: My Daughters step father sexually abused her she’s 15, Dcfs said she could no longer be around him so her mom sent her

To live with me, the father. She’s been here one week transferred schools and is settling in well, now her mom found out her husband is going to jail and will not be there an she needs a sitter for the other children so she wants to take my daughter back. My daughter wants to go back because she... View More

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2023

Under these circumstances, it is unlikely that you would prevail in this case unless you could prove that the mother knew it was happening and chose not to intervene. There are over 15 relevant factors but this is the biggest one in this situation. The law errs on the side of stability. If the... View More

1 Answer | Asked in Legal Malpractice and Family Law for Illinois on
Q: Is there a specific type of Malpractice Lawyer in IL for post decree matrimonial ethical incompetence?

I have searched and most Malpractice lawyers I find are not specific to post decree marriage cases - can you point me in the proper direction?

James G. Ahlberg
James G. Ahlberg
answered on Nov 16, 2023

You're unlikely to find someone focusing on that precise area of practice. A lawyer who practices in the area of dissolution of marriage cases or general legal malpractice is your best bet. The former will be more familiar with whether malpractice occurred; the latter will be more familiar... View More

1 Answer | Asked in Family Law and Elder Law for Illinois on
Q: I have a 300,000 beneficiary check in my name Can I write it over to my sister- I don’t have a bank account?
Cheryl Powell
Cheryl Powell
answered on Nov 14, 2023

Most banks do not allow 3rd party checks anymore. Use the $300,000 check to open up a checking account.

They will hold it for x days before

They will let you have it after that.

1 Answer | Asked in Family Law for Illinois on
Q: I was never served bc the father of my son gave the wrong address can I get another date or extension ?

He’s filing for visitation rights. I have not denied him to see our son , I’ve tried to get him to come get him & he would tell me no. The only reason why I know there is a progress call is because I reached out to him about our son and that’s when he told me the court date. He told me on... View More

Cheryl Powell
Cheryl Powell
answered on Nov 12, 2023

A lawyer first needs to see the papers he has filed. Go to the courthouse and get them.

1 Answer | Asked in Family Law, Child Support and Identity Theft for Illinois on
Q: I need a legal lawyer regarding a child support order that wasn't legal and identity thief by my deceased father .

My ex wife who had 2 children by my biological father and I left Illinois with a known address but wasn't notified and now the child in question ❓ is 45 with grandchildren and my ex is still receiving and I went to a court but they said they couldn't stop my social security benefits... View More

Cheryl Powell
Cheryl Powell
answered on Nov 11, 2023

Let's try to uncomplicate these issues a little bit. Your ex wife had 2 kids with your father but was never married to him. He is now dead. Do I have this accurate so far? One of those children is 45 with grandchildren. Your ex is receiving what and why?

Identity theft. Get a...
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1 Answer | Asked in Family Law, Elder Law and Probate for Illinois on
Q: Can you help me find out what happend my Mother ?

I'm retired, and handicapped, living in Florida. Her granddaughter found her obituary on line this week. My mother passed away Sept. 8. She passed away in Great Lakes. None of the family was notified. I can't find out where her personal belongings are or even where she died. The police in... View More

Cheryl Powell
Cheryl Powell
answered on Nov 9, 2023

I found the obit. Did you call the funeral home at Seguin and Symonds Funeral Home in Highwood? Somebody paid for the funeral. I am guessing that she got married to someone who lived in Great Lakes. The funeral home usually puts people in touch with each other.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: If the father's a drug abusing, woman hitting, violent POS.. how can he have any child without having supervision?

He's been a convicted felon on drug charges, multiple times. He's got a rap sheet of more than 30 domestic violence happenings, currently has an open case pending against him for driving with no license, no insurance, wrecked the vehicle trying to escape police WHILE on meth, was charged... View More

Cheryl Powell
Cheryl Powell
answered on Nov 7, 2023

Because all of that evidence probably has not been presented to a judge. It might be because he only exercises his time when he is sober and in a good mood.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: I have been married for three years and six months. . .am I obligated to paying alimony to my spouse upon divorce?
Christine S. Janis
Christine S. Janis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

The easy answer to your question is "maybe." Whether or not you are obligated to pay alimony - now called "maintenance" - depends on a number of factors, including not only how long you have been married, but who is the primary earner and amount of your respective incomes. And... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Civil Rights for Illinois on
Q: Is a Judgment written by lawyers and paid to advocate a disabled client does no Erisa SP Discovery .Waives rights fraud?

No ERISA SPD Discovery . All lawyers and Judge Aware but disabled paying client . Then waive clients ERISA right fraud?

Cheryl Powell
Cheryl Powell
answered on Nov 4, 2023

Please elaborate. Is this in a divorce case? Client receiving Ssd or ssi? What are you alleging as fraud?

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