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Illinois Divorce Questions & Answers
1 Answer | Asked in Bankruptcy and Divorce for Illinois on
Q: Divorced 12/19. In divorce I was granted the 2013 F350 pickup. My ex filed bankruptcy on this truck. Is that legal
Timothy Denison
Timothy Denison answered on Mar 28, 2020

It is but he will still have to pay for it bc it is a non-dischargeable domestic obligation of support. Hire a bankruptcy lawyer to go in and get it for you. You can likely recover your attorney fees in the divorce action.

1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: We agreed to sell the house in Moline at the time if the divorce,(08/09/2012). Need house sold and back rent.

We agreed to sell the house property in Moline at the time if the divorce,(08/09/2012). Included was a clause in the divorce degree that he would pay me rent if home wan NOT sold with in a 2 year period, by 08/09/2014. He has not sold the home or paid me any rent. He is still residing in the home... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Mar 18, 2020

You need to file a Petition for Rule to Show Cause as to why he should not be held in contempt of court for violating the judgment. There are two issues . The first is that he failed to sell the house within the two year period. The second is that he failed to pay you the rent. This pleading should... Read more »

1 Answer | Asked in Divorce and Small Claims for Illinois on
Q: Divorced 16 months, he hasn't taken my name off mortgage as ordered, he hasn't paid mortgage for 3 months.

My credit is starting to suffer, I feel I cant move on, how do I stop his perpetuation of this, do I have monetary recourse for credit issues? I just want off of the mortgage. Thank you.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 4, 2020

This is a very common problem. You have to take him back to court on a Rule to Show Cause as to why he shouldn't be held in contempt of court for failing to refi. However, the court is not likely to hold him in contempt if he can prove he earnestly tried to refi, but couldn't get a lender to go... Read more »

2 Answers | Asked in Divorce for Illinois on
Q: My ex has not paid half of health insurance for one of our children as stated in the divorce. How can i get him to pay?

We signed in divorce that since I carry health insurance that my ex would pay half for insurance of kids until they remained on my insurance. He won't pay.

Cynthia Rote
Cynthia Rote answered on Feb 28, 2020

Send written correspondence to your ex - via email (or the app that you agreed to use) telling your ex that they have not paid it for x months, they owe x amount to get current and needs to pay x amount monthly (or whatever the schedule for payment is). Advise your ex that if you do not get payment... Read more »

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1 Answer | Asked in Divorce for Illinois on
Q: What if the petitioner is in prison and the defendant is never served. RTRN N.S

What if the petitioner gave the correct address of the defendant, but the defendant is purposely avoiding answering the door, and alias summons was returned not served

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Feb 5, 2020

If you cannot serve the defendant, you are out of luck. That's why people dodge Summonses. You must hire a Special Process Server who has the skill to figure out how to get the job done. In counties with a population of over 1,000,000, you must get court permission to appoint such a Server.

2 Answers | Asked in Child Support and Divorce for Illinois on
Q: Child support question

I got divorced in September of 2019 there was no previous court order that required my ex to true up for his secondary employment. I was told by my attorney that he only has to true up from the date of the divorce until the end of the year. Nothing about retro pay is mentioned in our MSA. MSA only... Read more »

James G. Ahlberg
James G. Ahlberg answered on Feb 4, 2020

Rather than being pro-rated it is likely to be based on income earned from the date of the divorce through December 31. Your best bet is to ask the lawyer who represented you in your case, since he or she will be familiar with the terms of your MSA and their interpretation.

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1 Answer | Asked in Divorce, Family Law and Child Support for Illinois on
Q: I paid my ex tru-up. She disagreed w amount & ripped the check up. She gave me a pic after. Do I have to pay her again?

She stated she disagreed with the amount. She wasn’t aware the tru-up starts day of filing divorce agreement. Check was significantly less than she expected. She threatened to and then the ripped check up. She gave me a pic to prove it.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 25, 2020

Send her an email or a certified letter offering to go halves with her on an independent accountant or divorce lawyer to calculate the amount that the true-up requires. Otherwise, you don't have to do anything until she files a Petition to hold you in contempt of court. Then, you can show the photo... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: Will home be considered shared asset?

Married 27 years. Moved in home almost 20 years ago. Home is currently in father in laws name. Husband and I have been paying mortgage directly to father in laws bank account. Both of us have worked and contributed to mortgage and home upkeep and remodeling. Husband is working on refinancing home... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 22, 2020

At the best, you have an uphill battle if you hope to establish that the home is a marital asset. Talk in person to an experienced divorce lawyer who can learn more facts from you. It might turn out that you have a claim to reimbursement for the marital funds that were contributed to the home that... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: My wife wants to get a quick divorce /no kids/no assets/ but neither can't live elsewhere for 6 months

She wants to leave US with no plans of coming back with in six months, and we both have no friends to just move there, niether money to just rent another apartment.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 19, 2020

Your question seems to assume that there must be a six month separation before you can get divorced. This is not true. If both of you agree to the divorce, you do not have to be separated for even one minute.

1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: Miss Maryland hope you're still there and answer this I looked at my contract for deed paper

Paid it off After we were married does it make a difference like I said I have all receipts and it's only in my name he's never even paid property taxes an is there no law about abandonment

Marilyn  Johnson
Marilyn Johnson answered on Jan 15, 2020

If it has never been titled in his name, then it should be considered marital property by the court from what you have alleged.

1 Answer | Asked in Contracts, Divorce and Real Estate Law for Illinois on
Q: Illinois, I contract for deed my home 82214 NotMarried boyfriend moved in 1 year later we married I was ONLY one worked

His name is on nothing he work for cash only I have W-2s he left me got incarcerated for a year and he still is not living in the home he has many vehicles on property and I don't see him and vehicles are open titles can I get rid of them? &

my home is paid off and we're talking divorce can... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Jan 12, 2020

The only grounds that you can use for a divorce in Illinois are irreconcilable differences. You should not dispose of any property. Wait until you have a court order regarding the property. If the house is titled in only your name and you acquired it prior to your marriage, it should be considered... Read more »

3 Answers | Asked in Divorce for Illinois on
Q: I have a proveup in my MSA does my ex have to prove up for the whole year or only from the time the divorce was filed?

We just got divorced in September of 2019 there was no previous court order that required him to true up for his secondary employment. I was told by my attorney that he only has to true up from the date of the divorce until the end of the year. But I am unsure of this answer. Nothing about retro... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Jan 10, 2020

What specifically does your MSA say?

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1 Answer | Asked in Divorce for Illinois on
Q: My ex and I set up an account for my grandson for college while we were married; my grandson is 3 1/2 years old.

Within a month of the divorce becoming finalized, my ex closed out that account and pocketed the money. That account was in my grandson's name, with his social security number. My ex's name and my name were also on the account if something happened to my grandson. Could my ex close that account... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 6, 2020

This is a question to ask the lawyer who handled your divorce. He or she is familiar with the court orders and settlement agreements entered in your case. Ideally, one of those should have addressed the issue of what would happen to this account if the lawyer knew about it and the names on the... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: While I was married my ex and I set up accounts for our grandkids so they would have money for college.

As soon as divorce was finalized, my ex went and closed out my one grandson's account and took it all. The child is 3 1/2 years old and we had a 50/50 split on all finances. My son, the father of this grandson, will not speak to his father so he did it out of spite. Can I do anything to try and... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 4, 2020

Exactly what kind of account was set up for this child? Was the child's social security number used for the account? If it was a proper UGTMA account, then no one would have any rights to the account - EXCEPT the child. In this situation, you would have no claim to 50% of the funds, There could be... Read more »

1 Answer | Asked in Child Support and Divorce for Illinois on
Q: Father is in Puerto Rico, Mother is in IL - divorced. Father pays child support until the children are what age?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 31, 2019

18 or graduation from high school, whichever is last to occur - but not to exceed age 19.

1 Answer | Asked in Divorce and Appeals / Appellate Law for Illinois on
Q: Rules for filing an appearance in a matter on appeal. Appearance filing needed in appeal case by circuit attorney?

Matter on appeal (interlocutory and final order). Does circuit case counsel file appearance in appellate case or not? Is the attorney’s appearance filing in the circuit case automatically applied in the appeal case without that attorney or other filing an appearance in the appeal case in the... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Dec 31, 2019

An appearance must be filed in the appellate court case.

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Q: we have my bf’s kids Mon-fri & every other weekend does mom have to pay childsupport doesn’t work but her husband does

Mom doesn’t work so she does not have money to pay child support but she’s married & her husband has a job. Does child support take in to consideration her husbands income for child support?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 30, 2019

No, her husband's income cannot be used to determine her child support obligation.

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3 Answers | Asked in Divorce for Illinois on
Q: How do I find out if I am still legally married in another state

The divorce was filed in 2015, my ex's attorney never contacted me about mediation or anything else like he said he would. I no longer live in Oklahoma and haven't for years. How can I get this ugly situation gone for good or is it already and I just didn't know?

James G. Ahlberg
James G. Ahlberg answered on Dec 26, 2019

If the Clerk of the Court in the Oklahoma County where the divorce was filed has a website, use it to check on the status of the case. If you can't find a website, call the Clerk of the Court in the Oklahoma county where the divorce was filed and ask them how to find out.

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2 Answers | Asked in Divorce for Illinois on
Q: How do I get a divorce in Oklahoma whenever I live in Illinois I have not lived in Oklahoma for almost 5 years
James G. Ahlberg
James G. Ahlberg answered on Dec 26, 2019

You can file for divorce in Illinois. Once you get your divorce here you should be considered divorced in all 50 states -- including Oklahoma.

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