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Illinois Family Law Questions & Answers
2 Answers | Asked in Divorce and Family Law for Illinois on
Q: my husband had another sexual relationship with another woman while we were separated and going through a divorce.

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.

Brian W. Reidy
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Brian W. Reidy
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...
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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Per IL law: the marital home was purchased (no mortgage) with funds earned prior to the marriage.

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?

Brian W. Reidy
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Brian W. Reidy
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

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How can new York give custody when there is a custody case filled here in Illinois between his mom and I

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

Cheryl Powell
Cheryl Powell
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

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Q: Questions about alimony in Illinois and what options I may be able to pursue?

1) Per my divorce decree, my ex wife and I are to present W2's each year. This was never done, however I experienced a decrease in income since the maintenance was set 6 years ago. If it were determined that I overpaid during any year, is that reimbursable in court? If I underpaid during... View More

Joerika Stitt
Joerika Stitt
answered on Jul 13, 2024

Hello,

Thank you for your questions about spousal support (maintenance) in Illinois. Here's some information that may help address your concerns:

1. Reimbursement for Overpayment of Maintenance

Yes, under Illinois law, if you overpaid maintenance due to a decrease in...
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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Hello I have low income and my spouse had been verbal and mentally and financially abusing me I what can I do ?
Joerika Stitt
Joerika Stitt
answered on Jul 13, 2024

Hello,

I'm sorry to hear about the verbal, mental, and financial abuse you've experienced. It's important to remember that domestic violence (DV) isn't limited to physical harm. The behaviors you describe are forms of DV, and it's not your fault.

You are...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: 17 year old son wants to live with his mom now, I am in IL/ mom is in WI- case was in WI

He is upset at me for showing up at his mom's house at midnight after his location previously indicated he wasn't there/was turned off and he wouldn't answer my phone calls/text messages. He said he was at a friends' house. The issue I have is that he's driving my truck... View More

Cheryl Powell
Cheryl Powell
answered on May 27, 2024

Sounds like you need to take the truck privileges away. If he goes to his mom, she can provide him with a car or sign this one over to her so it's not your problem when you can't supervise him and he ends up in a bad accident. Is he going to go to school there? Does mom want him full... View More

2 Answers | Asked in Family Law, Internet Law and Intellectual Property for Illinois on
Q: Do I have a right to photos of me taken by my stepmom, an illegal guardian, and posted on her Facebook page?

I would like to get my photos removed from my stepmom's Facebook page as they are my photos that were taken when I was a minor under the illegal guardianship of my stepmom. Since those photos of me were taken by my stepmom who was not my legal guardian, I believe I have a right to them and... View More

James L. Arrasmith
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answered on Jun 8, 2024

I'm sorry to hear about the difficult situation with your stepmother. This is a complex issue that involves several areas of law. Here are a few key points to consider:

1. Guardianship: If your stepmom was not your legal guardian at the time the photos were taken, she may not have had...
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2 Answers | Asked in Family Law, Internet Law and Intellectual Property for Illinois on
Q: Do I have a right to photos of me taken by my stepmom, an illegal guardian, and posted on her Facebook page?

I would like to get my photos removed from my stepmom's Facebook page as they are my photos that were taken when I was a minor under the illegal guardianship of my stepmom. Since those photos of me were taken by my stepmom who was not my legal guardian, I believe I have a right to them and... View More

Cheryl Powell
Cheryl Powell
answered on May 22, 2024

I think you would have to file a temporary restraining order and preliminary injunction to order her to remove them. But I think you also would have to add what harm they are doing to you. And put when the last time was that she put one up. Children don't have control of who takes care of them.

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2 Answers | Asked in Family Law for Illinois on
Q: Am I able to write a letter to the judge related to my family law case? I do have an attorney

Is it allowed / legal? Would the judge read it? I do not mind if this is shared with the attorneys/opposing counsel.

Michael F Roe
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answered on May 2, 2024

In Illinois, it's not appropriate or even advisable to write directly to the judge in your divorce case. Communication with the judge typically needs to go through formal channels, such as your lawyer or through legal filings. Judges that receive mail from litigants do not read the mail, and... View More

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1 Answer | Asked in Family Law for Illinois on
Q: I need to know if my situation is enough to call cps on my father, and I need to know if I can go through with my plan.

Im in a situation were I feel very unsafe in ym dad´s current home. Ever since he picked me up from my mom´s house my grades have been failing, I was admitted into a psych ward, I started substance abuse and my depression has skyrocketed since 2020. My dad did not have legal permission to keep me... View More

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2024

I don't believe so. This is a custody case, not a juvenile abuse and neglect case. You are saying what your behavior was, but using drugs is on you, your dad did not force you to use them. Your dad doesn't do your homework or take your tests, it sounds like he kidnapped you and mom... View More

3 Answers | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: if my parents are getting evicted and dont have somewhere to go but i do, do they have the right to make me homeless

my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation

Cheryl Powell
Cheryl Powell
answered on Mar 31, 2024

Yes. Until you are 18 your parents have control over you. They can decide you live at grandma's on the couch or floor, that all of you go to a homeless shelter or wherever it may be absent filth, bugs or feces.

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3 Answers | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: if my parents are getting evicted and dont have somewhere to go but i do, do they have the right to make me homeless

my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation

James L. Arrasmith
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answered on Apr 2, 2024

I'm sorry to hear about your family's difficult situation. This must be a very stressful and scary time for all of you. A few key points:

As a minor at age 17, your parents are still your legal guardians and generally have the right to make decisions about your living situation...
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3 Answers | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: if my parents are getting evicted and dont have somewhere to go but i do, do they have the right to make me homeless

my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation

Alan Harrison
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answered on Apr 1, 2024

Taking your question at face value, if your parents move in with your grandma but tell you that you can't move in with them, that is the kind of situation that would possibly cause the state to TPR, in which case you likely would be ordered to live with the closest adult relative who would... View More

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1 Answer | Asked in Divorce, Child Support and Family Law for Illinois on
Q: My lawyer did not show up in court a month ago like she said she would and I have been emailing and calling & no reply?

Court has been a 3 yr episode with my ex wanting private school fees along with my request to modify support due to being permanently laid off from my job. Does she have to send me something if she’s dropping me as a client?

Cheryl Powell
Cheryl Powell
answered on Mar 13, 2024

Normally, if a lawyer is dropping a client, usually for non payment of fees, a lawyer files a Motion to Withdraw, sends you a certified notice of the court date and you can show up to object or agree to her withdrawing. I suggest you get your papers together and go see another lawyer. If... View More

1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Illinois on
Q: My ex is threatening with charging me income tax for claiming my son. Can he do this?

I have been separated from my son’s father for over a year. Never married. No court order for parenting time or child support. He always claimed our son on income tax returns. This year I claimed our son. My son’s father had his W4 setup to claim 1 and is telling me he’s going to charge me... View More

James L. Arrasmith
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answered on Feb 28, 2024

In situations involving tax claims on dependents, the right to claim a child on a tax return typically depends on IRS rules concerning custodial and non-custodial parents. If you have provided the majority of the support for your son and he has lived with you for more than half of the year, you... View More

1 Answer | Asked in Real Estate Law and Family Law for Illinois on
Q: Can my brother-in-law’s aunts and uncles take away his home and property?

My brother-in-law bought a house from his grandma 4 years ago to avoid inheritance fees. Since then he has put $40k into the house and paid the property taxes. We have also bought the house/property to avoid losing it in his divorce (so it is in our name). He is not currently living there as there... View More

Cheryl Powell
Cheryl Powell
answered on Feb 26, 2024

Your grandma is still alive or there would be no inheritance fees. A lawyer should have been consulted. There is a 5 year look back period. If she goes into a nursing home within 5 years of selling or giving away property for less than fair market value she is penalized and yes, they can have a... View More

1 Answer | Asked in Cannabis & Marijuana Law, Family Law, Criminal Law and Civil Rights for Illinois on
Q: legal rights and guidelines to marijuana use pregnant women in 2024?
James L. Arrasmith
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answered on Feb 24, 2024

Here are some key legal rights and guidelines regarding marijuana use for pregnant women in 2024:

- Marijuana use remains federally illegal in the United States, regardless of pregnancy status. However, several states have legalized recreational or medical use for adults over 21. Laws vary...
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1 Answer | Asked in Civil Litigation, Civil Rights and Family Law for Illinois on
Q: can a school withhold a parent from picking up student during seperation if there is no court custody paperwork filed

wife and i was seperating but no agreement for custody had been filed with the courts. the address for the student was still listed as the common address on students records. they only went off what she told them but still denied me the right to pick him up

James L. Arrasmith
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answered on Feb 24, 2024

If there is no court custody paperwork filed, the school may not have legal grounds to withhold a parent from picking up their student during a separation. However, schools often prioritize the safety and well-being of the child, so they may request clarification or documentation from both parents... View More

2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: If I have primary joint custody and I get deployed can I appoint a temporary guardian. Could she get full custody

How likely would it be for her to take custody of him what should my next steps be to keep primary custody

T. Augustus Claus
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answered on Feb 15, 2024

In Illinois, if you have primary joint custody and face deployment, you may appoint a temporary guardian for your child during your absence through a power of attorney or court order, under the state's laws and military provisions. However, the other parent may attempt to modify custody... View More

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2 Answers | Asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois on
Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with... View More

Cheryl Powell
Cheryl Powell
answered on Feb 11, 2024

Are you talking about the Emergency hearing? If so, you put your witnesses on for the plenary hearing that tell the truth. You can subpoena neighbors of yours, his, bus drivers, teachers, your sister, etc. Should be easy to prove with school aged kids.

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