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Illinois Family Law Questions & Answers
1 Answer | Asked in Family Law for Illinois on
Q: My mom bought me a car for my 16th birthday and my dad doesn't want me driving the car to his house, school

or my sister to volleyball can he stop me?

My dad won't go into details but stated that there is an agreement with mom and that would need to be changed first.

Cheryl Powell
Cheryl Powell answered on Aug 2, 2020

You need to have a family meeting with your mom, dad and sister. Confront your mom in the presence of your dad about this so called agreement and see if it can be resolved. The bottom line is you are not going to be able to drive the car when you are on dad's time without dad's... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: Will my estranged wife automatically be priviledge to 1/2 my WC settlement in the marriage settlement?

I have been married to my spouse for several years in Illinois. Then in 2018 I had an accident at work and immediately started a Worker's Compensation case. In 2019 my wife and I separated. We were tryng to go through mediation, but appears to have failed. Will my estranged wife... Read more »

Cheryl Powell
Cheryl Powell answered on Aug 1, 2020

Not 50% generally, but 35ish. Maybe more, maybe less. Who makes more $ now. Can you work? There is an issue of a maintenance claim due to such a long marriage. Maintenance factors are at 750 ilcs 5/504.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: 2 different versions of a Joint Parenting Agreement. One has the courts stamp on it with the date and case number,

and the other does not. How do I know which one is on file and approved by the court. Divorce was 5 years ago but now I'm looking at one version and my ex is looking at the other version. There are big differences between them.

James G. Ahlberg
James G. Ahlberg answered on Jul 30, 2020

If one copy is stamped "Filed" by the appropriate Circuit Court Clerk, it's a pretty safe bet it's the one that is in force (unless there has been a modified one filed later). The unstamped copy is probably a rough draft copy exchanged between the attorneys when they were trying... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Illinois on
Q: if a 40 year old man impregnated a 13 year old and she gave birth to that baby and no one else knows what would happen?

The man (40) is the child’s (13) mother’s boyfriend (my father)

Cheryl Powell
Cheryl Powell answered on Jul 30, 2020

No one else knows??? The baby will be born in a hospital. Everyone will know. It will be questioned. The mother is probably on a medicaid card.

1 Answer | Asked in Family Law for Illinois on
Q: A requirement for emancipation calls for proof of living outside of the guardian household; but it requires permission?

I can't live with a friend/other family member without the consent of my guardians, but being able to prove that you've lived outside of the guardian household is a requirement for becoming emancipated. How am I supposed to leave the house without being considered a runaway, or risking... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 30, 2020

That is exactly the point. Emancipation just finalizes a situation that has already been allowed to stand bybthe parents. As a result, very few people qualify for emancipation.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: My daughters mother will not let me see my child unless I pay her. We have no court order and she wouldn’t let me sign

The birth certificate. Does she have a right to keep my child away from me? She won’t even let me speak to her on the phone. I don’t have a lot of money. What’s my best course of action, for getting custody/visitation, and getting my name on the birth certificate. I live in Will County, Illinois.

Cheryl Powell
Cheryl Powell answered on Jul 28, 2020

You need to file a parentage action in Will County. First you have to establish that you are the father, before you have any right to custody or visitation, now called parenting rights and responsibilities. So yes, until you are established, she has the right to keep your child away from you.... Read more »

2 Answers | Asked in Family Law, Divorce, Child Custody and Domestic Violence for Illinois on
Q: Mentally unstable wife takes children from father at 4am and is now refusing to let him see them.

-She has a record of being hospitalized.

-when she left, she took the kids, took things, broke things, and had guys with her that hit Husband with the car.

-the kids are 1 yo and 2 yo. They were off of formula and now she's put them back on it. They're at her... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 28, 2020

If the father has filed for divorce, he should have his own lawyer. He needs to talk to his lawyer asap. He may also need a lawyer in MI now.

In addition, if the children were present when the mother had someone try to run the father over, dcfs should have been contacted. Also dcfs in mi...
Read more »

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1 Answer | Asked in Family Law for Illinois on
Q: What is considered harassment when it comes to messages from an ex?

My ex and I have an agreement to use a message app to communicate regarding our children. My ex wants to fight in most of the messages so I won't reply immediately. In a recent message, I replied that I needed to speak to my attorney before responding any further on matters of the subject.... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 26, 2020

It really depends on the nature of the problem and whether or not it is time sensitive. If you told her you wanted to talk to your attorney a week ago and you still have not, then that is a problem with you. If you told her that on Friday and she has been bothering you about it all weekend,... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: What is considered "the last full week prior to the start of school"?

In our parental order we have a school schedule of 2-2-5-5 for one child and a 7-7 for another child. The diagram shows week 1 Sun to Sat and week 2 Sun to Sat. We started this new schedule on a Sunday for the 2019 school year. There is no verbiage that states it starts on a Sunday, just a diagram... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 26, 2020

I would interpret that as the week starting on Sunday. That is how we write our agreements here.

1 Answer | Asked in Family Law for Illinois on
Q: How would I go about getting Child Support Interest reduced or completely deleted? The current Principal is Zero.

Current Interest due is about 11K - Principal is $0.00

Cheryl Powell
Cheryl Powell answered on Jul 26, 2020

That will only happen by agreement. The court cannot order it. Usually an offer of a lump sum is made so she gets it all now instead of having to wait years. Like maybe $5500 within 30 days instead.

1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: serving a filed motion

If a person files a motion pro se to suspend parenting time, are they obligated to serve the opposing party? What if the opposing party doesn’t find out about the motion until after the order has been granted?

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

Proper service of the Motion MUST be given to the opposing party. It is unlikely that the judge would enter an Order without evidence of the necessary Notice that should have been given. If an Order does get entered, and the other party doesn't find out about it until afterwards, he or she can... Read more »

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: Do my husband have to pay back pay even after paying child support since divorce.

If my husband has been paying child support for both his kids since he divorced his ex wife and has never missed a payment and also sent extra money when needed, mind you this is just a set amount they both agreed on. Now since he married me she’s trying to get back child support from when they... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

I am not sure what he has paid vs. What he should have paid vs. What the court order says. If there is already a court order and she wants some child support from prior to the entry of that court order, i am not sure she can do that. The better course is to bring all of your papers to a family... Read more »

3 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Can my income (I'm the stepmom) cause my husbands child support to increase? Can we file for every other weekend ?

My husband pays his child support in time and doesn't own any back pay. But the children's mother demands more money from him, since we just got married last year. We have a 5 month old baby together and he has 4 kids with his ex (they were never married). But now he has another... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

Yes, a spouse's income is related to the standard of living that the child would have enjoyed had the marriage remained intact. The father has more money to contribute. More money is available to him, he can have nicer things because he married and has a 2 income family.

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2 Answers | Asked in Family Law for Illinois on
Q: Do I need to notify the court that I no longer have an attorney representing me?

I don't have an open case currently. I have attempted by email and phone to get in touch with my attorney and no response. I was wondering if I needed to notify the court that I no longer have an attorney or wait until I find a new one.

George W. Svoboda
George W. Svoboda answered on Jul 24, 2020

If your case isn't open, then the court won't be interested that you aren't represented by an attorney. Do you have a representation agreement with the attorney you are trying to reach? If so, it is not ethical for him or her to ignore you even if the matter they handled for you in... Read more »

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2 Answers | Asked in Family Law for Illinois on
Q: What are my options with my ex who is high conflict and not communicating care necessitates when our

children are dropped off? In our parental order we are to notify the other parent at transfer of medication or any other care requirements so the other house can assist with continuing such care. My ex sometimes will tell me if there are such requirements and other times I find out from the... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 24, 2020

Keep a diary. Dates, times, who, what, where, when, why.

Keep text messages.

Write everything. Email or text and keep records. Pics if med probs.

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1 Answer | Asked in Family Law for Illinois on
Q: Can my parents dictate where I go to college if I'm still 17?

(Parents are divorced) I want to attend a college out of state but my mom is refusing to allow me to go. My father is okay with me attending an out of state college.

I was told if we don't agree (the three of us) then we go to mediation. What will mediation be like then? Can I request... Read more »

George W. Svoboda
George W. Svoboda answered on Jul 23, 2020

Unfortunately, while you are 17, you can't make the decision on your own. However, once you are 18, you can do whatever you want (as long as you can afford it). You don't need your parents permission to apply out of state, but your mom may not pay your application fee. If you can get a... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Our parental order states that w must respond to all requests within 48 hours. My ex sent a message that stated the date

school starts and when the school schedule starts(parental school schedule). Our school schedule is outlined in our court order so I didn't see the message as a request but a failure on my exs part to read the order, based off past messages. This is the message: " x's school starts... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 22, 2020

Let's just speak English and talk about the dispute.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: I need to find a pro bono attorney for a grandmother/grandson custody issue in Iroquois Co. IL.

My grandson has been with me for 16 years, (that is his age as well). His father is out of the picture. His birth mother, in another county has began seeing him more over this summer. She now wants him to live there. She has not given one dime in child support, or done anything to help with him in... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 21, 2020

Contact Prairie State Legal Services and see if they are willing to help you.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: How hard would it be to get shared custody ?

my first partner and I had a child and we broke up and I never saw the kid again. She told me to at say away so I did.

I got with my second partner and had 2 kids. She now won't let me see them. I want to get shared custody. I am better now days, I got married and staying out of... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 21, 2020

If you want shared with any of your children, the first one included, you should hire a lawyer to file cases so you can at least get started with visitation of them. You are not precluded from visiting any of your children because you have not seen them in the past or because you served jail time... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: I have a court order for visitation to see my son. I am being denied due to covid

I am being denied because the custodial grandmother is immuno compromised due to cancer and chemo.

Cheryl Powell
Cheryl Powell answered on Jul 21, 2020

You should take all of your papers to a lawyer. Hopefully, you are at least getting facetime or some equivalent and telephone calls with your son in the interim. Please share all relevant details with the lawyer at your consultation.

These cases are going to be difficult ones.

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