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Illinois Questions & Answers
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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2 Answers | Asked in Copyright and Intellectual Property for Illinois on
Q: Can I ask them not to use my photography if I was a contractor and the job exceeded scope and pay?

I was hired as a Marketing Coordinator in April. When I started, they stated they wanted social media graphics to promote bands, occasional visits to take videos of bands playing, a website redesign, and they wanted to get some photos of food. They paid a $400 flat fee a month. In June, I went in 3... View More

James L. Arrasmith
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answered on Jul 2, 2024

1. Copyright ownership:

Generally, the creator of a photograph owns the copyright to that image, unless it's considered a "work for hire" or there's a written agreement transferring the rights. As a contractor without a signed agreement, you likely retain the copyright...
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1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Legal Malpractice for Illinois on
Q: Does an attorney have to correspond and communicate with a third party non attorney?

If opposing counsel is pro se with a durable power of attorney instrument (which grants specific powers to the agent to explicitly handle, discuss, manage, and correspond on behalf of the principal) is the opposing attorney required to correspond with the POA the same as he would the principal?... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex legal question that touches on several areas of law and professional ethics. Let me break down the key points:

1. Generally, attorneys are not required to communicate with third parties who are not attorneys or their clients. However, there are exceptions.

2. When...
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2 Answers | Asked in Internet Law and Legal Malpractice for Illinois on
Q: Is it illegal to joke that I am “the unofficial lawyer” for a group of people online?

I do give legal advice, but it is nothing that is actually being taken to court, saying stuff like “doxxing is illegal under these laws”

James L. Arrasmith
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answered on Jun 29, 2024

Claiming to be a lawyer or providing legal services without proper licensure and credentials can potentially be problematic. Even if meant as a joke, it could be misinterpreted. There are laws in many jurisdictions against the unauthorized practice of law.

Some key points to consider:...
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2 Answers | Asked in Internet Law and Legal Malpractice for Illinois on
Q: Is it illegal to joke that I am “the unofficial lawyer” for a group of people online?

I do give legal advice, but it is nothing that is actually being taken to court, saying stuff like “doxxing is illegal under these laws”

Tim Akpinar
Tim Akpinar
answered on Jul 17, 2024

It's fairly clear to the average person that you mean it jokingly, but as my colleague suggests, it could be better to avoid saying such things. It could be safer to say something like, "This is the way I would interpret it, but it could best to check with a lawyer in Illinois ." Good luck

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2 Answers | Asked in Bankruptcy and Real Estate Law for Illinois on
Q: Can I transfer property to my parents if they filed for bankruptcy?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 23, 2024

Yes, you can, but be sure that their Order Discharge has been entered and that no appeal has been timely taken from that Order.

Also, ensure that the bankrupts will not inherit, or learn of imminent inheritance, within six months of the discharge.

The Bankruptcy provisions enabling...
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2 Answers | Asked in Bankruptcy and Real Estate Law for Illinois on
Q: Can I transfer property to my parents if they filed for bankruptcy?
James L. Arrasmith
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answered on Jun 26, 2024

This question raises some important legal concerns. Here's a concise response based on general principles, but please note that specific legal advice would require consulting a qualified attorney:

1. Timing is crucial: If your parents have already filed for bankruptcy, transferring...
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1 Answer | Asked in Traffic Tickets and Criminal Law for Illinois on
Q: 63 in a 35 have to appear in court

for a first offense what would likely be the punishment

Brandon K. Davis
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Brandon K. Davis
answered on Jun 23, 2024

Speeding 26-34 over is a Class B misdemeanor under Illinois law. This is a criminal offense, which is why you have a mandatory court appearance. An attorney can certainly assist and help ensure you receive the best possible result.

1 Answer | Asked in Social Security for Illinois on
Q: Ive rec. SSDI for 19 yr.I recently won a BITCOIN giveaway of over 200,000$ BTC.Can I accept wo effecting benefits

If I accept and pay tax I i understand I get the winnings with no change to monthly benefit or Medicare am I correct ? If its going to hurt my ssdi benefits or medicare in better not accepting. Any help is appreciated..

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're asking about how accepting a large Bitcoin giveaway might affect your Social Security Disability Insurance (SSDI) benefits and Medicare coverage. This is an important question, as large windfalls can potentially impact benefits. Here's what you need to know:

1....
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1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: My landlord has not returned my security deposit for more than 45 days now and did not provide me with any estimates.

The landlord has not provided me with any receipts or estimates. Upon reminding her that its been 45 days she says i owe her money instead and refused to give back security deposit. What do i do?

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, it appears you're dealing with a potential violation of Illinois landlord-tenant law regarding security deposits. Here's what you should know and consider doing:

1. Illinois Law:

In Chicago, landlords are required to return security...
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1 Answer | Asked in Medical Malpractice and Wrongful Death for Illinois on
Q: How can I find the information on a case for malpractice and wrongful death in Cook County Illinois

My grandmother died in a nursing home in Crete, Illinois, and I am trying to find the details of her case I am from Indiana and I don’t know how to navigate through Illinois quarts to find out exactly what type of court this happened in or the lawyer or the judges name that handled the case

Charles Candiano
Charles Candiano
answered on Jun 20, 2024

If a medical malpractice or wrongful death lawsuit was filed in Cook County Illinois, you can find it by following this link or pasting it into your browser: https://casesearch.cookcountyclerkofcourt.org/CivilCaseSearchAPI.aspx

Choose the Law Division and then search for your...
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1 Answer | Asked in Consumer Law, Banking, Business Law and Small Claims for Illinois on
Q: I disputed a transaction involving 2 charges with my credit card co. A credit was given for 1 charge but not the other.

This dispute involved the same set of facts and documents. Since it involved 2 charges, 2 separate reviewers were assigned to my dispute. One reviewer granted a permanent credit for 1 charge. The other reviewer closed the dispute for the 2nd charge without a credit and said I was responsible for... View More

Matthew McKenna
Matthew McKenna
answered on Jun 13, 2024

I would contact a consumer protection attorney that is familiar with the Truth in Lending Act. Depending on the circumstances, you may have a case and a consumer protection attorney will likely offer you a free consultation and may not charge you anything up front if there is a case to bring.

1 Answer | Asked in Domestic Violence for Illinois on
Q: I was granted a temporary order of protection against an ex. I live on Illinois. When will he be served?
Cheryl Powell
Cheryl Powell
answered on Jun 12, 2024

No idea. The sheriff of the county where he lives will serve him asap. If a legal advocate at a women's center or a lawyer helped you and you want him to be on notice sooner, you could have them call him for you and tell him. Make sure they get a phone bill to prove it to the judge. You... View More

1 Answer | Asked in Business Formation for Illinois on
Q: I'd like to start a small business in the form of a wellness center. What kind of ownership structure would I need?

The wellness center would focus on physical fitness and recovery but would also hope to drive a lot of community value by being very active with the locals in terms of volunteering and events. It would ideally be a holistic approach to serving the community as well as the members themselves. I want... View More

Jennifer Newton
Jennifer Newton
answered on Jun 12, 2024

Choosing the right ownership structure is crucial for both the success of your wellness center and your personal and financial interests. Here are a few options to consider:

Sole Proprietorship: As the sole owner, you would have complete control over the business. This structure is simple...
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1 Answer | Asked in Business Formation for Illinois on
Q: Can you please help me understand if my company requires foreign llc formation

-Business Owners/Cofounders: 3

-Business Nature: Online digital marketing agency offering online services, no physical locations, completely remote work

-Business Owner Locations: Florida, California, Ohio

Jennifer Newton
Jennifer Newton
answered on Jun 12, 2024

To better understand whether your company requires foreign LLC formation, we need to clarify what you mean by "foreign LLC." In general, a foreign LLC refers to an LLC that is registered to do business in a state other than the one in which it was originally formed.

Here are a few...
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2 Answers | Asked in Gov & Administrative Law for Illinois on
Q: my girlfriend got a letter in the mail for a standby jury duty in Illinois. She is a literate can’t read or write

For some reason she’s very nervous about it and she has anxiety issues. What is the best way to go about it to get her excuse from jury duty

James L. Arrasmith
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answered on Jun 15, 2024

If your girlfriend is feeling anxious about jury duty due to her literacy issues, the best approach is to address the situation directly with the court. First, help her write a letter or fill out any forms explaining her inability to read or write, as well as her anxiety issues. Include any... View More

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1 Answer | Asked in Social Security for Illinois on
Q: What kind of lawyer do i need that will help me go against social security for my now 2yr old in peoria over missing pay

She was born a preemie 12/1/21

James L. Arrasmith
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answered on Jun 8, 2024

Based on the information provided, it sounds like you need a lawyer who specializes in Social Security Disability claims to help you navigate the process of obtaining benefits for your child. Here are a few steps you can take:

1. Look for a Social Security Disability attorney: Search for...
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1 Answer | Asked in Business Formation and Cannabis & Marijuana Law for Illinois on
Q: Can a person start a small thc edibles business in Illinois?

Is it possible for a person to have a legal business similar to a cottage food license in Illinois for selling edibles containing THC?

Jennifer Newton
Jennifer Newton
answered on Jun 8, 2024

Starting a THC edibles business in Illinois requires obtaining an infuser license from the Illinois Department of Financial and Professional Regulation (IDFPR). THC edibles cannot be produced under a cottage food license due to stricter regulations. Compliance involves ensuring product testing,... View More

1 Answer | Asked in Probate for Illinois on
Q: I am going through probate and have opened a bank account. My lawyer wants to control the checkbook. Is that usual?

I am administrator. I am responsible for what goes in and out of the bank account.

Nina Whitehurst
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answered on Jun 8, 2024

The lawyer is doing that to help keep you out of trouble. It means one less thing you have to worry about. You should take your attorney up on that generous offer.

I myself am seriously thinking about implementing such a requirement in my own practice because too many clients do not want...
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