Illinois Family Law Questions & Answers

Q: I want to change my 1year old son last name can I do without asking the father

1 Answer | Asked in Family Law for Illinois on
Answered on Apr 20, 2019
Cheryl Powell's answer
He gets served and decides whether to respond or not.

Q: I received a subpoena, regular mail to testify. Will I get in trouble if I dont go, since they cant prove I got this?

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Illinois on
Answered on Apr 19, 2019
James G. Ahlberg's answer
If you received the subpoena and a check for witness fees and mileage, you must go. If there no check was enclosed with the subpoena, you must either go or have an attorney appear on your behalf to ask that the subpoena be quashed for failure to pay the witness fee.

Q: Can a minor in Illinois own property?

1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Answered on Apr 18, 2019
James G. Ahlberg's answer
In a legal sense, no, particularly in the sense of a vehicle or other item requiring an actual title. If a minor was left property in a will it is typically held for the minor's benefit by someone appointed by the court as a guardian of their estate for that purpose, for example.

Q: Can I go get my son?

1 Answer | Asked in Family Law and Child Custody for Illinois on
Answered on Apr 12, 2019
James G. Ahlberg's answer
You best bet is to file a paternity action to get an order declaring you to be the boy's father. Once you have that you're on much more solid footing when you go to claim your son. In this situation it's cheaper and easier to get things straightened up at the outset rather than trying to fix up a mess afterward.

Q: Divorce/Child Support !read the more information!

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Answered on Apr 9, 2019
Ray Choudhry's answer
He needs to take a look at his divorce judgment to see how much and how he is to pay the child support.

If he was to pay it through the court and isn't doing it, he may be building up an arrearage.

Child support and visitation are treated as two separate issues.

Q: My father died without a will. His wife is selling their home. Are his children entitled to any profit from the sale?

2 Answers | Asked in Civil Litigation, Family Law, Real Estate Law and Probate for Illinois on
Answered on Apr 9, 2019
Drew Ball's answer
Illinois statutes contain “Intestacy Laws” that determine who receives a deceased person’s assets in the absence of a valid will. These laws apply only to probate property; as a review, probate property must be distributed by the court and include assets which are owned solely by the deceased individual and which has no designated beneficiary.

In Illinois, the relevant intestate laws applicable to your father and you seems to be as follows:

-Deceased person is survived...

Q: Can we obtain a modified order based on birth of new children?

1 Answer | Asked in Family Law for Illinois on
Answered on Apr 8, 2019
Ray Choudhry's answer
As long as the court order says he is the father and is not changed, he has to pay child support for her.

Use this Illinois child support estimator to see how much the child support could be:

https://cscwebext.hfs.illinois.gov/CscWebEx/app/estimator?execution=e1s1

Q: My son's baby's mother is trying to move out of state with him my son does not one his son to go what does he have to do

1 Answer | Asked in Family Law and Child Custody for Illinois on
Answered on Apr 3, 2019
Marilyn Johnson's answer
Your son needs to immediately file a petition with the court to establish his paternity. He also needs to obtain a restraining order prohibiting the mother from leaving the state so that the matter is litigated in Illinois.

Q: Can dcfs prevent me from moving?

1 Answer | Asked in Family Law for Illinois on
Answered on Apr 3, 2019
Marilyn Johnson's answer
You most definitely should not leave the state until the matter is resolved in court. If your boyfriend is abusive you should probably file a Petition for Order of Protection.

Q: I have a confusing situation and a few questions to ask.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Answered on Apr 3, 2019
Marilyn Johnson's answer
Yes, your former husband can get a withholding order for child support and serve it on your employer. You should appear in court on each and every court if you do not have an attorney. You should inform the court of your situation with your children as it can effect the child support amount. You certainly do not have to cook for your former husband or do errands for him as this will not effect the amount of child support that you may be ordered to pay.

Q: I have a question about dcfs and my case with them.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Answered on Mar 22, 2019
Cheryl Powell's answer
Tell ur lawyer, gal and the judge.

Q: My wife dissipated her 401k, and the divorce is now finalized. Can I still file a dissipation claim?

3 Answers | Asked in Family Law for Illinois on
Answered on Mar 19, 2019
Ray Choudhry's answer
There are strict rules about claiming dissipation.

It has to be done in a particular way and in a timely manner.

Motion in limine is used to prevent certain testimony in court.

Looks like you did not raise the dissipation issue properly and the other attorney was able to prevent you from bringing it up in court.

If the motion was granted, you could have mentioned it repeatedly and the judge would have ignored you.

Q: Is a father's son's wife's (all dead) brother allowed to probate father's house when he has a living brother - no wills?

1 Answer | Asked in Family Law and Probate for Illinois on
Answered on Mar 18, 2019
Ray Choudhry's answer
What do you mean had a deed to his house in his son's Len (died) name.

If Norman put the house in his son's name, it is the son's house and Norman has nothing more to do with it.

When the son died, it goes to the son's heirs.

Assuming he had no children, it goes to his widow.

After the widow died, her estate goes to her children and if none to her parents and brothers and sisters.

Q: is the admission of parentage only admissible when it is said during a proceeding to adjudicate parentage?

1 Answer | Asked in Family Law for Illinois on
Answered on Mar 17, 2019
Ray Choudhry's answer
There are a lot of whereases to your question.

Please explain if there have been any other proceedings, such a child support.

Also, did the parties sign voluntary acknowledgment of paternity at birth.

Q: Who can be a witness who signs that the information you provided about yourself is correct?

1 Answer | Asked in Family Law for Illinois on
Answered on Mar 13, 2019
James G. Ahlberg's answer
Anyone 18 years or older who is of sound mind can serve as the witness, as long as they personally know that the facts you are alleging are true. It can be a relative.

Q: I need to change the executor of my will, legal guardian and health care.

2 Answers | Asked in Family Law and Health Care Law for Illinois on
Answered on Mar 8, 2019
Ray Choudhry's answer
These are legal documents that need to be properly drafted.

You probably need a will and powers of attorney for health care and property.

Q: My boyfriend's ex-girlfriend refuses to move out of his house. There is no lease and he is the owner. How do we evict?

1 Answer | Asked in Divorce, Family Law and Landlord - Tenant for Illinois on
Answered on Mar 3, 2019
Ray Choudhry's answer
Sometimes police presence results in the person leaving.

Otherwise, she has a month to month rental and has to be given a 30 notice to terminate the rental followed by an eviction proceeding.

If a person doesn't pay rent, you can use a five day notice to pay up before starting the eviction.

Q: I won custody case and I am still paying child support because she has not responded since Sept 18'. How do I stop pay?

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Answered on Feb 24, 2019
Marilyn Johnson's answer
You need to file a Petition to Terminate Child Support. This should have been included in your Petition to Modify Custody.

Q: Can I claim child tax credits for 2018 if ex-spouse died?

1 Answer | Asked in Tax Law, Divorce, Family Law and Probate for Illinois on
Answered on Feb 24, 2019
Marilyn Johnson's answer
You are bound by the terms of your Marital Settlement Agreement.

Q: Mt ex filed for child support ok cool but says I can’t be dad bc he has one already I live in Illinois them in Missouri

2 Answers | Asked in Family Law for Illinois on
Answered on Feb 24, 2019
Ray Choudhry's answer
If she filed for child support, that means there is already a paternity case or she just filed one.

You don't pay child support until you are first established as the father.

You need to file a request for the court to enter a parenting plan in which will establish your and the mother's rights with respect to involvement with the child.

Click the parenting plan (4th on list) to see what it looks like: https://midamericalawoffice.com/divorce-forms/

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