Lawyers, Answer Questions  & Get Points Log In
Illinois Family Law Questions & Answers
1 Answer | Asked in Family Law for Illinois on
Q: Who has the legal overruling decision?

Who has the legal ruling decision wen my mom and dad share a home that m dad owned before they married and my mom doesn't want me there but my dad said I'm allowed to be there. Legally can I be there?

James G. Ahlberg
James G. Ahlberg answered on Feb 12, 2020

Yes, you can legally be there.

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 Child Custody, Child Support and Family Law for Illinois on
Q: Is it possible to change my child’s last name to mine?

I would like to change my child’s last name to my last name. Their dad and I were never married, we don’t have any court order custody agreement, and he’s always been in and out of her life and not financially responsible. I was informed by him about 6 months ago that he has started the... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 23, 2020

It can be done through the courts, but you will be required to provide notice of the court proceeding to the child's father. Be prepared to show it is in the best interest of the child to change the name.

1 Answer | Asked in Family Law for Illinois on
Q: My daughter has two children ages 3 1/2 in 20 months The father has never paid or helped out at all since-the have born
Marilyn  Johnson
Marilyn Johnson answered on Jan 15, 2020

If you are not married to the father then you need to file a Petition to Determine the Father Child Relationship. Paternity will be established and then you can get a child support order entered. Parenting time and decision making will also be addressed by the court.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: I'm 22 of age my grandma raised me and was the one getting my child support

Can I be the one getting it now I'm of age and live on my own and have lived on my own since I was 17

James G. Ahlberg
James G. Ahlberg answered on Jan 13, 2020

You legally became an adult on your 18th birthday. Child support normally stops on the child's 18th birthday or graduation from high school, whichever is later. There are exceptions if you're disabled or if your parent has been ordered to contribute to your higher education (college, etc.).

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: My Court Ordered Child Support had a termination end date on 11-20-19 upon my son's Birthday. This court order was

Written and signed by the custodial parent and stamped and signed by the Kane County Court on 1-12-07. My job finally stopped child support payments on 12-26-19 after realizing they were in violation of the court order termination date. The custodial parent wants to take me back to court to... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Jan 12, 2020

You should not have to pay any backpay but the other party can file a Petition for Contribution for College Expenses. This can be done only the child is going to college. If he is working and not going to college, he is emancipated and you will not have to pay any more child support for him.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: In 2015 I was hurt at the job and I was unable to work while recovering from a surgery. During that time I was getting

Paid Thru workman compensation of a check of 60% of my previous salary. I had a child support order for $210 a week but due to the fact that I was hurt and no longer getting paid from the job those payments stopped. I paid my Kids mom $110 a week since I was injured because I was only getting 60%... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Jan 12, 2020

You cannot change the amount of child support owed without a court order modifying it. So even if your income was reduced, you still owe the child support per the court order. At the time of your injury, you should have petitioned the court to modify the child support order. The child's mother can... Read more »

2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for Illinois on
Q: My 12 yr old son told me he exchanged photos of his private parts w/ a girl his age on their phones. Do I need a lawyer?

My son deleted the pics but she shared his with someone at school - not sure how far it's gone. He doesn't even know why he did it, is ashamed, will never do it again but has been getting bullied. We talked to his therapist but she was only helpful for his mental health. I am not sure what... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 10, 2020

As a practical matter you don't need a lawyer until the police or the school gets actively involved in the situation.

In the meantime, think of all the TV dramas you've seen where someone is warned "You have the right to remain silent. Anything you say can and will be used against you."...
Read more »

View More Answers

1 Answer | Asked in Child Support, Family Law and Legal Malpractice for Illinois on
Q: Child support in Illinois: college student plus child with disabilities. My lawyer refused to do as I asked.

My ex and I originally compromised on our initial child support agreement. He offered a generous amount until the youngest of 4 kids was 18. I had always been stay at home mom. Because of his generosity (no calculations or % when it was still law), I did not seek maintenance. Then when oldest is... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 10, 2020

It is probably too late to seek maintenance, although you may have a very slim chance by arguing you and your ex were mistaken as to the facts involved when you made your choice. A judge can consider (and award) college expenses and can take into account the added expense of raising a disabled... Read more »

2 Answers | Asked in Family Law and Elder Law for Illinois on
Q: dementia diagnosis and guardianship

My grandma is 89 she has symptoms of dementia to my knowledge she has not been formally diagnosed by her physician her physician will not speak to me because he does not have a release to do so anytime anyone tries to help my grandma with anything she gets irate and violent she does not have a... Read more »

Stephanie Sexauer
Stephanie Sexauer answered on Jan 8, 2020

I'm so sorry to hear of what's been going on.

You're right that this sounds like a guardianship issue. You should contact an estate or guardianship attorney in or near your town, as soon as you can, to get the process started.

I hope for the best for you all!

View More Answers

2 Answers | Asked in Family Law, Adoption, Child Custody and Domestic Violence for Illinois on
Q: How do I terminate a guardianship from Illinois? My daughter's guardians have taken my daughter with no contact.

Her legal guardians have taken my daughter from me, filed an emergency motion in Illinois stating to the Judge that they are deciding who speaks/ sees to her, and that they would deny any contact from both parents. My ex (her father) was released from jail with 2 counts of continuous family... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 6, 2020

Sounds like there was a case pending in Illinois. If there is an order there contact an attorney in that county in that state. Good luck!

View More Answers

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Legal Malpractice for Illinois on
Q: So I went from 50/50 custody to 3 days a month! I filed motions and judge laughed and told me I'm no lawyer.

I dont have extra money for lawyer. The court system has laughed at me and told me I'm no good for my son and without a license I cant properly raise our son. I need help pro bono. Our son needs me like he needs his mother. His mom dont work. Refuses to, and judge put in order that I'm not aloud to... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Jan 3, 2020

There are attorneys that offer paid coaching and drafting services.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: I need a attorney that is willing to travel to watseka Il . Thee is a custody order in place for 3 yrs I just filed
Evan S. Sloan
Evan S. Sloan answered on Jan 2, 2020

It sounds like you're having a custody issue. I would contact a family law attorney in your area and further discuss your situation with them.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: State of Illinois, is it a conflict of interest to have my ex-wife be represented by her current boss?

My ex-wife is employed by a ligation and personal injury attorney in the state of Missouri. He represents her at no charge in the state of Illinois where our case has been initiated. Is it a conflict of interest for him to represent her?

James G. Ahlberg
James G. Ahlberg answered on Jan 2, 2020

If he was your boss it would be a conflict of interest. If he's her boss it is not.

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.

View More Answers

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: What is going to happen next?

My ex has been alienating me from my son since he was a year old. Telling him to call me "Uncle". She told me I can be his father when she gets child support. Any visitation I had with him, she felt the need to supervise personally and I was only able to visit with him for 2 hour increments every 3... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 17, 2019

You'll need to have a lawyer see the papers the sheriff served on before he or she can tell you what they are and what you should do about them. The lawyer can also give you advice about your rights to see your son and whether or not your ex could legally take him to Florida. A lawyer needs lots... Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Owed 10k in back child support, state is involved. He has quit 3 jobs in 6 months. What can i do. My son is 24 years old

We have been going back and forth to court several times, he does not follow the orders and once the state takes the money out of his check a few times he quits the job. I have pictures that show he is doing roofing jobs, he also owns several expensive cars he is selling. What can I do to help get... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 16, 2019

If doing it on your own hasn't worked, hire an attorney to file a Petition for Rule to Show Cause. This asks the court to hold your ex in contempt. If you win, the court has to order your ex to pay your attorney fees in Illinois. If it was me, I'd be asking the court to have him sign over the title... Read more »

2 Answers | Asked in Domestic Violence and Family Law for Illinois on
Q: If relocating due to an abusive partner, should I tell my abuser if we share a child? If so, when and how?

I reside in the state of Illinois and I am a victim of domestic violence (emotional, physical and verbal). My abuser is my child's father. Four days ago, I finally gained the courage to file a police report against the father of my child after he assaulted me once more in front of my infant child -... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 14, 2019

You need more advice than an attorney can adequately provide without an in-person interview. Please, for the sake of yourself and your child, make an appointment with a family law lawyer. He or she ask the questions needed to give you advice. If you don't know who to call, contact a local shelter... Read more »

View More Answers

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: RELOCATION

IF THE FATHER HAS NOT MADE CHILD SUPPORT PAYMENTS OR SEEN THE KIDS IN OVER A YEAR CAN I RELOCATE IF I HAVE AN EVICTION NOTICE CAN I LEAVE STATE WITH EXTENDED FAMILY ?

James G. Ahlberg
James G. Ahlberg answered on Dec 9, 2019

Not without a court order giving you permission. It's more complicated than it sounds -- don't try to do it without a lawyer's help. While you're in court you should consider asking the judge to hold your ex in contempt for not paying child support.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Is there anything I can do if my daughter's step mom is blocking communication between the father and I?

She continues to try to speak for him and will take it as far as acting as she is him in text messages from his phone. I have expressed I would prefer that our conversations are phone calls so I know I am relying information to the right parent, but have recently received a text message from her... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Nov 25, 2019

You need to file a petition with the court requesting that the father only communicate with you and not through third parties. Also, the court can determine the method of communication between you and the father and require him to always inform you of the location of your daughter.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.