Illinois Family Law Questions & Answers

Q: Can I sue for lost wages for providing primary care for a child that is not mine, biologically or legally?

1 Answer | Asked in Divorce, Employment Law and Family Law for Illinois on
Answered on Feb 19, 2019
Ray Choudhry's answer
To get wages, you have to be employed by someone with an agreed wage and conditions of employment.

Q: What rights do I have to accounts that were accrued during my six year marriage if my name isn't on anything.

1 Answer | Asked in Family Law for Illinois on
Answered on Feb 18, 2019
Ray Choudhry's answer
First, in the event of a divorce, you will have a right to see all of this financial information.

In Illinois, he and you will have to file financial affidavits which list and describe all assets and liabilities.

In addition, you have a right to discovery which can include getting information directly from the financial institutions and having him answer interrogatories and produce documents. Also, he can be deposed.

The usual rule is that everything accumulated during...

Q: I was under-age when I got pregnant, I am 18 now, if I took the father to court for child support, what would happen?

2 Answers | Asked in Family Law for Illinois on
Answered on Feb 12, 2019
Ray Choudhry's answer
While you were underage, your parents had to act on your behalf.

Now you can file court proceedings yourself.

It's called a Parentage Petition.

The judge will decide on a parenting plan and amount of child support.

There may a child support recovery office close to where you live.

They are supposed to help people recover child support free of charge.

Q: My husband and I want to move to Texas to better our situation but, sons father owes 3,000 childsupport, can I take him?

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Answered on Feb 8, 2019
James G. Ahlberg's answer
You need permission from the court to move your child out-of-state. There are a number of legal hoops to jump through and numerous things the judge needs to consider. Contact an attorney to get this done -- it is not something most people will succeed in doing on their own.

Q: My husbands ex will not allow his visitation per the court order. We live out of state and child not allowed in our car.

1 Answer | Asked in Family Law for Illinois on
Answered on Feb 8, 2019
Ray Choudhry's answer
What does the parenting plan say.

If she is in violation, then a contempt case can be filed.

He can also, file a petition to amend the parenting plan to give the extended week or 2 weeks visits because of the distance.

On this page, click the parenting plan to see what it looks like: https://midamericalawoffice.com/divorce-forms/

Q: is will prior to marriage still valid if not changed afterwards?

1 Answer | Asked in Family Law for Illinois on
Answered on Feb 4, 2019
Ray Choudhry's answer
Under Illinois Law, a widow or widower has rights.

These include one-third of the estate no matter what the will said.

One of the reasons to enter into a pre-nuptial agreement if for the parties to give up that right.

In addition, there is a right to a spouse's award. At the present time it is $20,000.00.

There are various other wrinkles.

Q: is there a way to find out what motion was filed against you?

1 Answer | Asked in Family Law for Illinois on
Answered on Jan 31, 2019
Ray Choudhry's answer
If you know the case number, contact the clerk of court for a copy.

Q: I have a 15 year old child support case with my ex. She's not made a payment in over 3 years. Can I ask for jail time?

1 Answer | Asked in Family Law and Child Support for Illinois on
Answered on Jan 31, 2019
James G. Ahlberg's answer
Your attorney should file a Petition for Adjudication of Civil Contempt. This should result in an order to your ex to prove why she shouldn't be held in contempt of court for not paying support when it was due. A possible consequence of her being found in contempt is that she will receive a jail sentence, typically lasting until she pays a particular portion (or all) of the amount due.

Q: Will I need to contact the biological father to get my daughter’s last name changed?

1 Answer | Asked in Family Law for Illinois on
Answered on Jan 26, 2019
Ray Choudhry's answer
Reasonable notice and opportunity to be heard has to given to the parents unless their parental rights have been terminated

Q: How to Revoking POA and guardianship for my elderly parent, with complications due to doctors letter?

1 Answer | Asked in Family Law for Illinois on
Answered on Jan 23, 2019
James G. Ahlberg's answer
Make an appointment with an attorney in your area. Bring every scrap of paper (really, EVERY scrap of paper) you have dealing with this situation to the first appointment so he or she can get a full picture of the situation. If you have proof your sister is making bad financial decisions, bring it too.

Q: Specifically, if I've never reported his extensive abuse, it's not well documented, is it still important to bring up?

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Illinois on
Answered on Jan 22, 2019
Marilyn Johnson's answer
You absolutely should present to the court any and all incidents of abuse even if they have been previously unreported and undocumented. The court will then weigh the presented evidence and rule accordingly.

Q: How to get out of supervised visits when the GAL is biased and can be proven we keep getting moved around to different

2 Answers | Asked in Family Law for Illinois on
Answered on Jan 20, 2019
Ray Choudhry's answer
If a person does not follow a court order, the procedure is to file a contempt case against him or her.

Q: My step children were taken away from their mother by DCFS. The mother has not stopped the child support what do we do?

2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Answered on Jan 17, 2019
Ray Choudhry's answer
You need to go to court to get a revised parenting plan and ask that child support stop.

You might even be entitled to collect child support from her.

Q: I am living at my grandams my cousin also lives there .....we got into an argument and i left for the weekend and came

2 Answers | Asked in Criminal Law and Family Law for Illinois on
Answered on Jan 17, 2019
Ray Choudhry's answer
You can sue her for damage to your property.

You could try to get an order of protection against her.

Grandma can go to court to evict her.

All of this involves going to court.

Q: I've paid child support for years but haven't seen son in 6 years. Can I have child support stopped

1 Answer | Asked in Family Law and Child Support for Illinois on
Answered on Jan 17, 2019
Ray Choudhry's answer
Child Support and Parenting Plans are two different things.

If you want to see the child, you should request it by filing the proper forms.

Q: Can my husband with Alzheimers sign a document with an X if he is with anotary. HE IS COMPETENT

1 Answer | Asked in Family Law and Elder Law for Illinois on
Answered on Jan 10, 2019
Richard Winblad's answer
Check in your jurisdiction. In Oklahoma a person who cannot sign a POA may instruct another to do so on his/her behalf if done with proper witnesses.

Q: Enforcing a Judges 1 year no contact No stalking order

1 Answer | Asked in Family Law for Illinois on
Answered on Jan 8, 2019
James G. Ahlberg's answer
If the police and the state's attorney aren't helping, you're going to have to hire a lawyer to help you.

Q: Can my husband signadocumentwith an X if he cannot sign his full name

1 Answer | Asked in Family Law and Elder Law for Illinois on
Answered on Jan 2, 2019
James G. Ahlberg's answer
Your question doesn't make sense, at least to me. If he has Alzheimer's (a disease of affecting mental abilities) the odds are very high that he is not mentally competent to sign anything, either with an X or otherwise. His treating doctor needs to make a determination that your husband is of sound mind -- which typically means he doesn't have Alzheimer's. If he is of sound mind in the doctor's opinion, but is physically unable to sign his name as the result of a different medical condition...

Q: Can you smoke cigarettes under guardianship in Iowa?

1 Answer | Asked in Family Law for Illinois on
Answered on Dec 27, 2018
James G. Ahlberg's answer
This is a question you should ask lawyers licensed to practice in Iowa rather than Illinois.

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