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Illinois Family Law Questions & Answers
2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Q: Will my ex changing attorneys slow down a divorce agreement modification petition?

Illinois. 3 year old divorce agreement, seeking modification due to extreme change in circumstances, (massive income loss due to Covid19). My ex is going to hire a "more aggressive attorney". I currently pay her several hundred dollars a month MORE than what my income is.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Sep 14, 2020

The court has the discretion to make your new support obligation retroactive to the date that you filed your Petition to Modify. If the court does so, then any time lost because of a new attorney would not be an issue.

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1 Answer | Asked in Family Law for Illinois on
Q: Temp visitation judge did not mention my ex could bring his gf who they both were mentally emotionally abusing me when

Pregnant. He states the order was unrestricted visitation meaning he can have a witness himself. My son he’s seen three times and he’s a stranger to him. My son also has severe separation anxiety diagnosed. So one person will put him over let alone two. The order is not in yet as our attorneys... Read more »

Cheryl Powell
Cheryl Powell answered on Sep 11, 2020

Your qyestion is confusing. Is it right for you to say no to what? I cannot tell if you litigated it and the judge ruled or if this was an afterthought.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My ex is telling me that I'm not allowed to provide health, dental, vision insurance per our court order.

Our court order doesn't contain information on insurance. I've carried secondary insurance on our children since 2015 and prior I was primary. Midway into 2015, my ex wanted their spouse as primary due to "better" insurance. That order was voided with the 2019 order. My ex has... Read more »

Cheryl Powell
Cheryl Powell answered on Sep 10, 2020

How about getting a copy of your Order and reading it? In 32 years I have never seen an Order prohibiting anyone from providing insurance for their child, although I bet there is one out there and an explanation about insurance companies is included. Generally speaking, if a spouse who is not... Read more »

1 Answer | Asked in Family Law and Arbitration / Mediation Law for Illinois on
Q: is it possible to fix a temporary closed case from 8 years ago?
Cheryl Powell
Cheryl Powell answered on Sep 10, 2020

If by fix you mean change or modify, yes.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My daughter who is an adult has custody of my son who is a minor and I want visitation with him.

I call and text my daughter and she says to make arrangements with my son and I get hardly any reply from him.

Cheryl Powell
Cheryl Powell answered on Sep 8, 2020

You need to file a petition for parenting time or hire a lawyer who will.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: if the parents were never married and theres no court order but he's on the birth certificate who makes major decisions?

I recently told the kids father that now that school is starting back they need to be home during the week for school and tutoring and he can spend time every weekend. Well he doesnt agree with my decision and I fear he wont bring them home because of my decision. Never been to court for anything... Read more »

David Nachman Byer
David Nachman Byer answered on Aug 30, 2020

If your former partner is on the birth certificate he is legally presumed in the absence of a challenge to be the child’s father. You both have a theoretical right of equal status to choose how to parent (such as deciding what times the child will be with which of you and the making of any... Read more »

1 Answer | Asked in Criminal Law and Family Law for Illinois on
Q: Is it child endangerment if the mother has Covid and the grandparents are high-risk and refuse help from the father?

My son's mother tested positive for Covid and went into quarantine. They live with her parents, who are both high-risk for Covid complications. I repeatedly offered to take care of my son, but was refused. Is this child endangerment because my son was at risk of not having anyone to take care... Read more »

Cheryl Powell
Cheryl Powell answered on Aug 29, 2020

No. My understanding from the medical professionals is that when a parent is told to go into quarantine, they are told their child has to go into quarantine with them, as the child has already been exposed.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Mother moves child to another state without my permission and a court order

What do I do if my child's mother takes my child to move to another state without my permission and a court order and I’m paying child support?

Cheryl Powell
Cheryl Powell answered on Aug 28, 2020

You will need to hire a lawyer to have her brought back to court. Hopefully, you know where she is to have her served.

1 Answer | Asked in Divorce, Family Law and Immigration Law for Illinois on
Q: how can I report it effectively ? to make sure govt. takes an action

soon to be ex-wife .. trapped me into marriage and now we have a kid /// But it has been confirmed that she only married to get a green card ... How could I a US Citizen get some justice here .. she is still on student visa and her sister and brother in law are on employer provided green cards ..... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 25, 2020

Follow your attorney's advice. The tip line will work. This can get complicated, and your attorney is looking out for your best interest.

1 Answer | Asked in Family Law for Illinois on
Q: Whats the right way to tell your parents you want to move out, without breaking them?
Cheryl Powell
Cheryl Powell answered on Aug 24, 2020

Plain English works the best. Fyi, this is a forum for lawyers, not counselors. Assuming that you are 18 or over, your question is not a legal one, it is an emotional one.

1 Answer | Asked in Family Law and Adoption for Illinois on
Q: Can I get my daughter's custody back? I gave up my parental rights when she was 1 to my parents. They agreed to annul.

Her biological father was deemed unfit. I have a full time job and financially stable. I do still live at home with them but in the process of finding my own place. The adoption took place 8yrs ago. It was an adoption case.

Tracey A. Hower
Tracey A. Hower answered on Aug 20, 2020

Was it an adoption or guardianship case?

3 Answers | Asked in Elder Law and Family Law for Illinois on
Q: My father has accused my husband of elderly abuse, neglect & financial exploitation. Will i be dragged into this?

My husband and i are seperated but still married. We were together when the majority of this allegedly occurred. Will i end up having to go into court for any reason? Also, currently there's just an order of protection out on my husband with the first hearing coming up. What happens if my... Read more »

Cheryl Powell
Cheryl Powell answered on Aug 20, 2020

You most certainly could go to court on either side...to prove that your husband did any of the things that he is accused of or to prove that you never saw him do any of those things.

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1 Answer | Asked in Family Law for Illinois on
Q: Im trying to get a social and I cant cause my parents information don't match what can I do to resolve this

I have been struggling with getting my birth certificate because social security is saying my birth parents or the same as what they have on file so what can I do to fix this

Cheryl Powell
Cheryl Powell answered on Aug 13, 2020

Do whatever the social security office is asking you to do.

1 Answer | Asked in Family Law for Illinois on
Q: Hi, I have a question so me and my girlfriend are both 17 about to be 18 in 7 months And we were thinking of moving in

moving in together right now I live with my parents but I am planning to move out when I turn 18. I already talk to them and they said she can come but her parents say she can’t move out till she’s “20” if she Would come with me can they call the police to force her to come back? Or... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 10, 2020

You are both past the age of consent in both Ohio and Illinois. Once you are both 18, you will both be at the age of maturity. At the age of maturity, you are both adults and your girlfriend's parents cannot have the "police to force her to come back". The exception would be if your... Read more »

1 Answer | Asked in Family Law, Child Support and Civil Litigation for Illinois on
Q: I am legally separated. My husband's ex-wife wants me to contribute to their child's college tuition.

My husband and I have been legally separated for 9 months, we do not have children together. He has a child from a previous marriage and the mother of the child wants me to contribute to paying for the child's post-secondary education.

Can the mother make\request the court to do that?... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 10, 2020

You state that you can't afford an attorney, but you are being asked to contribute to a college fund. You are going to need to pay somebody. It's probably less expensive in the long run to hire the attorney. Seek out a free consultation and ask for a cost estimate.

1 Answer | Asked in Family Law for Illinois on
Q: what if my ex wont follow the parenting agreement?

In the parenting agreement it states "Children are to be with the mother four days before school starts" Today is four days as school starts this Wednesday. Their father is refusing to let the children come home stating it doesnt apply to remote learning and it is outdated. Please help me here.

Cheryl Powell
Cheryl Powell answered on Aug 8, 2020

Before school starts is plain English. It matters not whether learning is remote in that language.

2 Answers | Asked in Family Law for Illinois on
Q: Is it allowed to hire a prior guardian ad litem as my attorney if they broke off to a new firm?
James G. Ahlberg
James G. Ahlberg answered on Aug 7, 2020

No. It would be a conflict of interest for the attorney.

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: He has told my other son's father that all he had to do was spend a lot of money on a good lawyer an

And this lawyer will have him walking away only paying me 20 per month with joint custody

Cheryl Powell
Cheryl Powell answered on Aug 4, 2020

Yes, a lot of people tell others things like that. I do not know the circumstances of your case but things like that are usually b.s.

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?

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.

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