Skip to main content
Brian Anthony Grady

Brian Grady’s Answers

17 total


  • Can my ex sue for full custody because I don't pay alot of money in child support?

    I share joint custody of my 2 kids however my ex husband has custodial custody. He complaines that I don't pay enough in child support because I don't make enough money. Therefor he is threatening to take me back to court so he can have sole cu...

    Brian’s Answer

    Your Ex cannot seek sole custody on the grounds that you do not pay what he believes is a sufficient amount for support. He would have to allege that the two of you cannot discuss what is in your children's best interests and because the two of you cannot discuss those issues joint custody is not feasible. It would be his burden to prove by clear and convincing evidence that a modification is warranted.

    See question 
  • Can a mother take a child from IL to WI to liv?e without the fathers permission

    Mother and Father never married can she move across state line to live no custody is involved?

    Brian’s Answer

    The short answer is no. However, he has never been declared the father of the minor child, then the mother may be able to move out of state because there has never been a court order declaring he is the father. That is not the end however, because if he signed the voluntary acknowledgement of paternity and he has taken an active part in the life of the child, he may be able to prevent said move or request a return.

    See question 
  • I was granted full custody, in cook county, what rights dose the father have

    father of my children wants to fight the divorce it was made final 3 years ago, father is a drug user, was charged with child abuse and served time for the charge, has never paid child support, what rights dose he have

    Brian’s Answer

    There is no legal term "full custody". There is sole and joint custody, which affects the ability of the father to have input on the decisions affecting your children. Visitation is a seperate issue and if his visitation rights were reserved or he has no visitation rights then he would have to petition the court to see the children.

    See question 
  • My daughter and the father of her son wrote up a support and visitation agreement and it was signed in front of a Notary.

    It stated "lifestyle" issues, and a variety of day to day things. Is this document binding? She is now being told that he has contacted an Attorney and he says that since it was not signed by a Judge, it is not worth anything. Is this correct?

    Brian’s Answer

    The document is non-binding and only can be binding upon the entry of a court order indicating both parents would be bound by the terms of said agreement. You daughter needs an attorney to assistance her in this matter.

    See question 
  • Is it legal for custodial parent to charge child fee for health insurance which is paid 100% by non-custodial parent?

    Non-custodial parent pays 100% of health insurance premium for 3 children & 50% of the uncovered medical costs in accordance with court order...custodial parent is charging oldest child for the child's portion of the health premium and/or uncovere...

    Brian’s Answer

    • Selected as best answer

    I believe it could be considered a windfall for the custodial parent. Similiarly, if she is charging rent ot the oldest child whom you are paying support for that could be considered a windfall and you may wish to move for a modification of the support obligation.

    See question 
  • If i get temporary custody of my child will that stop child support and can i recieve child support

    the mother of my son gave me temporary custody because they wasnt getting along but she doent want the support to stop thats why she wants to give me custody temporarly

    Brian’s Answer

    You need to file a motion to modify the custody agreement and request that your obligation to pay child support be stopped. You should contact an attorney as soon as possible to file the appropriate pleadings.

    See question 
  • If someone is required by Illinois court order to pay child support but unemployed

    If ordered to have support deducted from payroll by emplyoyer and person is unemployed. Should person have to file with court? Or can person just reduce the amount on thier own?

    Brian’s Answer

    Pursuant to Illinois law, a person is obligated to continue to pay the court ordered support until the order is modified. The important date is the date of filing of a pleading to modify the support payments, because a court can make the order retroactive to date of filing.

    See question 
  • How many times can a custody trial be continued?

    We are set to have a custody trial next week, and we are not prepared at all. There has already been one continuance on the trial date because my attorney withdrew. The 18 month mark on the case will be coming up in September. Is it possible to g...

    Brian’s Answer

    You need to retain an attorney to represent you in a custody trial. Feel to contact this office or another office who specializes in custody disputes.

    See question 
  • Is alimony deducted from net income to determine child support? This is specific to Illinois. Thanks

    To be more specific, this pertains to DuPage county. I am trying to calculate the appropriate amount and all help is appreciated.

    Brian’s Answer

    Alimony is generally not one of the allowable deductions in determining net income for child support. That being said, I am concerned that you are paying alimony (maintenance) prior to determining what your child support obligations will be. I think you need to speak to an attorney prior to agreeing to pay either child support or maintenance.

    See question 
  • If I marry a man who pays child support will my income be used to re-figure the child support calculation?

    If I marry a man who pays child support will my income be used to re-figure the child support calculation?

    Brian’s Answer

    No. Your husband will pay child support based upon his income and not your income, therefore, you do not have to fear that some of your income will be used to support his children from a previous relationship.

    See question