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Chantelle Arie Porter

Chantelle Porter’s Answers

5 total

  • Do I need a lawyer for an order of protection hearing. in dupage county

    me and my wife are still married there is no petition for divorce. we have been maried for eleven years. She has been gome for a month. I have not heard or seen my children in all this time. I was finally served on january 23rd with an emergency o...

    Chantelle’s Answer

    You should definitely have an attorney. Often an Order of Protection is a tactical move to get Exclusive Possession of the marital residence or custody before filing for divorce. There are other negative implications to having an Order of Protection against you.

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  • Wife filed for divorce can she get maintance? 12 yr married & 3 kids. living separate for 17 mo. she gets 40%of my net already?

    I have given her the house, one car, and all remaining assets. She worked app 9 years while we were married she is able to work but refuses to get a job because she is in school. and I provide her with a nanny. I have been living with someone for...

    Chantelle’s Answer

    In Illinois the determination of maintenance (alimony) is based on several factors, including:
    1. The income and property of each party;
    2. The needs of each party;
    3. The present and future earning capacity of each party;
    4. Any impairment of the present and future earning capacity of the party seeking maintenance;
    5. The time necessary to enable the party seeking maintenance to acquire employment;
    6. The standard of living established during the marriage;
    7. The duration of the marriage;
    8. The age and physical condition of the parties;
    9. The tax consequences of the property division;
    10. Contributions and services by the party seeking maintenance to the other spouse's career.

    Consult an attorney regarding your options.

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  • What do they consider child neglect

    before i take action is it neglect if my child's mother sends her over to my house when its my schedule weekend visit with clothes that smell like urine. even after i washed the clothes they still smell the same way. My daughter is 8 and she still...

    Chantelle’s Answer

    If you feel your child is in immediate danger you should contact DCFS. However, you might want to consider enrolling your child in therapy so that she can have an appropriate outlet to discuss what is going on at Mom's house. The added benefit is that therapist is a mandated reporters so if something is going on they will have to report to DCFS. You might also want to have a conference with the classroom teacher to see if he/she has noticed any behavior changes. If there is enough credible information that something is wrong is happening at mom's house you should consult an attorney about filing a Petition to Change Custody.

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  • What are my legal obligations for letting the ex see the kids after he has had no contact with them for 6 months?

    We have joint custody, he has visitation rights. He has not seen or attempted to make any contact with the children for over 6 months. He is all of a sudden calling to see them. This is not the first time that he has "disappeared" for months on...

    Chantelle’s Answer

    You should consult an attorney in drafting a Visitation Schedule. He has not lost his rights to visitation however it seems like their needs to be structure and possible restrictions and/or supervision.

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  • Married for almost 5 years, both of us want a divorce, would I be entitled to alimony if we don't have anything together?

    No children, property or business together.

    Chantelle’s Answer

    In Illinois the determination of maintenance (alimony) is based on several factors, including:
    1. The income and property of each party;
    2. The needs of each party;
    3. The present and future earning capacity of each party;
    4. Any impairment of the present and future earning capacity of the party seeking maintenance;
    5. The time necessary to enable the party seeking maintenance to acquire employment;
    6. The standard of living established during the marriage;
    7. The duration of the marriage;
    8. The age and physical condition of the parties;
    9. The tax consequences of the property division;
    10. Contributions and services by the party seeking maintenance to the other spouse's career.

    See question