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Elizabeth M. Feely
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Elizabeth Feely’s Answers

168 total


  • Can a custodial parent move out of town without notifying non custodial parent in the state of IL....

    Just discovered after going to my children's school that they were transferred and been gone since dec 2012, I pay court ordered support. Is that called parental kidnapping

    Elizabeth’s Answer

    Did they move within Illinois or outside the state of Illinois? If the parent moved within the state of Illinois, there is no violation of Illinois law unless there was a specific provision in the agreement prohibiting the spouse from moving. If they moved outside of the state of Illinois, then they violated the statute which prohibits removal of the child unless by agreement or court order. You need to immediately consult an attorney to discuss your options.

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  • Father who needs realistic child support modification guidance

    I was ordered a change in support going from 250 to 950 a month. I currently pay the 250 plus a LARGE monthly sum for competitive sport my childs been participating in for a long time. I agree that my support could be more, but I cant afford 950 ...

    Elizabeth’s Answer

    If you are not happy with the advice/handling of hearing on child support that your present lawyer has given, you can always speak to another attorney and receive his/her analysis of your situation. Only then will you understand if anything can be done to change/modify/reconsider or appeal the judge's ruling. It is impossible in this simple question and answer forum to give you the type of analysis that your situation deserves.

    Elizabeth Feely
    Www.Naperville-divorce.com
    630-357-4979

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  • Do I have to sell my 2 flat apt. which is in trust, because I am seeking a divorce

    I recently filed for divorce. Lawyer sent me Petition for Dissolution of Marriage so sign. The way it is worded, is sounds like I need to sell the house and split the money. I was already married when my father died, He had put the house is in tr...

    Elizabeth’s Answer

    • Selected as best answer

    You absolutely do not and should not sell your apartment building because you are undergoing a divorce; Moreover, the apartment building is your nonmarital property because it is titled in your name alone. Therefore, the apartment building should be allocated to you as your sole and separate property without any claim from your husband. If you aren't happy with the advice given to you by your lawyer, if you have one, you should obtain a second opinion as to your rights and obligations in this divorce. You have too much at stake, not only for yourself, but for your children.

    Regarding your husband's unauthorized withdrawal and use of money from the your home equity line of credit, your husband could be charged with dissipation if the funds were used for a purpose unrelated to the marriage when your marriage was undergoing an irretrievable breakdown. Numerous options exist to protect your rights in a divorce. An experienced family law attorney can assist you in putting in place the best strategy to maximize your results.

    Elizabeth Feely
    312-671-0402

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  • What do I have to do to get a dna test on my 15 yr old son who I have a child support order for, and dont think he is the dad?

    I have had a child support order since my son was 2 and he has not paid a anything, he currently owes over $90,000.00 back support. I also have a 13 year old son that is his, but I have my doubts my 15 year old being his.

    Elizabeth’s Answer

    According to the fact pattern you gave, you have an excellent case to collect the child support arrearage plus 9% statutory interest and payment of attorneys fees. Assuming you retain an attorney who is intelligent and experienced in parentage law, there are numerous strategies to pursue to maximize the support available to your children, while giving you the peace of mind of knowing for sure who are their real biological fathers. I sympathize with the uncertainty of your situation. Rest assured, this situation can be easily and quickly resolved with a skillful attorney at your side. Given the limitation of this forum, however, you would be wise to set up a free consultation with a lawyer experienced in this area of law.

    Elizabeth Feely
    Www.naperville-divorce.com
    630-357-4979

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  • Tenant Rights

    I have given my landlord over a 30 day notice that I will be vacating at the end of September. I really do not have faith in my landlord as I have a feeling she would walk into my home while we are away without telling us. I would like to know w...

    Elizabeth’s Answer

    • Selected as best answer

    Check your lease to see if there is any clause regarding the landlord's duty to notify you in advance of showings. Generally, a landlord should give you at least 24 hours advance notice before showings. However, many landlords do not wish tenants to be home because it creates an awkward situation when a prospective tenant is walking through your home. If the lease is silent, write the landlord a letter stating that you would prefer to be home for all showings and that you be given at least 24 hours advance notice. The landlord does not have the right to enter your unit unless an emergency exists. You have the right not to worry about them entering when you are gone.

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  • Is it possible to avoid paying 'appearance' fee and how?

    In separation case my petition fee was waived,but my spouse does not want to pay $200 FEE to file 'appearance' or 'appearance waiver and consent...'

    Elizabeth’s Answer

    Your Spouse can file an application to sue as an indigent person. If approved by the chief judge of domestic relations, the clerk will waive his or her appearance fee. The form is available on the website of the clerk: www.cookcountyclerkofcourt.org
    If your spouse does not meet the stringent requirements for the application, then he or she will need to file the appearance form with the appropriate fee.

    Circuit court rule 13.3 provides as follows:

    (p) Application to Sue as an Indigent Person
    (i) Procedure
    a. Petitions to proceed as an indigent person shall be presented and heard by the preliminary judge or the individual calendar judge to whom the case is assigned prior to assignment of trial.

    b. Petitions to proceed as an indigent person shall be presented and heard by the trial judge if presented after assignment to trial.

    c. Petitions to proceed as an indigent person shall be presented and heard by the post-judgment judge if presented after judgment is entered.
    (ii) A person who is represented by a legal service provider as defined by 735 ILCS 5/5-105.5 shall be exempt from this rule.
    (iii) Whenever any litigant files a Petition to Sue or Defend as an Indigent Person pursuant to Illinois Supreme Court Rule 298, that individual must personally appear before the court to present his or her petition. This requirement does not apply to legal service organizations providing legal services pursuant to 735 ILCS 5/5-105.5. This requirement does not apply to out of state litigants and incarcerated individuals filing their petitions pursuant to Illinois Supreme Court Rule 298 by mail.

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  • Can you have the notary on 5 day notice done on the day of giving 5 day notice to the tenant?

    location is palatine, il

    Elizabeth’s Answer

    Yes.

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  • Can I buy a condo in my own name while still married?

    Moved out of our condo that's in both of our names 4 years ago. I've been renting since. I was laid off two years ago. Exhausted unemployment, have-pension and withdrawing from 4o1k. I'm 58, not working but substantial pension. Husband doesn't ...

    Elizabeth’s Answer

    By the title of the question, it seems as if you wish to buy the condo and therefore keep it awed from your husband. The title insurance company and/or lender will most likely require his signature releasing his homesteads rights. Without his signature, the closing will not happen. He will therefore learn that you have withdrawn money from your 401(k) plan and could thereby prevent it. Moreover, he could then file for divorce and ask the court for a order demanding that you return the money to the plan.

    I think your instincts are correct that he likes things the way they are since he has health insurance that you are paying for, he's not supporting you, and he'll take 1/2 your retirement benefits when you divorce.

    You need to decide if will continue with the way things are or want to initiate a divorce. 4 years is a long time to be separated. Depending on a number of factors, you may be awarded maintenance, formerly known as alimony. Once you are divorced, you can then buy the condo in your own name without worrying about your husband's claims.

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  • My husband pays on child support, but, the arrearage is being tagged interest and it will never be paid, what can he do

    when my husband got out of prison, he found out he was 8,000 in the hole for child support and it started gaining interest, today it is 30,000 even though he has been paying. What can he do to get this paid

    Elizabeth’s Answer

    Call State disbursement unit @ tel:877-225-7077 and ask for copy of copy of all payments.

    Doesn't seem mathematically possible for $8,000 arrearage to have increased to $30,000 simply based on accrual of statutory interest. Has he been making all of the child support payments since he's been out of prison?

    Something doesn't seem right. After getting the SDU printout, call a local lawyer for a consultation.

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  • How can you find out if you spouse has filed for divorce?

    Husband wants divorce and said he will be filing. How do I find out for sure, who his lawyer is and what county he has filed if we are not communicating.

    Elizabeth’s Answer

    For Cook county: Go on your computer tonight:

    www.cookcountyclerkofcourt.org:
    go to online case info, click on domestic relations, do name search, click on defendant, and type your last name and hit search. You can also click on plaintiff and type in his name, just to double check. The docket will. Indicate when the case was filed as well as his attorney's address.

    Dupage: https://www.dupagecase.com/Clerk/allsearch.do

    Type in your last name, first name. Hit search. If he filed, case number will appear which you can click on to look at docket. Docket doesn't give attorney's name, but you will know whether or not he filed and the case number.

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