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Elizabeth M. Feely
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Elizabeth Feely’s Answers

168 total


  • I live in Illinois. possible wrong form - no Original petition for dissolution of marriage filed

    After my husband has ubruptly left our marriage, I filed on May 22, 2013 "Petition for custody and to establish child support" stating that I don't seek divorce or legal separation. On June 18th, 2013 my husbands attorney filed "COUNTER petiti...

    Elizabeth’s Answer

    Once your husband filed counter-petition, a divorce action commenced. You can ask the count to eith dismiss your petition or amend it to add in allegations necessary for a court to grant you a dissolution of marriage. You are in over your head and you need to bring all your papers to an experienced family lawyer to analyze them and to determine if you wish to save marriage or proceed with divorce.

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  • Am I entitled to any financial support while being pregnant and going through divorce?

    Husband filed for divorce. I'm currently 4 months pregnant and was advised by my doctor to work only part-time, therefore my salary is now cut in half. What kind of financial support can I currently get from my husband during this time.

    Elizabeth’s Answer

    You're most likely entitled to support from your husband, especially due to your reduced schedule based on doctor's orders. The judge will also order your husband to pay for your maternity expenses and other expenses in anticipation of the birth of your child. The sooner you file, the sooner the payments can begin. The exact amount of support will depend on a number of factors such as the length of your marriage, your relative incomes, assets, etc. You should immediately contact an attorney for an evaluation of the unique facts of your case.

    Elizabeth Feely
    630-581-2154

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  • Husband filed for divorce. We own a vacation property that husband is now residing at. How much am I entitled to?

    We own a vacation property that we currently own 50/50 with partners. Husband is now staying there during this separation. How much of this property am I entitled to and can I force to sell this property in negotiation process.

    Elizabeth’s Answer

    You are entitled to at least 25% and up to 50% of this property. The exact percentage of the property you will be entitled to receiving is based on a number of factors that must be carefully analyzed by an experienced divorce attorney. Moreover, any one of the partners, including you, can force the sale of the property through a legal proceeding known as an action for partition. Given that this legal remedy exists, you should be able to exert pressure on your husband to either move from the vacation home and allow it to be rented out at a fair market price and/or sell the property so that the equity can be realized by you and the other partners.

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  • My child support is too high. At the time of the divorce I was working extra to pay legal expenses. Now my job is paying less.

    wha do I do. Can I do this myself?

    Elizabeth’s Answer

    • Selected as best answer

    Why would you do this yourself? If your ex-wife makes 2-3 times what you make, you are in a fantastic position to obtain a court order to pay your legal fees. The court addresses such vast disparities in income by way of "leveling the playing field" petitions.

    Don't delay your effort (remember that amendment in child support is retroactive to date on which your petition is filed). Furthermore, do not jeopardize your entire case by proceeding without the assistance of a veteran counsel who has (A) expertise in the field & (B) familiarity with the court before which litigate.

    Get a intelligent and motivated attorney who believes in your case, so that it can be vigorously & successfully prosecuted.

    Based on the facts provided, your chances of lowering your child support is superb.

    ELIZABETH FEELY, ESQ.
    (630) 581-2154
    www.naperville-attorney.com

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  • Will the court make me pay back child support overpayment even though my ex had missed several payments in the past?

    The child support order states that he has to pay me a set dollar amount each week (versus a percent of his income) as well as 1/2 of school expenses. The support was taken via wage garnishment. Over the years, there were many times when I did not...

    Elizabeth’s Answer

    Highly unlikely. Firstly, you should request a certified copy of the history of the support payments from the state disbursement unit, the official record of support obligation/payments. Second, file a petition for rule to show cause against your ex for failure to timely pay all of missed child support and school expenses. You are entitled to an award of statutory interest of 9% interest on all unpaid support plus an award of attorneys fees if the court finds that the failure to pay was without compelling justification. If your ex believes that he is owed money, let him argue with his employer over it for wrongfully withholding it from his pay.

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  • My husband left me with 2 kids can I get child support if we are not legally separated or Divorce yet?

    I don't make a lot of money because of a work injury, I'm on light duty. I have 2 kids to care for and need financial help to make ends meet. my main concern is being able to afford a rent on my own and utilities.. My husband has a great job, but ...

    Elizabeth’s Answer

    Unfortunately, you must file for divorce in order to receive an order for child support and/or maintenance(formerly known as alimony). The sooner you file, the dinner you can receive the assistance you need. You can seek the assistance of your local state's attorney's office to help you with securing an order for child support and/ or other financial needs of your children.

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  • What do I do if I get a lawyer?

    I'm about to file a motion to modify my child support order. I was thinking about it and I don't want to see me ex. If I hire a lawyer will I have to go to court? I want to avoid seeing her. About how many court dates will there be? Will I have to...

    Elizabeth’s Answer

    Typically, if you hire an attorney to represent you in court you will only have to appear for contested hearings where you having to give testimony or possibly for a pre-conference if the judge wants you to be present to either accept or reject his/her settlement recommendations. If you file a petition to modify, your ex will be given time to respond to your petition on the first court date. If your ex does not file any petitions or motions of her own (such as a petition to modify visitation or enforce judgment ) then the court will either set your petition for status or hearing on the second court date. Since we cannot predict all of the events that may occur in your case, it is impossible to give you a better answer as to how many court appearances there will be.

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  • I assume there are options of ways to sue someone ; does it have to be Partitions when jointly owned property is involved ?

    I want to end my "co-ownership" of a house with a family member ; he lives there, I do not , and he refuses to buy me out, or sell so that we can split the proceeds and go our separate ways. I would rather not initiate Partitions, because the pr...

    Elizabeth’s Answer

    Suing him for past due rent is a losing lawsuit. Partition is your only option.

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  • 401k loan during divorce

    I am currently representing myself and my wife has a divorce lawyer. Can I take out a 401k loan to pay for an attorney? There is no restraining order in place preventing me from doing so

    Elizabeth’s Answer

    Although there many not be a court order preventing you from taking out a loan against your 401k, once your wife discovers that you took out the loan, she will file a motion to prevent you from any further withdrawals and perhaps for a share of the loan proceeds. Why not use a credit card instead? It's preferable because you are not decreasing the value (arguably) of a marital asset.

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  • I bought my house before marriage and in trust.(Illinois)now want to refinance

    marriage is a little rocky, but need to save. since home was purchased prior to marriage will refinance give her any rights to the home even if her name is not on the refinanced property. child prior to marriage is on the trust.

    Elizabeth’s Answer

    Refinancing doesn't give her any rights to the property as long as her name is not on the deed. She's agreeing to share in the debt without any ownership interest.

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