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Lisa Marie Giese

Lisa Giese’s Answers

17 total


  • NCP asked to pay medical bills for past 9 years.

    My husband just learned his ex is petitioning the court for the unreimbursed medical expenses of their 2 daughters and the back payment of the insurance premiums dating back to 2001. During these years she NEVER sent any bills or gave him the ins...

    Lisa’s Answer

    Is there any requirement she provide him with the bills or notify him prior to or immediately after appointments? Is there any requirement that she provide bills within a certain number or days or that he reimburse her within a certain number of days? Does he have joint custody? To answer this question, it would be important to look at the order in full.

    The insurance premiums may be a different story, as if he knew she covered the children on her insurance plan, he should have taken affirmative steps to ascertain how much the premiums were and to reimburse her for them. Often the order will specify what the insurance premium amounts are or he should have determined their amount at the time of entry of the order.

    I strongly suggest your husband consult an attorney, especially if his ex has filed a Petition for Rule to Show Cause, which can result in severe sanctions including jail and payment of her attorneys fees.

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  • Am i better off with a legal separation first or just go ahead and get a divorce my husband cheat on me and I am also unemployed

    What are my rights?

    Lisa’s Answer

    Whether you choose to obtain a legal separation or a divorce, you will be able to outline in an agreement each party's financial and child-related rights and responsibilities. You may have personal or religious reasons for seeking a separation rather than a divorce. Furthermore, sometimes staying married offers certain benefits such as continued health insurance coverage and/or the opportunity to take advantage of military or social security benefits. However, other than those limited benefits, a legal separation is very similar to a divorce and many people who obtain legal separations ultimately file for divorce, incurring the additional time and expense. In sum, you should probably contact an attorney and discuss the facts specific to your case to obtain an appropriate answer to your question.

    Disclaimer: It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. Consequently, this response does not constitute or establish an attorney-client relationship but is offered for general informational purposes only. Laws differ from state to state and each case turns on facts specific to the case and parties thereto, thus this answer does not constitute legal advice, and should not be relied upon as anything more than a starting point or suggestion that the questioner seek professional assistance from a practitioner in your state or county/parish, practicing in your area of law.

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  • How much money do you pay for child support?

    I have two kids and make 1400 a month how much would I have to pay?

    Lisa’s Answer

    In Illinois, statutory guidelines of child support are as follows:

    1 child = 20%
    2 children = 28%
    3 children = 32%
    4 children = 40%
    5 children = 45%
    6 children or more = 50%

    The percentage is based on net income, which is defined as total income from ALL sources, minus the following deductions:
    * Federal income tax;
    * State income tax;
    * Social Security (FICA);
    * Mandatory retirement contributions;
    * Union dues;
    * Dependent and individual health/hospitalization insurance premiums;
    * Prior obligations of support or maintenance actually paid pursuant to a court order or administrative order;
    * Expenses to repay debts that represent reasonable and necessary expenses for the production of income;
    * Medical expenses necessary to preserve life or health; and
    * Reasonable expenses for the benefit of the child and the other parent, exclusive of gifts.

    In addition, a custodial or non-custodial parent can seek to deviate above or below child support guidelines on a case by case basis. If a court determines the party has an ability to pay, they will generally will allow an upward deviation for expenses such as daycare, uncovered medical costs, and/or extra-curricular/school expenses.

    Disclaimer: It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. Consequently, this response does not constitute or establish an attorney-client relationship but is offered for general informational purposes only. Laws differ from state to state and each case turns on facts specific to the case and parties thereto, thus this answer does not constitute legal advice, and should not be relied upon as anything more than a starting point or suggestion that the questioner seek professional assistance from a practitioner in your state or county/parish, practicing in your area of law.

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  • Foreclosure after Chapter 7

    If we file Chapter 7 and keep our house, what will happen if it goes into foreclosure after the bankruptcy discharge? We have 2 mortgages on the house, and would love to get rid of them both, but we are affraid to include them in Chapter 7 because...

    Lisa’s Answer

    If you file a Chapter 7 at a time when you are current on your mortgage, the lender(s) will probably require you to re-affirm the debt if you wish to continue to reside in the house. If you re-affirm the debt and then default on your mortgage then you will be liable on those mortgages post-discharge meaning the lender will probably come after you upon foreclosing. If you do not plan to stay in the home, then you can indicate on your bankruptcy petition your intent to surrender and avoid signing a reaffirmation agreement. I strongly suggest you contact a bankruptcy attorney to help you with this process. We do offer a free initial consultation and have offices in both Schaumburg and Wheaton.

    Disclaimer: It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. Consequently, this response does not constitute or establish an attorney-client relationship but is offered for general informational purposes only. Laws differ from state to state and each case turns on facts specific to the case and parties thereto, thus this answer does not constitute legal advice, and should not be relied upon as anything more than a starting point or suggestion that the questioner seek professional assistance from a practitioner in your state or county/parish, practicing in your area of law.

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  • How hard is it to prove my ex is living on conjugal basis?

    how hard is it to prove my ex is living on conjugal basis?

    Lisa’s Answer

    It sounds like you are referring to proving your ex cohabits with another person on a resident, continuing conjugal basis, which is the statutory requirement for a termination of maintenance. It can, sometimes, be difficult to prove this. Factors that you should look at are how many nights per week he or she sleeps at the other person's home, whether he or she keeps his or her belongings there, whether he or she grocery shops for that home, and whether he or she helps support that household, including doing any cleaning, cooking or repairs for that home. If the parties regularly eat meals together and take vacations together, that can also help your case.

    The Supreme Court held that it is not necessary to prove that sexual relations are occurring. In re Marriage of Sappington, 106 Ill.2d 456, 478 N.E.2d 376, 88 Ill.Dec. 61 (1985). The important consideration is whether an observer would believe the individuals were acting as husband and wife, which is decided on a case-by-case basis. In re Marriage of Lambdin, 245 Ill.App.3d 797, 613 N.E.2d 1381, 184 Ill.Dec. 789 (4th Dist. 1993)

    Disclaimer: It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. Consequently, this response does not constitute or establish an attorney-client relationship but is offered for general informational purposes only. Laws differ from state to state and each case turns on facts specific to the case and parties thereto, thus this answer does not constitute legal advice, and should not be relied upon as anything more than a starting point or suggestion that the questioner seek professional assistance from a practitioner in your state or county/parish, practicing in your area of law.

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  • Can we legally move someone without their consent,

    my brother in-law is hospitalized, lost function on right side he is right handed, and is unable to speak, he is clearly not leaving the hospital for a while, and we need to do something about his apartment soon, which is located on a second floor.

    Lisa’s Answer

    Given your brother-in-law's condition, it sounds like you may need to seek guardianship of him in the Probate Court, which can be a lengthy and expensive process. If you are appointed as the guardian of his person and estate you can make many (but not all) of his health and financial decisions. If your brother-in-law is competent, it may be possible for him to execute a Power of Attorney. I strongly suggest you contact an attorney to discuss your options in greater detail.

    Disclaimer: It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. Consequently, this response does not constitute or establish an attorney-client relationship but is offered for general informational purposes only. Laws differ from state to state and each case turns on facts specific to the case and parties thereto, thus this answer does not constitute legal advice, and should not be relied upon as anything more than a starting point or suggestion that the questioner seek professional assistance from a practitioner in your state or county/parish, practicing in your area of law.

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  • Divorce in IL

    I wonder if the motion to reconsider the final judgment has time limit. The motion of reconsider has been filled but never noticed up. It passed 60 days, and the Judge did not response to the motion. It there time limit during my ex. can ap...

    Lisa’s Answer

    To start, a motion to reconsider and an appeal are two different things. An appeal must be filed within 30 days of entry of the Judgment for Dissolution of Marriage. There are also different sections of the statute under which a motion to reconsider can be filed. The amount of time your ex has bring the motion will depend on which section he is seeking relief under.

    Disclaimer: It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. Consequently, this response does not constitute or establish an attorney-client relationship but is offered for general informational purposes only. Laws differ from state to state and each case turns on facts specific to the case and parties thereto, thus this answer does not constitute legal advice, and should not be relied upon as anything more than a starting point or suggestion that the questioner seek professional assistance from a practitioner in your state or county/parish, practicing in your area of law.

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  • Will I have to reimburse my ex for purchases made before the separation?

    My ex is demanding that I reimburse her money I gave a friend prior to the separation. The money was from my individual checking account and we discussed it before I gave my friend the money. We were still married and it was at least a month bef...

    Lisa’s Answer

    You should consult an attorney on this issue, as the answer is fact specific and not black and white. It sounds like your wife is asserting that you dissipated marital funds. Dissipation is generally defined as expending marital funds for a purpose unrelated to the marriage during a time the marriage is undergoing (or has undergone) an irretrievable breakdown. If a court determines you have dissipated marital funds, your wife would be entitled reimbursement for her portion of those funds.

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  • I have a friend (seriously) who is in the process of getting a divorce

    My friends wife hired a lawyer and sent him divorce papers. They are utilizing the same lawyer and he was told that he has to pay her 1/2 the house, though he owned this prior to the marriage, and has to pay her support so that she can maintain h...

    Lisa’s Answer

    I agree with Patrick. It is unlikely that your friend is being represented by the same attorney as his wife (as this would be an ethics violation). Likely she has an attorney and he has chosen not to retain one in an effort to save costs.

    The fact that the house was owned prior to the marriage does not necessarily mean that it is non-marital property. It would be important for him to consult an attorney on this issue. With respect to the issue of maintenance (formally known as alimony), it sounds like it is possible that he would have to pay her maintenance, although more facts are necessary to make this determination. Whether a court would order your friend to pay maintenance or not, as well as the amount and duration of any obligation, would depend on a host of factors including the length of the marriage, the standard of living during the marriage, both parties health and age, their income and earning capacity, among other things.

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  • What is standard visitation for a newborn in the state of IL?

    I currently have a pending divorce. I have an unique situation in which I am almost due to give birth to my soon-to-be ex husband's unborn baby. I have two grounds for divorce: irreconcilable differences and mental cruelty. I just filed a police r...

    Lisa’s Answer

    In Illinois, public policy generally favors liberal visitation, as visitation is a right not a privilege and because courts generally believe the child's best interests are served by having a relationship with both parents. However, a custodial parent can seek to place restrictions on a non-custodial parent's visitation. Restrictions in visitation can include a prohibition of overnights or a requirement that visitation occur in the presence of a third party (supervised). In order to restrict the non-custodial parent's visitation rights, the custodial parent has the burden of demonstrating that regular visitation would seriously endanger the child's physical, mental, moral or emotional health. This is where the child's age would come into play.

    It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. Consequently, this response does not constitute or establish an attorney-client relationship but is offered for general informational purposes only.

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