Raiford D. Palmer's Answers

Can you legally evict a family member whom you took pitty on, but now regret?

Sure, assuming the person is not your child and you are not the person's guardian. (I.E. you can't throw your ten year old out of the house). Assuming this is your uncle (for example), and he has no lease agreement with you (verbal or written, i.e. he has not been paying you monthly to stay there) you can simply ask the person to leave, lock them out, etc. You can contact the police if the person refuses to leave. If you have some type of lease agreement, you really need to provide a 30-day...

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My husband is married to someone in the state of georgia but has married me in illinois. how do i find out if he is married

To add another note, if your "husband" is still married in GA, you can have your marriage declared invalid in Illinois, as it was void when you were married (the legal term is "void ab initio", meaning "void from the start." See 750 ILCS 5/212(a)(1), "Prohibited Marriages." Interestingly, per Illinois law, if he was divorced some time during your marriage (from the GA wife) and is only married to you now, your marriage is valid from the date of his first divorce (essentially he would have "...

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What happens if you have sex with your husband while he is still under the order of protection?.

Possibly. If your actions are not in line with the Order (you are willing to meet with him, have sex with him, et cetera) he may be able to use that information to bring a motion to vacate the order of protection early. As Mr. Kulerski rightly says, be very wary.

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What are some of the things to watch out for when a financial QDRO (401K rollover) is being prepared by the opposing side?

Yes, do have an attorney review the proposed qualified domestic relations order (QDRO). It then must meet approval by the plan administrator before being entered by the Court. It is important that QDROs are properly prepared to avoid getting less than you are entitled under the divorce decree. It is not as simple as it might seem - many items are covered in a QDRO. Emily Carrara in my office concentrates in preparation and review of QDROs as well as related litigation.

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Can I change my daughters last name to my maiden name without forfeiting child support?

Agreed, the challenge will be in getting the name change granted, though it is possible. This will not affect child support if granted.

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How is spousal maintenance determined under IL laws

Maintenance is determined under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), specifically a state law known as 750 ILCS 5/504. Many cases have been decided by Illinois Courts interpreting the law, and those cases are used by trial judges to determine maintenance using the specific facts of your case. It is more of an art than a science - two judges in the same courthouse, given the same facts, could order different maintenance. As for your specific case, without more facts...

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I have been married for 20 years and have a457 plan put up is my spouse entitled to it after divorce

Assets earned during the marriage are subject to equitable division (perhaps but not always 50/50). So in this case, the marital portion of this plan would be subject to division - the part earned during the marriage. This can be determined two ways - by looking at all of the statements over the length of the marriage (usually difficult since most people don't keep the records and the investment firms don't retain them for that long) or by using the "Hunt" formula, where the length of the...

Divorce, health insurance, dental and vision insurance in Illinois

The medical expenses are marital debts during the marriage, even though a divorce case has been filed. Therefore it is a bad idea to remove a spouse from medical insurance coverage during a divorce case. The person who lost coverage can bring a petition in court asking that coverage be restored, and that uncovered expenses be paid (typically but not always 50/50).

How do I compel my ex to sign IRS form 8332?

A 508 is a petition for attorney's fees, 750 ILCS 5/508. A "137" is a motion for sanctions (usually asking for attorney's fees) alleging that a pleading is not well-grounded in fact or existing law, or requesting a modification of existing law, based on Illinois Supreme Court Rule 137. Whether you will be able to have the Court compel signature of the Form 8332 depends on the language of your divorce judgment and the Court's interpretation of that language along with the facts as they...

I got judgement for dissolution of marriage a month ago? Then the clerk called me to pick up the transript. Should i pick it

You need to obtain the transcript, and file it with the Clerk of Court. The transcripts cost about $40 to $60 usually. There is no filing fee. The Judgment is the controlling document for your divorce, it proves you are divorced and determines the terms of your divorce. The transcript is a written record of your prove-up hearing, where the Court heard some testimony from you and possibly your ex and granted the judgment for divorce. In Cook County, local rules require that you file the...