Sean Martin Mccumber’s Answers

Sean Martin Mccumber

Wheaton Divorce / Separation Lawyer.

Contributor Level 10
  1. Hi..I filed my Green card(removal of conditions) march 2011 and its still under process my husband is forcing me for a divorce W

    Answered almost 4 years ago.

    1. Sean Martin Mccumber
    2. J. Richard Kulerski
    2 lawyer answers

    Richard is right - contact each type of attorney. You may have a claim for duress for the prenup issue. Also, you may still be eligible for status in the US, despite your husband filing for divorce. The key is getting proper legal advice that is specific to your issues. Good luck.

    Selected as best answer

  2. Ex wants to enroll Lake County judgment in Kane. I still live in Lake where case was brought and determined.

    Answered over 3 years ago.

    1. David Matthew Gotzh
    2. Gary L. Schlesinger
    3. Sean Martin Mccumber
    4. J. Richard Kulerski
    4 lawyer answers

    Typically there needs to be more than just a petition to enroll, meaning that there should be a motion for something filed with it or on its way. I recommend that you speak to an attorney about the specifics of your case.

    2 lawyers agreed with this answer

  3. I have a step-son who is almost 32 now and I was wondering if there is a possibility to adopt him and how I go about it

    Answered over 2 years ago.

    1. Judy A. Goldstein
    2. Sean Martin Mccumber
    3. Donald Bruce Boyd Jr.
    3 lawyer answers

    Adult adoptions are quick and easy in Illinois, but you need a lawyer to do the paperwork correctly. It is so wonderful for you to do this later in life and I know it is that little touch that makes your family "official", even though you know that already.

    1 lawyer agreed with this answer

  4. How many time can I request a continuous?

    Answered over 4 years ago.

    1. Alan James Brinkmeier
    2. Sean Martin Mccumber
    3. Andrew Daniel Myers
    3 lawyer answers

    Depending on how far into the case yes. If you are 12 months into the case, the Court may still give you time to hire an attorney, but may not move trial dates or so forth. However, Courts appreciate having attorneys involved who know the rules, so the Court may, in the interest of eventually moving the case along, grant the continuance.

    1 person marked this answer as helpful

  5. Can my ex determine how much child support I pay?

    Answered over 4 years ago.

    1. David Matthew Gotzh
    2. Sean Martin Mccumber
    2 lawyer answers

    Your wife cannot dictate the amount of payment. The Court can order you to search for full-time employment, but they can consider your status. The State's Attorneys can be bulllies, but the Court is the boss, not them.

    1 person marked this answer as helpful

  6. My attorney made a $477.00 calculation error on my divorce settlement should I deduct from her fees?

    Answered over 4 years ago.

    1. J. Richard Kulerski
    2. Sean Martin Mccumber
    3. Steven Alan Fink
    3 lawyer answers

    Always talk to you attorney first and see if you can resolve the dispute. You absolutely have a right to reimbursed for expenses, but if you testified under oath and failed to catch the error prior to testifying, you might find yourself in a position of paying large sums of money to correct an error of $477.00.

    1 person marked this answer as helpful

  7. What reasons would a court agree to order one party pay for both sides legal fees?

    Answered over 4 years ago.

    1. J. Richard Kulerski
    2. Sean Martin Mccumber
    3. Patrick Byron Markey
    3 lawyer answers

    The statute provides for the Court to consider awarding fees in certain situations. Simply if you earned more than him, the Court could award interim fees to him, but this is not as easy since the statute changed. If you are unsuccessful in your seeking custody modification and the Court believed you had an improper purpose in seeking to modify custody, it could award fees to your ex. Legal fees are a tricky area and are very fact-based.

    1 person marked this answer as helpful

  8. If a minor is "indicated" for performing a sexual act in a DCFS file, what are the steps to argue an appeal based on dr. eval?

    Answered over 2 years ago.

    1. Judy A. Goldstein
    2. Sean Martin Mccumber
    3. Joseph Henry Sparacino
    3 lawyer answers

    The minor should absolutely have an attorney when dealing with DCFS. Any records of contact, etc. of a sexual nature are placed in a database searchable by law enforcement and child welfare agencies. No crime does not mean no problems.

  9. What should I do If I believe my kids are not safe with their mother - who has sole custody?

    Answered over 3 years ago.

    1. David Matthew Gotzh
    2. Sean Martin Mccumber
    2 lawyer answers

    The safety of your children is always paramount. Contact an attorney to discuss the facts needed to modify your custody judgment, because these a fact-intensive issues. You may also have other remedies available to you under the law that you should investigate in a consultation with an attorney.

  10. I have custody and my ex has visitation, am I able to move within the state of Illinois? Approx 115 miles away?

    Answered over 3 years ago.

    1. David Matthew Gotzh
    2. Christopher M. Lunardini
    3. Sean Martin Mccumber
    4. Gary L. Schlesinger
    4 lawyer answers

    You should not need the Court's permission, but your move is definitely going to impact the visitation. Whether you have joint or sole custody matters slightly too, because most joint custody agreements include a mediation clause. The best advice is to speak to your ex, but have an attorney consultation with an Illinois attorney to prepare for the worst - a potential disagreement from your ex. This advice is general advice and not specific to your case.