Skip to main content
Andrew Ben Boyer
Avvo
Pro

Andrew Ben Boyer’s Answers

32 total

  • Can Video be used in a divorce?

    When my wife goes off, she goes off sometimes over the silliest things. Im filing for divorce. I have video of her hitting me and breaking my things in an argument. Does that help and can I use it?

    Andrew’s Answer

    You should hire an attorney. Be careful since recording some things like telephone calls or in-person conversations (including by recording video that captures sound), may violate federal and state wiretapping laws. These laws not only expose you to the risk of criminal prosecution, but also potentially give an injured party a civil claim for money damages against you.

    See question 
  • My ex-husband refuse to give me or the courts his address to be properly served for not paying his child support in 3 years!!!

    I'm trying to get him served so he can show up for rule of cause. He only has a P.O. Box registered to him. He refuses to give me his address. However, he picks my child up for church on Sunday, is it possible to serve him entering or leaving chur...

    Andrew’s Answer

    The attorney general can serve him by mail at the P.O. Box address you have for him, or if you want personal service hire a process server. Once served if he does not show up the court has the ability to issue a warrant for his arrest. The court has vast powers, you need to unlock them. Perhaps hiring a private attorney would be of more help.

    See question 
  • What information do I need to provide a judge to prove that my ex is not entitled to claim my son as a tax exemption?

    Divorce was final in 2010. My son is a Junior in college. There is nothing in my divorce agreement about tax exemptions. My son lives with me when he is not away at school and I pay for 100% of his needs during that time. By court ord...

    Andrew’s Answer

    Generally, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child (for the purposes of claiming a dependency exemption and the child tax credit, but not for the earned income credit) of the noncustodial parent if all four of the following statements are true:
    1. The parents:
    a. are divorced or legally separated under a decree of divorce or separate maintenance,
    b. are separated under a written separation agreement, or
    c.
    lived apart at all times during the last 6 months of the year, whether or not they are or were married.
    2. The child received over half of his or her support for the year from the parents.
    3. The child is in the custody of one or both parents for more than half of the year.
    4. The noncustodial parent attaches a Form 8332, or similar statement containing the same information required by the form, to his or her return. The form must be signed by the custodial parent. (See special rules in Publication 17 for a pre-1985 or post-1984 and pre-2009 divorce decree or separation agreement.)
    See Publication 17 for additional rules for claiming an exemption for a dependent.

    See question 
  • My ex has taken my children on an extended vacation to another state. Legaly my childen should be back in the state.

    She took a job in another state, enrolled my children in school and refuses to being my children back. She has not filed to have their residency moved yet. We have joint custody.

    Andrew’s Answer

    Get moving and get to Court. You can ask for an Order for the return of the children to Illinois.
    The actions of the ex spouse may be a crime so consult with an attorney.

    See question 
  • Can I request the court to have parental rights of my kids father be signed over to me due to instability and safety issues?

    My kids father and I were never married.. we have two children. Both children have been living with me since they have been born due to his instability.. there father has been in and out of there life, only asking to see kids when its conveniant f...

    Andrew’s Answer

    A court will not terminate his parental rights absent State involvement. You can and should act to restrict or supervise visitation. Basically you need evidence of serious endangerment.
    Consult with an attorney who can adivse you further.

    See question 
  • My husband of 20 years makes $87,000 a annually. We have 3 children 17, 14, 7.

    I have not worked outside of the home 18 years. He has a 4 year college degree, I have a 2 year degree. I have been actively looking for employment for 2 years and have been unable to get a job. I have slightly limiting health issues that make ...

    Andrew’s Answer

    There is no doubt you have a case for maintenance. In such a case the duration of maintenance, the amount of maintenance, termination events and reviewability and modification are all part of what needs to be established.

    The over all assets of the marriage is also a factor in maintenance so speak with an expirenced attorney who can help you get the fresh start that you want with the money you need to make it work.

    See question 
  • Child Support-Extra Cirriculum

    I am currently pay 28% for child support. In addition with that is 50% of the child's extra cirriculum. However, my ex have been taking advantage of this and been signing up for kid's activities without letting me know or consent. Then sends me...

    Andrew’s Answer

    Yes you can ask for that relief but the first thing her attorney will check is if you are making more $ than last time. So do the math first so you don't win on dimes and lose on dollars.

    See question 
  • A probate judge awarded the oldest daughter guardianship of my minor daughter based on false accusations. How do I get her back

    Husband passed away; nothing determined in divorce; no divorce degree; no custody award; older daughter had possession of minor early ruling based on husband being alive; no custody was ever awarded; older daughter & husband's divorce attorney fil...

    Andrew’s Answer

    Yes, you need to hire your own attorney to present your case to the court. Do not delay or the order may be final. If you do hire an attorney you should have your day in court.

    See question 
  • Can my ex refuse to bring our daughter to town for weekend activties on his weekend, because he moved away?

    My daughter is 10 and she has been bowling on a league on Saturday mornings for 5 years. Her dad has taken her on his weekend but recently moved an hour away and now refuses to drive her back in town to bowl. She is also wanting to sign up for oth...

    Andrew’s Answer

    You should review your Custody Judgment to see if has to take her to such events. If so communicate that to him. If not consider modification of the Visitation Order since the move is a change of circumstances.

    See question 
  • What it the best way to get my kids back

    i gave hem costody so he can bring the kids back from overses there names were in the airport my oldes told me to do it he is 15 he is in NY im in chicago thay dont want to stay with him kids are willing to go to court do all the talking.

    Andrew’s Answer

    Please consult an attorney. You should not wait to do so.

    See question