Skip to main content
Peggy M. Raddatz
Avvo
Pro

Peggy Raddatz’s Answers

7,703 total


  • Remarriage

    My ex got married and told me after the fact. We don't have a clause in our papers regarding overnight guests. We have 2 children together. I don't know this person she married, can I modify custody?

    Peggy’s Answer

    You will not win on a Change if Custodyband it is likely it will be dismissed. You do not have the right to approve who your ex marries. If you have joint custody therefore often provisions in the parenting agreement that apply if a spouse remarries. If not I would suggest a meet and greet ASAP sobthatveceryobe feels comfortable in the new situation. Acting like you have any type of rights of approval are just outright wrong. You are her ex and not her father. She is an equal parent and it's assumed she has the right to remarry and form a new family relationship with her children and new husband their stepfather.

    See question 
  • Is profit sharing or 401K figured in when considering the division of assets in a divorce in the state of Illinois?

    Married 2 years and cohabitating for 4. Husband has a substantial income and wants the divorce for no reason. Wife has little income and doesn't want divorce. Would she be entitled to any portion of his retirement fund or 401K?

    Peggy’s Answer

    Yes but only if he made contributions during the marriage. She would typically be entitled to an equitable portion of the marital portion. She cannot get anything for the period of cohabitation at all.

    See question 
  • When calculating the duration of support payments from a spouse could you factor in the total time you were living together?

    Husband has been responsible for supporting wife in a two year marriage as well as the 2 previous years they lived together for a total of 4 years. Could you calculate duration of support based on cohabitation?

    Peggy’s Answer

    Absolutely not. In Illinois the law does not recognize cohabitation for purposes of spousal support or anything else. No common law marriage in Illinois.

    See question 
  • How often can you be taken back for child support increase?

    It's been just over a year since child support was put in place. How often can she take me back for more? Is there specific law stating a timeframe? Is a raise justification for her to take me back for more?

    Peggy’s Answer

    Whenever she can prove a "substantial change in circumstances" she can take you back to court for an increase. There is no law outlining a number of times.

    See question 
  • How much child support will I have to back pay?

    If she filed for increased child support two months ago but the courts are just seeing us, will I have to back pay those two months ?

    Peggy’s Answer

    Possibly and in most cases yes. The judge has the discretion to go back retroactively to the date of notice to opposing side.

    See question 
  • Harassment

    2 months ago I just finished my custody case with my ex. Modified visitation and child support. This weekend i walked with my son to the post office to check the mail. After checking there were friends of mine sitting outside the bar next door (li...

    Peggy’s Answer

    If you were served with an OP hire a lawyer to defend you and appear. You are not likely to get anywhere with trying to file any charges against her.

    See question 
  • When should contact a lawyer when I think my wife is setting up for divorce

    I have a op against me and can't talk to her.we have the op hearing coming of August 10

    Peggy’s Answer

    Hire counsel to represent you in the OP hearing and the divorce. Do not delay.

    See question 
  • Looking for a good, aggressive Divorce Attorney that will work with me!!

    I am looking for a good Divorce Attorney that is aggressive.. I just want things divided up and over with. I am tired of her taking me to court all the time for anything she can think of and my attorney just sitting there, never doing anythin...

    Peggy’s Answer

    Use the FIND A LAWYER tab above. I would look for a lawyer who get the job done and not necessarily an aggressive layer although that is a subjective word.

    See question 
  • Who pays for uncovered medical costs billed by insurance?

    My ex and I were never married but have 2 children together. Both my kids are currently under my health plan, but there is nothing regarding who pays the bill for uncovered expenses. My kids live with my ex and she has full custody. Should the bil...

    Peggy’s Answer

    If you have no parenting order that covers this issue then you two will have to return to court and let the court decide. It is likely to be a 50/50 order, try to reach an agreement and enter an Agreed Order in court.

    See question 
  • Ex refuses to modify visitation by 1 1/2 hrs (work schedule) refuses to offer alternatives, thus denying any visitation at all?

    My fiancee's ex is refusing to work with him to slightly modify his visitation (two 2 hour weekly visits) by ninety minutes so that he can work his full shift and still have his parenting time. The hours were determined over a year ago, and he got...

    Peggy’s Answer

    He needs to return to court to modify his visitation schedule. He has a change of circumstances with his new job. His ex does not get to decide this matter because once he files the court will.

    See question