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Shana Lynn Vitek
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Shana Vitek’s Answers

6 total

  • Can I leave 1 lawyer and find less expensive one?

    I hired a lawyer for my Divorce and paid retainer, all while stessing that this is all I had to my name $3000. He got things started, all the while I knew that it would be added cost at end. I wasnt aware that he was charging me $500 an hour and t...

    Shana’s Answer

    You always have the right to the lawyer of your choice, and it is not uncommon for a party to change lawyers while the case is pending. Especially with personal matters like a divorce, it is important that you have a lawyer you feel comfortable with through the process. If you no longer feel comfortable, it won't hurt to schedule a consultation with one or more other attorneys to see if it may be a better fit. If it is, the new lawyer could pick up where the old one left off fairly easily.

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  • The judgement for my divorce was signed and dated on January 13, 2011. Can I make a partial monthly payment?

    I understand that the effective date is January 13th, but I need to know if I pay the full monthly amount awarded or if make a payment for the amount owed from the 13th through the 31st for Jaunary's payment?

    Shana’s Answer

    You should consult your lawyer if you had one. It depends on the type of payment (property settlement, maintenance or child support) and whether any details were included in the agreement regarding the date of payments. It is often the case that child support and maintenance payments are made consistent with the payor's paycheck frequency. This detail may also be included on the Uniform Order of Support if you have one.

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  • Ex-husband not paying his portion of the credit card bills each month per the divorce the decree.

    As part of the my divorce decree my ex-hubands was suppose to pay one of the credit card bills each month or pay it off. He doesn't have the money to pay it off. He said he can't afford to pay the 250.00 a month. I have been paying the bill mys...

    Shana’s Answer

    You should consult an attorney who can file a Petition on your behalf, requiring him to comply with the Judgment for Dissolution of Marriage, pay any amounts advanced by you and requesting additional amounts for interest and attorney fees.

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  • If i cheated on my husband while we are married can i still get some of his retirement money. i feel like a roommate.

    ever since my husband had a mild heartattack our relation ship has gone down hill i feel no love from him at all he doesnt touch me look at me and we have no sexual relation for several years. i have talked to him about this and he has done nothin...

    Shana’s Answer

    Illinois is a no fault divorce state and so this will have no impact on the property distribution in your case. Your marital property will be divided "equitably" based on certain factors set forth in Section 503 of the Illinois Marriage and Dissolution of Marriage Act. You should consult an attorney to better advise you based upon the specific facts of your case.

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  • Can you get a divorced annulled?

    I was divorced in 2009 and I want to know if I can reverse that decision?

    Shana’s Answer

    It may be possible but it would depend on the specific facts of your case and why an anullment (declaration of invalidity of marriage) was not obtained in 2009. You should consult an attorney with the details.

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  • Ex is saying he won't pay his share of childcare expenses. The divorce decree dictates we each pay 50%. What can I do?

    We have two kids. Last year we had a full-time nanny, this year we had a part-time nanny and pre-kindergarten expenses. The cost is exactly the same as last year. My ex-husband states he does not want to pay all of the costs, specifically before-...

    Shana’s Answer

    This situation is pretty straightforward. There is a court order that has not been modified, so he is required to follow it. If he has willfully failed to pay, he is in violation of the order and will be held in contempt of court. This is not an issue that should be submitted to mediation, because it deals with financial matters. Money issues such as child support and contribution to expenses are not to be included in a Joint Parenting Agreement, and therefore are not subject to the mediation provisions that are included in those agreements. Examples of issues addressed in mediation are schedule changes and decision-making related to school and activities.

    The first step is to file a Petition for Finding of Indirect Civil Contempt (Also known as Petition for Rule) with the Court. You should attach the order that has been violated, and explain the specifics of the violation. The relief requested should be the money owed, plus interest. If you obtain an attorney, he should be required to pay your attorney fees pursuant to Section 508(b) of the Illinois Marriage and Dissolution of Marriage Act, which provides that a party who fails to comply with a court order shall pay the attorney fees incurred by the other party. If the daycare expense is a fixed amount each month, I would also request that his contribution to daycare be withheld directly from his check along with his child support payment. Regarding the life insurance, the same process regarding contempt will apply. You can file a separate petition or add it as an additional count to your petition regarding childcare.

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