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Wes Cowell

Wes Cowell’s Answers

3,221 total


  • What does "Joint Custody" actually mean?

    When my ex and I got divorced, I took one child and she took one but we decided on joint custody. I'm not clear on what that actually means. The child that I had is now 20 and lives on his own. And the other child is 14 and wants to live with me. ...

    Wes’s Answer

    Joint custody means "joint decision-making power." It does NOT determine where the child lives. If you and your former spouse agree to the change in living arrangements, have a lawyer write up an agreement, you both sign it, and then have the agreement signed by the judge and entered in the court's record. If you and the other parent cannot agree, work with your lawyer to do what needs to be done to serve your child's best interest.

    You'll find a lot more information at the link, below.

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  • What is the easiest way to set up joint custody across state lines?

    I live in Illinois, my son's father lives in Missouri. He wants joint custody. I want to move in a couple of years to be closer to my family. I'm afraid if we go to court it will be held against me for knowingly having a child with a married man....

    Wes’s Answer

    The easiest way is to hire a lawyer and get it done. Your case must be handled in Illinois, not MO. The fact that he's married has nothing to do with anything. Hire a lawyer.

    The link below has more information.

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  • State of Illinois bounced a Child Support check

    The ISDU bounced a check for my Child Support. Now the bank is refusing to cash any more checks and want me to pay the bounced one. The issue seems to stem from a typing error. My checks are usually $179.08 but it came in $179.80. I didn't not...

    Wes’s Answer

    Thanks for sharing. If you have any questions, feel free to post them.

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  • Trying to get some custody for my kids

    My children's mom moved to Michigan how can I get some custody for my kids since I dnt really get to see them as much! Only when she wants and feels like it

    Wes’s Answer

    You can't get "some custody." I think you're talking about parenting time, a/k/a "visitation." To get that, you'll have to go to court. You should hire an attorney. Whether you go to court in Illinois or Michigan will depend on how long she and the kids have been away from Illinois / in Michigan.

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  • Can I get divorce on grounds of husbands emotional and mental abuse? What are my rights?

    Married 21 years. 3 children but 2 are out of house, 16year old wants to stay with mom but have easy access to visit dad frequently. This is not a problem for either spouse.

    Wes’s Answer

    Without more information, it's hard to say whether you qualify for grounds of "mental cruelty." If "this is not a problem for either spouse," however, why do grounds matter? Why not just proceed with irreconcilable differences and work out your agreement?

    The link below has more information.

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  • Can a judge order that custodial parent allow 16 year old to drive to non custodial parents for visitation in illinois.

    My daughter turned 16 in March. Her father has had primary custody for the last two years and I now have visitation. He won't allow her to drive to my house for visitations making it to where I am still responsible for all transportation during my...

    Wes’s Answer

    You need to work with an attorney, on this. Talk with your lawyer. If you don't have one, you need to hire one. Transportation for visitation is supposed to be dealt with in the court's order. Children should not be burdened with handling their own transportation. The parents should share the transportation burden -- unless you moved far away from Dad and child, in which case the transportation burden would fairly rest with you, alone.

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  • How do I get a review of the child support owed to me?

    My X husband was ordered to pay 20% of his income in child support. His employer takes it out of his check and sends it to my county and they send it to me. That was 10 years ago and he will not tell me how much he makes. I'm sure his income has g...

    Wes’s Answer

    Work with a lawyer to modify support. Once your papers are on file with the court, your ex will have to provide you with proof of his income. Once that information is disclosed, modifying the support is pretty straightforward. It's easy.

    I suspect you've done nothing over the years because you've believed that you could not afford an attorney. If that's the case, the link below may be helpful for you

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  • Can you sue someone for making threatening text messages?

    Have a crazy "unhappy" customer texting me threatening and vulgar messages like how he's going to rape me (we are both male)and come to my office. I have a police report but worried he's going to show up late at night. I found out he is a prominen...

    Wes’s Answer

    What you're talking about is called "intentional infliction of emotional distress."

    The link below has more information.

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  • Husband deported 4 years ago and set child support

    Husband deported 4 years ago was paying child support for 2 kids with ex girlfriend now that he has visa is there a way that he can get an extension or is there a way that he can pay the back child support in payments along with regular payments

    Wes’s Answer

    What's the problem? I think you're trying to say that your husband owes child support for two kids he had with a former GF. He didn't have proper documents and was deported. In his home country he obtained a visa and has returned to the U.S. and now he wants to get caught up on past due child support. What's the problem?

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  • Do I have to get a lawyer in order to divorce even if it's mutual and we are not fighting?

    My husband and I have been married for 14 years, have 3 children and have a house. I asked for the divorce and he asked me to move out, he wants the kids to stay there with him also. I want to know what rights I have because I am currently looking...

    Wes’s Answer

    Don't leave the kids, don't leave the home. If he doesn't want to be around you, HE can leave.

    You need a lawyer, you're not going to negotiate your way out of this with him. Gather whatever information you can on your husband's income (pay-stubs, tax return) and assets (bank statements) and call some lawyers. Call friends, family, church, etc. to help you put together a retainer.

    Do NOT move out.

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