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Wes Cowell

Wes Cowell’s Answers

3,227 total


  • 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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  • Do I have to go to court date if paperwork never been served to me?

    My husband's girlfriend has order of protection from our 7 y.o. daughter till feb.2017...and wants to remove it faster..she fed a motion but papers never been served to me... Do I still have to go to court? My husband just texted me the date...

    Wes’s Answer

    You should work with a lawyer to preserve the OP. You don't HAVE to go to court; but not much good will come from the "let's-just-ignore-it" strategy. Courts have been known to make mistakes from time to time. What if the OP is terminated and the GF can then spend lots of time with your daughter? The better path is to work with an attorney and ensure the protection your daughter deserves.

    You may find more help at the link, below.

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  • Are their other options when it comes to collecting back child support?

    In 2003, we went through court and agreed to get mediator for an amount for child support. I gone back and forther over and over to child support building. All they can give me is a paper stating his negative balance. He claims he works they run ...

    Wes’s Answer

    • Selected as best answer

    The thing about working with the State is, it's free. The bad thing is they don't really do very much. You should work with a lawyer to get the job done. Throwing him in jail would probably be a good place to start. Why not start there? You might find some helpful information at the link, below.

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  • Visitation

    My parenting agreement States 2 weeks two full weeks during summer months June July and August does this mean I get two weeks each month totaling 6 weeks

    Wes’s Answer

    You should ask the lawyer you paid to write up or approve the agreement.

    Who wrote the agreement?

    Courts apply the rules of contract interpretation when deciphering the language in a parenting agreement. Chief among these is to implement the intent of the parties and to apply the plain meaning of the words used.

    It seems to me that what you have, here, is an understanding that you would have two weeks vacation during the summer -- and then you defined "summer" as being the three months of June, July, and August. SO, your two weeks of summer vacation couldn't start on the last day of May, nor (more likely) could you tie it to the Labor Day weekend and have your two week vacation spill over into September.

    If you paid a lawyer, you should get some free help from him or her to offset the sloppy drafting. If you did not hire a lawyer before, you'll now have to pay to clean up the mess wrought by your frugality.

    The link below should offer some helpful guidance.

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  • Question about mixing evidence from two cases

    My ex husband and ex boyfriend have the same attorney. My ex boyfriend is currently charged with a sexual crime against me and my ex husband and I are hVe a custody trial. They have the same attorney. The attorney is using information and evidence...

    Wes’s Answer

    If you don't know the answer to your question, you've reached the point where you need a lawyer's help. Hire a lawyer. If your former husband can afford an attorney, that means you should be able to, also.

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