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Wes Cowell

Wes Cowell’s Answers

3,311 total

  • How can I get a child support for my two kids from the biologocal father?He does not live in the USA.He lives in Bulgaria,Europe

    My kids and me live in Bulgaria since 2009. we can't go back to Chicago where we used to live because I can't afforded.I am american citizen,my kids are born in Chicago.The biological father is bulgarian and he bring us in Bulgaria to marry m...

    Wes’s Answer

    You need to start child custody and child support proceedings in Bulgaria. Once you have a court order for child support, THEN contact a lawyer in Illinois. If you have a court order for child support, enforcement in the U.S. is fairly easy and straightforward.

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  • What are appropriate sleeping arrangements for visitation?

    My ex has visitation every other weekend (Saturday night-Sunday). I have sole custody. Kids are 12 &7(boy and girl), and he has 2 bedroom apartment. My daughter isn't wanting to sleep over and will cry about going, but is fine spending the day. It...

    Wes’s Answer

    In the situation you describe beds are appropriate, air mattresses are not. These kids are in school and, presumably, losing sleep when stuck on an air mattress. Visitation may be modified whenever it would serve the best interests of the children.

    Hire a lawyer. Go to court to modify visitation to eliminate overnights until the sleeping arrangements can be addressed. Dad will almost certainly respond by buying a bed (he'll put money into beds rather than a lawyer). Problem solved. It Dad holds to his "I-can't-afford-it" line, ask the judge to limit visits to "no-overnights" and that will open the door to looking into his finances that can afford a big entertainment budget while ignoring the kids' needs.

    THe link below, will help.

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  • Sons father was around rarely for the first year and three months of his life then disappeared for nine months now want to visit

    I allowed him to visit yesterday. what are my rights regarding the visits (his new wife wants to set the rules when where and how long the visits can be) and can I file for abandonment?also his new wife will not let him visit if she is not there ...

    Wes’s Answer

    It sounds like you were never married to your "son's father." Assuming that, then there's nothing to talk about re: "abandonment."

    The child has (and you and Dad have) a right to a parenting schedule set down on paper so everyone knows when the child will spend time with Dad. The dates, times pick-up and drop-off locations, defining holidays (is Thanksgiving Thursday only, or is it a five day "Fall Break?"), and for a child this age, even the child's meal-snack-nap and bath-books-bed schedule should be included.

    You should work with a lawyer.

    Absent some evidence that her presence "seriously endangers" the child, the step-Mom cannot be excluded. That's Dad's call. You should probably lower your guard on this one, however. Your child has a right to get to know his/her step-Mom and, over the years, her cooperation and alliance with you almost certainly will come in very handy.

    Pick up the phone and call a lawyer. The links below, will help

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  • My ex wife didn't file a quick claim deed.

    My divorce was final 1/2014. I signed a quick claim deed for a rental unit over to my wife. I have received no monies from this property since 10/2012 when we separated. She was supposed have the deed recorded and never did. I need to show proof t...

    Wes’s Answer

    Most lawyers would have helped you take care of this when the divorce concluded. Call the lawyer you worked with and ask her what gives. She should be able to follow up and get this cleaned up and make sure you don't have to pay those taxes. You probably won't have to pay any attorney's fees, either.

    If you didn't have a lawyer, you need one, now.

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  • CHILD SUPPORT LEGALITIES?? Emailing for over a year to Child Support for help NOn custodial lied about income?? WHAT CAN I DO

    Dept of Child Support is representing me. I have repeatedly asked them for a year to hold him in contempt for failure to pay, LYING ABOUT WHAT HE MAKES BY $30K (mediation notes contradict himself) and failure to report new income/employer to the ...

    Wes’s Answer

    Having never married doesn't complicate things in any instances.

    Your problem is you're using the state as your legal representative. That's nice because it's free. It's not nice because it's true that you get what you pay for.

    You should hire an attorney.

    Yelling at the state to seek contempt won't get you very far. Working with a private attorney, will.

    Stop calling your State Rep. and start calling some lawyers.

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  • My husband owes arrears, when changing my last name after marriage does it matter financially if my name is hyphenated or not?

    My husband owes over 100000 in child support arrears to the state of Michigan. We were married and reside in Illinois. I want to change my last name but do not know if I should take on his last name or hyphenate to avoid any financial recourse fro...

    Wes’s Answer

    Changing yoru name is no big deal. Putting HIS name on assets will spell disaster. Even being associated with him can cause problems. In Illinois, where a child support recipient can show a "unity of interests" between a deadbeat and someone else (you) the recipient can go after assets. So, if you and your husband own a house but the house, car, and bank account but they are all held in your name, the support recipient could try to show a "unity of interests" in those assets and slap liens on all of them.

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  • What happens after I file a Disclosure assets fraud?

    We are divorcing. My husband claimed on Mortgage refinancing disclosure that he pay me $1.1/mo. Its not true. He pays only ~$300 for child. He included 2 more properties shared with his previous wife as his properties on Mortgage Disclosure. These...

    Wes’s Answer

    Okay, so he lies on bank loan applications. You have no obligation to do the bank's due diligence for them. If you rat him out, it will likely only hurt YOU in the long run.

    Work with a lawyer to use the documents to your advantage in the divorce case.

    It sounds like you're trying to negotiate this thing, yourself. Do yourself (and your child) a favor by hiring an attorney.

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  • How can I get child support to consider my cost of living expenses if they are considering that of the custodial parent?

    I have modified, appealed, spoken to a child support representative who assured me they consider both parents cost of living expenses. I feel I am being discriminated against due to child support employees stating and I quote, "we don't work for y...

    Wes’s Answer

    I don't think DHFS is racist. I don't think they "take out more" for African American custodial parents as opposed to custodial parents of other heritages. They DO work for the custodial parent, however, and they do NOT work for the non-custodial parent. That's their job.

    You probably didn't fare to well with your child support hearing because it sounds like your tried to do it on your own instead of working with an experienced attorney. Now it's probably too late for an attorney to fix the damage that's been done. You don't get a do-over.

    Based on your gross of $2,100 (per month?), I estimate you should pay somewhere in the neighborhood of $500 (per month?). They've tacked on some extra to get you caught up on your delinquencies. I think They can go as high as 60% of your net (if you're single without any other dependents). Count your blessings.

    Get your papers together and call an attorney to see if there might be a way to undo the damage you've brought upon yourself.

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  • Can my ex lower his obligation for before school expenses because I moved, despite us having a court order?

    My ex is refusing to split equally (50/50) the cost for before and after school expenses. He says its my problem I moved 40 minutes away and that made him "unavailable" to watch her. He is calculating the amount based on 20 minutes only saying t...

    Wes’s Answer

    Call your lawyer and go over the language in your court orders. If you don't have a lawyer, you should.

    You've not included much information so it's impossible to clearly answer your question. It sounds like the understanding was that he would watch his child before and after school to help save the cost of a babysitter and, only if he wasn't available then you would resort to a paid babysitter. Is that what's going on?

    Since reaching the agreement memorialized in your order, things have changed. Your former husband probably would not have agreed to the terms if you had moved 40 minutes away BEFORE negotiating the terms. You and he should talk with your respective lawyers and revise the agreement. If you don't have a lawyer, hire one.

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  • Can I file for divorce even though husband is in Mexico?

    My husband is in Mexico, we have agreed to go our separate ways, we have 2 young children, school aged, the kids live with me, here in Illinois. We have been separated for about 6 years now.

    Wes’s Answer

    Yes, you may file even though he is in Mexico. Hire a layer.

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