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Wes Cowell

Wes Cowell’s Answers

3,227 total

  • Can my boyfriend put his name on my daughter's birth certificate

    I'm 6 months pregnant and my child's dad is a waste of time. He's into drugs has a record and demands that I just give him the baby after she's born. Legally can my boyfriend put his name on the birth certificate when she's born.

    Wes’s Answer

    Legally, no, you can't do that legally. Hire a lawyer to clean up this mess.

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  • My ex-husband is suing me for an overpayment of child support. Can he do that?

    The child support order was started through the IL Dept of Human Services-Child Support Division years ago because I was on Public Aid Assistance. So, the State of IL has been taking child support payments from him. Now, my son is 23 yrs old, and ...

    Wes’s Answer

    I respectfully disagree with the other answers in one particular. I think he might properly go after you . . . or the State. What happened was you received public assistance. The State then went after him to recover the taxpayer money that you received. If he paid all that back to the State, and then his child support payments started going to you, directly, then he should properly go after you.

    If, however, you received public assistance all along and all he was doing was repaying the state for the public aid you received, and then the State continued to take money from him after the public aid payouts had been recouped, then he should be suing the State.

    If he's coming after you, he has an argument, though not strong. You'll need an attorney.

    You can find more information at the link, below.

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  • How do I go about extending child support after 18 for college expenses? My divorce papers don't say anything about age of 18 or

    Do I need a lawyer or do I file at the court house?

    Wes’s Answer

    Child support ends when the child emancipates. That's defined in the law as when the child turns 18 or, if thechild is still high school upon graduation -- but in no event does support go beyond the 19th birthday.

    Child support will end. You may seek contribution to college expenses, however, at any time. Start early -- contribution to college expenses is a form of child support; and that means you cannot obtain relief retroactively. Any money you spend without the other parent''s contribution will probably be to your detriment and the other parent's gain.

    Follow the link, below, for more information.

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  • I'm paying child support for one job because of an iwo form being sent out. Will an iwo get sent if I get a second job?

    I'm in arrears for more than 12 weeks. I want to know if an iwo will get send out automatically to my second job, or if my ex would have to let them know before it is sent out.

    Wes’s Answer

    The existing order requires you to notify your ex, and the court clerk, of your new employment. When you do that, an Notice to Withhold should follow. If you try to sneak it by without telling her or the clerk, you'll probably be found out and have to pay and a penalty.

    Hire an attorney.

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  • My daughter is 15 and we have a court order saying when her dad is coming to town

    My daughter is 15 and we have a court order saying when her dad is coming to town She has to see him but he hasn't seened her in two years and she wants nothing to do with him what age can she legally say she wants nothing to do with him? He threa...

    Wes’s Answer

    What if she said she wants nothing to do with school and just wanted to do what she wanted to do and stay home and drink beer and watch youtube? Would you be online trying to find a lawyer to help her avoid school? Of course not. Part of your job as Mom is help maintain that relationship with her father and you don't do that by trying to help her thwart visitation.

    What does she have to do that is so much more important than spending time, and fostering a relationship, with her Dad?

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  • Do I qualify for an annulment?

    3.5 years ago my partner and I signed a marriage paper in the car one night (2 days before the date that appears on the form). Then I brought the document inside of the building and an ordained co-worker signed. He was ordained online via a place ...

    Wes’s Answer

    It sounds to me like you never married in the first place and, normally I'd say there is nothig to dissolve in a divorce and nothing to annul in an annulment. The problem, here, is that you signed a marriage certificate (not a license) and filed it with the Clerk. IS that right?

    If so, you probably have to do a "declaration of invalidity of marriage."

    There are a few links, below, that will have more information for you.

    You need to work with an attorney.

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  • How long does it take for a lawyer to get a petition ready for full custody of a child?

    Father is seeking full custody of child. Lawyer has been hired, but no petition has been sent out to either party and it has been a month.

    Wes’s Answer

    It takes about ten minutes to prepare. The interview and investigation behind the petition take a little longer. No more than a day, though.

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  • Need to know,: My ex-boyfriend, was arrested for drug trafficking, we have children, my concern is, what rights do I to protect

    my children from my ex, how has charges against him. he has 5 felony charge on him. What does the law say about child support and visitation rights? Taking into consideration he might still be doing it, Help Please I really would, love to know, wh...

    Wes’s Answer

    It sounds to me like you've never gone to court to establish custody or visitation. You don't mention that he has visitation rights so I assume he does not. If not, then he has no rights -- just keep the kids away from him. If he doesn't like that he'll have to go to court to seek visitation and you can bring up the drug business with the judge, then.

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  • What do I do if I don't consent to change of domicile?

    My spouse filed for divorce in Michigan and is trying to take our one year old girl to live in Nevada and I live in Illinois. I do not have legal representation and I feel like I have been left out of the loop during the court hearings in which I ...

    Wes’s Answer

    If you can't manage to get to Michigan to get to court hearing, how do you get to Michigan to see your daughter? Does your former wife bring her to you in Illinois?

    What can you do? Hire a lawyer. You need representation and you'll also have to attend at least SOME of the court hearings. Other than that, start looking in to travel deals to Nevada.

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  • What should I do if I cannot afford my child support

    I have been divorced for a little over a year. As with all non-custodial parents in Illinois, I was ordered to pay 20% of my net income to child support. My ex has been living in our old house (currently being foreclosed on) for more than 18 mon...

    Wes’s Answer

    At this point there's probably not much you can do. Child support may be modified at any time based upon "a substantial change in circumstances." You don't say that there has been any change in circumstances. No change in circumstances -- no change in child support.

    It's not true that "all non-custodial parents in Illinois (are) ordered to pay 20% . . . . " The child support law allows courts to deviate from the guidelines based on certain factors. You can follow the link, below, to learn more.

    At any rate, you and/or your lawyer had the opportunity to ask for a deviation from the 20% guideline and you probably didn't. It sounds like you just accepted the 20% figure as written in stone and that was that and know the reality is sinking in. That's too bad for you because you cannot win a modification without a "substantial change in circumstances."

    If, however, you have suffered some change in circumstances (layoff, reduction in hours, increase in expenses, etc.) then you can go back in to reduce your support obligation. The same is true, to a lesser extent, if the other parent has experience some unanticipated increase in income or reduction in expenses. Maybe she inherited some money or something?

    Be sure to work with a lawyer who knows what she's doing -- your last time at bat didn't go so well and you're paying the price for it, now. Follow the link, below, to learn more.

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