Wes Cowell’s Answers

Wes Cowell

Chicago Divorce / Separation Lawyer.

Contributor Level 19
  1. If I filed a petition for maintenance can I amend it & refile?

    Answered 5 months ago.

    1. Michael Scott Schiffman
    2. Wes Cowell
    3. Dean Taradash
    4. David Matthew Gotzh
    5. Michael B. Dedio
    5 lawyer answers

    Yes; petitions are amended all the time. Talk with your lawyer. If you don't have a lawyer; hire one.

    8 lawyers agreed with this answer

  2. If my income is derived solely from a revocable trust set up before my marriage, can my soon to be ex-wife pursue thie assets?

    Answered 12 months ago.

    1. Judy A. Goldstein
    2. Wes Cowell
    3. Andrew J. Harger
    3 lawyer answers

    Assuming there aren't some other facts you're not sharing, your soon-to-be-former wife cannot pursue the "assets" (the "corpus" of the trust.) She CAN, however, go after the income from the trust for purposes of child support or for maintenance. Get a copy of the trust document and talk with your lawyer. If you don't have a lawyer, hire one.

    8 lawyers agreed with this answer

  3. Do I now have to pay child support to my ex if he used to pay but got fired from his job and has chosen to become self employed

    Answered about 1 year ago.

    1. Judy A. Goldstein
    2. Wes Cowell
    3. Peggy Margaret Raddatz
    4. Andrew J. Harger
    5. Jeffrey Morris Jacobson
    6. ···
    8 lawyer answers

    No, that's not right. You need to work with a lawyer. Call your attorney. If you don't have an attorney, hire one.

    8 lawyers agreed with this answer

  4. Judgment reads ""Petitioner shall continue to provide health insurance for the minor children through his employer"

    Answered about 1 year ago.

    1. Wes Cowell
    2. Michael R. Stetler
    3. Christian K. Lassen II
    3 lawyer answers

    Good God, man, how many times do you have to ask the same question?!?! No matter how frequently you ask, the answer won't change. Go back and read the previous answers.

    8 lawyers agreed with this answer

  5. If I file a motion pre-se for support, what are the odds I will win? Ex wife does not pay but now making enough per divorce.

    Answered about 1 year ago.

    1. Wes Cowell
    2. Anamaria Frances Cousineau
    3. Tina Marie Fox
    4. Elizabeth Marie Vonau
    4 lawyer answers

    My experience is that a lawyer almost always wins over a pro se litigant. In fact, it rarely gets to the win/loss conclusion. An experience attorney is usually able to knock out pro se pleadings and keep them so tied up in legal technicalities that they soon give up and forget about going back to court. Don't let that happen to you. You're probably only looking at a few hundred dollars in legal fees to get the help you need. Finally, regardless of how much money she makes (even...

    8 lawyers agreed with this answer

  6. When income goes up but child support is the same, am I at risk for paying "back support?" What about a new spouse's income?

    Answered about 1 year ago.

    1. Wes Cowell
    2. J. Richard Kulerski
    3. Conor Edmond Malloy
    4. Lee Alan Thompson
    5. Michael Sherwin Strauss
    5 lawyer answers

    Generally, there is no retroactive relief when it comes to child support. Don't be so sure, however, that your papers DON'T require you to notify him of an increase in your income. Your new husband (congratulations!) should be off Scot-free. His only risk would arise if he supported you; for example, is you stopped working and lived the life of a stay-at-home housewife.

    8 lawyers agreed with this answer

  7. I filed a motion disputing my child support. It's set for a status but I decided I no longer want to pursue it. How do I drop it

    Answered over 1 year ago.

    1. Wes Cowell
    2. Judy A. Goldstein
    3. J. Richard Kulerski
    4. Roger William Stelk
    4 lawyer answers

    Go to court on the status date and enter an order dismissing the motion.

    8 lawyers agreed with this answer

  8. How can I save my home with no mortgage, and a cheating wife, and I have 3 children and none with her.

    Answered over 1 year ago.

    1. Ray Choudhry
    2. Wes Cowell
    3. Gary L. Schlesinger
    4. David P Gonet
    4 lawyer answers

    You need to hire a lawyer. Make some phone calls. Wes Cowell 866-987-6723

    8 lawyers agreed with this answer

  9. Is furniture purchased during the engagement, but before the actual marriage personal property or marital?

    Answered over 1 year ago.

    1. Wes Cowell
    2. Elizabeth M. Feely
    3. Peggy Margaret Raddatz
    3 lawyer answers

    The cases all say that HOMES purchased in contemplation of marriage MAY end up being classified as marital property. I know of no case that says furniture purchased in contemplation of marriage may be considered marital property. Wes Cowell 312-987-9999

    8 lawyers agreed with this answer

  10. Delinquency: My lawyer states he cannot ask for past due child support.

    Answered over 1 year ago.

    1. Wes Cowell
    2. Gary L. Schlesinger
    3. Peggy Margaret Raddatz
    4. Elizabeth M. Feely
    4 lawyer answers

    It was perfectly proper to leave the lines blank in the original order and it doesn't bar you from collecting an arrearage. The forms that are used include this "Delinquency" language thanks to a law that dates back to 1997. It was supposed to be self-executing -- so when an obligor was laid off and fell behind, then was re-hired and started playing catch-up on his support, everyone knew exactly how much to budget for the arrearage to be caught up. In the current economy, nothing is...

    8 lawyers agreed with this answer