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Wes Cowell

Wes Cowell’s Answers

3,288 total

  • 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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  • How can I report my son's father to his parole officer?

    He was paroled to my home 2yrs ago. He has 1yr left on parole. He has moved out 5mo ago and has not reported it. He also has a terrible marijuana habit, no job, going out of state to sell drugs, and throws me pennies for our 1yr old whenever he fe...

    Wes’s Answer

    • Selected as best answer

    Sounds like he's a great dad and your only beef is that he's not paying enough in support. Ratting him out to his PO will only hurt your son. Why not work with a lawyer to encourage Dad to get a job and start paying support?

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  • Skype visitation

    Ex husband has reappeared after a couple years and has been skyping with my son for about 4 months. Recently he's been telling my son that he's going to have a step brother and sister because he's getting married. I emailed and told him that he n...

    Wes’s Answer

    Supervised visitation is out of the question. Your son has a right to know about the rest of his family. Kudos to Dad for doing his part to keep his son informed.

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  • If a 3rd person records a wife threatening and abusing a husband, can the recording be used in divorce proceedings?

    The wife doesn't know she is being recorded. 3rd party is sitting in the room in plain sight. Wife yells at husband or talks openly about her abuse of husband. In some recordings she is speaking to husband directly and other recordings she is spea...

    Wes’s Answer

    I disagree with the other answers. I think the correct answer is "it depends." It's okay to record someone as long as you do it openly or, if you do it surreptitiously, you have to have a good reason. Read below and then you might want to follow the link, below, for more info.

    Eavesdropping is a crime under Illinois law. The old law made it a crime to record ANY conversation without the consent of those being recorded. So, if you recorded your kid at a soccer game and happened to catch the conversation of a couple of other parents . . . you were guilty of eavesdropping and could face criminal liability. The bulk of that law was (like the bulk of the current law is) directed at preventing citizens from recording or wiretapping the police. The old law was trying to address a situation where criminal gangs were actually planting "bugs" in police headquarters to get advance notice of police activity and raids. It was so broad in its reach, however, it was used by the police (and state's attorneys and judges) to prevent citizens from recording activity in open places (like, court rooms and city streets). That law was held unconstitutional in People v. Melongo and People v. Clark on 24 March 2014.

    The new law didn't go into effect until effect 30 December 2014. So, for nine glorious months in 2014, Illinoisans were free to eavsesdrop and video-record anyone and everyone in any situation to their hearts' content . . . except for the federal law. Those nine months were a good time for divorce lawyers. Spouses finally had a way to get dirt on each other that would hold up in court. Lawyers loved it because it got us away from the "he-said / she-said" squabbles. Video is great evidence.

    The new law says that there are exceptions that make it okay to record other people. The first exception is if you're open about the fact that you're recording. Recording your kid at a soccer game, or your spouse in a drunken stupor (or anyone) is okay and the recording may be used as evidence as long as you're open about it and not doing it surreptitiously, In fact, that's the word the law uses: "surreptitiously." The law even defines it:

    "(g) Surreptitious. For purposes of this [law], "surreptitious" means obtained or made by stealth or deception, or executed through secrecy or concealment."

    So, if you want to record someone and just pull up your phone's video camera start to record and have your phone out in the open and say "I'm recording you," there should be no problem. If the person being recorded says "I don't want you to record me, I don't consent to the recording, and I want you to turn that video off;" so what? Who cares what that person wants? As long as you're not being surreptitious about it there shouldn't be a problem. Of course, you can't get all up in their business and harass them -- that's a crime. But openly recording others is okay under Illinois law.

    The other exception is when you reasonably suspect that a crime is about to be committed (or has already been committed) against you or someone in your household. You have to be a party to this conversation, too. You don't have to be open about it -- you can be surreptitious -- but you DO have to be part of the conversation. Here's what the law says:

    Sec. 14--3. Exemptions. The following activities shall be exempt from the provisions of this [law]:
    (i) Recording of a conversation made by . . . a person . . . who is a party to the conversation, under reasonable suspicion that another party to the conversation is committing, is about to commit, or has committed a criminal offense against the person or a member of his or her immediate household, and there is reason to believe that evidence of the criminal offense may be obtained by the recording.

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