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Barry Cahn Boykin

Barry Boykin’s Answers

1,237 total


  • Can I avoid alimony to my foreign spouse living in DR?

    We married two years ago, she still in her country, I met somebody and engaged and don't want her to come to USA anymore, never file petition in her benefit, no kids, no properties and we got married at her country, can I divorce here in USA witho...

    Barry’s Answer

    (I'm assuming that "DR" means Dominican Republic)--You may benefit from seeking the advice of counsel licensed to practice in that jurisdiction, or a firm with offices both in the U.S. and the Dominican Republic, if possible. The question may involve potentially complicated issues of personal jurisdiction over the absent spouse, choice of law, and recognition of judgment obtained in one country by the other country. A degree of caution is important : the Dominican Republic developed a reputation for persons seeking to get a "quickie" divorce in that country, with the divorce decree in that country not always recognized here.

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  • Illinois child support

    I have never been married and have 1 child. My mother cosigner a house with me 5 years ago. My child support was just settled on my 19 month old daughter last week at 20% of my net income. I also just sold my house. Is she entitled to any of the m...

    Barry’s Answer

    Child support is determined on "income from all sources". In almost all cases for a wage earner, then it is a percentage of net pay--20 per cent is correct for one child. The proceeds from the sale of an asset would generally not be considered "income" for child support purposes. If your support was "settled" by court order, then the other parent would have to ask the court modify the existing support order if the amount of support is insufficient to meet the child's needs.

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  • I got into an a fight with my parents. In the fight i expressed how i wanted to leave and they said they didn't care.

    I am 17, so if i leave? They gave me permission, but if they change their mind how would that work? I have a place to stay, i have a job and i am attending school.

    Barry’s Answer

    There are at least three main considerations for a 17 year old living apart from their parents:

    One, parents still have a legal obligation to support a child until the child is 18 (or 19, if the child hasn't graduated from high school).

    Two, will the 17 year old be able to self support as well as the support provided while living at home. From a purely financial standpoint a child who leaves home early saves his or her parents approximately $13,000 a year in expenses according to the USDA. (US Dept of Agriculture).

    Three, will a 17 year old be able to live safely on his or her own apart from parents?

    On the National Runaway Safeline the following information is provided:
    "One thing that we can do here is help youth conference with local agencies. If you felt like you want to talk to someone at your local police department to see if you can get more information and aren’t comfortable doing so on your own, you could call our hotline, 1-800-RUNAWAY and we could help you conference a call with the local police. Since we’re a confidential hotline, you would be able to remain anonymous while doing this. There may also be other local resources that might be able to help you figure all this out. In Illinois there is an agency called CCBYS (Comprehensive Community Based Youth Services), 1-888-816-3264.

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  • Does a dietician have to oversee the menu in county jail, I am type 1 diabetic, the food was so bad my blood sugar avg450 4 2wks

    I was given my insulin by the jail guards, don't they have to have there CNA license to pass any meds???Also was told i couldn;t have my commissary bc i was to eat there food only even tho it was carbs out the ass, I would have 6pieces of bread on...

    Barry’s Answer

    Yes, there are certain food safety requirements that are to be followed by the county jail. The staff responsible has to handle a large jail population--some of whom have special dietary needs. The Dept of Corrections website explains:
    "The Cook County Department of Corrections (CCDOC) is one of the largest (96 acres) single site county pre-detention facilities in the United States. Primarily holding pre-trial detainees, the Department admits approximately roughly 100,000 detainees annually and averages a daily population of 9,000"

    So a large group, with a limited budget to maintain the needs. This would be a "Prisoner's Rights" area of the law that it might be good for our lawmakers to address.

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  • Attorney in Fact: Authority to compel disclosure of document signed.

    A few years ago, I was given power of attorney to sign a contract for and on behalf of a principal. The power of attorney has long since expired. I am not a party to the contract, but I am a signatory to it. I am permitted to compel disclosure of ...

    Barry’s Answer

    The key to the answer is the point that you are "not a party to the contract". Therefore, there is no right to compel "disclosure" of a contract to which you are admittedly not a party--especially in the case where the original authority to sign on behalf of the principal has expired. This assumes however that the contract had a legal purpose.

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  • Guardian ad Litem

    Can my exs attorney talk to the Guardian without me being present or the attorney telling me he's going to talk to the Guardian about particular things? I think he's been talking to him behind my back and I thought all of us needed to talk togethe...

    Barry’s Answer

    In child related matters, the court has the power to appoint a "Guardian ad Litem" who makes an independent investigation and makes a report to the judge. Section 506 of the Illinois Marriage and Dissolution of Marriage Act provides that:

    "the guardian ad litem shall testify or submit a written report to the court regarding his or her recommendations in accordance with the best interest of the child. The report shall be made available to all parties. The guardian ad litem may be called as a witness for purposes of cross-examination regarding the guardian ad litem's report or recommendations. The guardian ad litem shall investigate the facts of the case and interview the child and the parties."

    This appointment of the Guardian ad Litem does not require all parties to be present during all phases of the investigation.

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  • Legal Timeframe to report Domestic Violence case in Illinois?

    From the day Incident happened, within how many Days/Months a person MUST report Domestic Violence case to Police in Illinois? And what will happen to the case if it's not reported within that Timeframe? Will the Police accept the case/evidence or...

    Barry’s Answer

    Your question seems to imply that a crime has been committed, however "domestic violence" is not always tried as a "crime". The victim of domestic violence has a choice to have the matter charged as a crime (depending on the seriousness of the offense) or as a civil matter resulting in a "Civil Order of Protection". The time frame varies depending upon the facts of the particular case. The time period for an underlying crime may be anywhere from 18 months to 3 years. The prosecutor makes the decision whether to proceed in a criminal matter in cases where the time period has not elapsed. If the time period has expired, then the case will not be brought--that's the purpose of a limitations period.

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  • My consent order states, visitation says is "left up to the discretion of the minor children".

    Then it states, "Mother shall give Father notice of her intent to exercise parenting time pursuant to the following schedule 10 days prior to her commencing any parenting time. If Mother does not give Father 10 days via email, or US Mail then she...

    Barry’s Answer

    I agree with the good answers you have been given. At first glance, the agreement appears poorly written and inconsistent. It seems however that the two provisions may be reconciled in the following way: The children may have activities that they don't want to interrupt for a trip to Georgia, so a planned trip may be inconsistent with the child's prearranged activity--the soccer championship game, for example, that coincides with Mother's weekend. The additional piece is the other parent's own plans and schedule that involves the children--Father may have his own trip planned for Six Flags resort with the children for the same weekend. So, all parties should communicate with one another their plans, activities, schedules so that you come to an arrangement that works for everyone.

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  • Should I prepare a lawsuit and send it to the defendant before actually filing it in court?

    The defendant ignored my demand letter. Can I send him a draft of the lawsuit, telling him that if we don't settle I will file it in court or should I file it in court without a warning? Thanks for your help!

    Barry’s Answer

    Generally speaking, the purpose of your "demand letter" was to give the defendant a last chance to settle the matter peaceably before the bringing of your lawsuit. How many "last chances" should he be afforded? He's already had his warning by the letter--and ignored it. Further delay generally benefits the defendant in such matters--not the plaintiff. So--it's a matter of strategy. Depending on the subject matter, many recalcitrant defendants will ignore the actual lawsuit for as long as possible, let alone a mere "draft" of the complaint.

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  • In IL What happens if I don't want to testify for a domestic battery against my boyfriend in court after a subpeona?

    My boyfriend and I got into a really bad fight one night. I had been drinking and found out he lied about an issue so I punched him a few times. He hit me back and we continued to fight. I ended up with a very bruised and swollen face. I didn't ca...

    Barry’s Answer

    I agree with the answer you have been given. Please also consider speaking to a counselor trained in the area of domestic violence. There are many, many resources in the Chicago area. Often times the victim of domestic violence will blame herself, and excuse her partner. "It was all really my fault!" she will say. A counselor will help you gain additional insights not only to this incident but to any pattern that may be occurring that puts you at risk.

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