David Matthew Gotzh’s Answers

David Matthew Gotzh

Schaumburg Child Support Lawyer.

Contributor Level 20
  1. Can I file a motion for my ex to share all of his subpoenaed information regarding our custody trial with me? what's that called

    Answered 8 months ago.

    1. David Matthew Gotzh
    2. Robert Alan Cohen
    3. Judy A. Goldstein
    4. Gary L. Schlesinger
    4 lawyer answers

    1) Requesting copies of subpoena material is called a 204(a)(4) request. 2) Outside of that, requests pursuant to 213 and 214 of the Illinois Supreme Court Rules may cover what you need in terms of information sharing 3) You can't issue a subpoena yourself, but you can have the clerk serve one out via the Sheriff or Special Process Server - and the info you subpoena for third parties would (probably) be limited to a rider request for purposes of deposition or trial. Don't forget the...

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  2. What kind of atty is needed here. Son died. ex-husband holding ex-wife's son's body in hostage for 25 yrs. Bitter she divorced.

    Answered over 2 years ago.

    1. David Matthew Gotzh
    2. J. Richard Kulerski
    3. Paul A. Smolinski
    4. Henry Repay
    5. John K Lassen
    5 lawyer answers

    Start with talking to a Probate Attorney first. Contact your county bar for an affordable referral.

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  3. I am half way through a collaborative divorce. Is it normal to feel that my attorney sides with my ex?

    Answered over 1 year ago.

    1. Elizabeth M. Feely
    2. Judy A. Goldstein
    3. Gary L. Schlesinger
    4. David Matthew Gotzh
    5. Peggy Margaret Raddatz
    6. ···
    6 lawyer answers

    This is precisely why I don't do collaborative divorce. Nothing gets done without hard deadlines (Although CollabDiv attorney's will disagree with me on this). Now I won't jump into whether what's going on is right or wrong; I'm just going to cut to and say it's up to you. Either bite the bullet and continue forward, or try a different route. Because that's the bottomline once we're done getting all this stress of your chest - either continue doing what you're doing, or go to court and...

    9 lawyers agreed with this answer

  4. My wife wants a divorce. Am entitled to half our assets? No children involved

    Answered over 1 year ago.

    1. Conor Edmond Malloy
    2. David Matthew Gotzh
    3. Peggy Margaret Raddatz
    4. Judy A. Goldstein
    4 lawyer answers

    First you have to determine what is, and what's not, a marital asset. What you think is marital, might not be - or vice versa. Then, if it advances to trial, the court does an equitable division; most of time it's be somewhere in the ballpark of 50/50, but I've done one where the judge ordered 65/35 (Fortunately for my client, we were on the good side of that breakdown). So each case is different. Talk to a family law attorney in your area for specific guidance.

    9 lawyers agreed with this answer

  5. Illegal Alien obtaining child support

    Answered over 1 year ago.

    1. Conor Edmond Malloy
    2. Alexander Joseph Segal
    3. David Matthew Gotzh
    4. Stephen D. Berman
    5. Alexus Paul Sham
    6. ···
    6 lawyer answers

    Status is only a factor for custody, and often times, a limited factor at that. Contact HFS or a family law attorney in your area for specific guidance.

    9 lawyers agreed with this answer

  6. What if I do not know where my spouse is?

    Answered over 2 years ago.

    1. David Matthew Gotzh
    2. Peggy Margaret Raddatz
    3. Michael A. Meschino
    4. Gary L. Schlesinger
    5. Richard Jay Sorman
    5 lawyer answers

    You must make a good faith effort to locate your spouse for purposes of service. However, after exhausting reasonable efforts, you can move for a "publication" divorce. This is where the divorce is published in an approved newspaper, thereby giving "notice" to your spouse. The court will only have jurisdiction over the divorce - it will not be able to divide assets, debts, property, etc. Talk to an attorney in your area for specific guidance.

    9 lawyers agreed with this answer

  7. Isn't it illegal when insurance companies make a low offer to unrepresented people vs a higher one to lawyers?

    Answered over 2 years ago.

    1. Todd Nathan Hendrickson
    2. David Matthew Gotzh
    3. Stephen Laurence Hoffman
    4. Daniel G. Galivan
    5. Salim John Sheikh
    6. ···
    8 lawyer answers

    No. In either scenario, you have the right to reject the settlement and take your case in front of a judge and jury. In either scenario, you have the right to reject or counter-offer. A settlement is a negotiated process outside of court. So in short, it's perfectly legal and logical that a company would low-ball someone with no trial experience and lacking a legal education.

    9 lawyers agreed with this answer

  8. My ex- husband won't give me a copy of his tax returns?

    Answered almost 3 years ago.

    1. David Matthew Gotzh
    2. Bruce E. Burdick
    3. Judy A. Goldstein
    3 lawyer answers

    No. If the decree requires it, let him know you will file a motion with the court - if you retain an attorney, you can get your attorney fees reimbursed under favorable "rule to show cause" verdict. Generally the threat in and of itself is sufficient to clear things up. If all else fails, talk to an attorney in your area for specific guidance.

    9 lawyers agreed with this answer

  9. My name was forged on divorce papers

    Answered over 2 years ago.

    1. David Matthew Gotzh
    2. Judy A. Goldstein
    3. J. Richard Kulerski
    3 lawyer answers

    The dissolution is valid unless a motion to vacate the judgment is granted.

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  10. Can I file for a motion to dismiss filed divorce if there are no grounds for divorce?

    Answered 10 months ago.

    1. David Matthew Gotzh
    2. Gary L. Schlesinger
    3. Jeannie Marie Ridings
    4. Judy A. Goldstein
    5. Peggy Margaret Raddatz
    6. ···
    7 lawyer answers

    Odds are you'll file it, and then by magic, judge will let dad amend his complaint. But who knows. You can file a motion to strike, or a motion to dismiss, but as I often tell my prospective clients that if the spouse wants a divorce, they will eventually get it. So motion practice like this, in my opinion, only buys you time. Talk to a family law attorney in your area for specific guidance.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

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