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David Matthew Gotzh
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David Gotzh’s Answers

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  • Need help I'm out of $ tried the bar legalaid no help seems lot more help is available if I was in Cook Co. Im in DuPage Ideas

    I need to file motion to reconsider and maybe appeal Had my son his whole life He'll be 13 this year ex's legal games caused me financial problems now I'm losing my son who wants to stay because of my financial problems, If the judge had decided o...

    David’s Answer

    A motion to reconsider or appeal has to be filed within 30 days of judgment or (generally) waived. That means "what's done, is done." Appeals and Motions to Reconsider are NOT do-overs. If your trial was poorly executed, then likely an appeal or Motion to Reconsider won't go anywhere.

    Talk to a family law attorney in your area for specific guidance.

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  • My ex accusing me of taking items that were his.

    I recently moved out of my excuses house. He is now saying I took items that were his. The items in questions were gifts he gave me and my kids.

    David’s Answer

    Unless it's a divorce case, generally he'll have to file a replevln complaint (new case, new judge, new filing fee).

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  • Can my ex become responsible for my mediation fees if she chooses not to participate?

    In court, I petitioned for a modified parenting schedule changing pickup/drop off times. The judge ordered mediation due to my ex not wanting to agree. She claimed she'd be homeless if she had to pay for it. The Judge ordered her to pay an equa...

    David’s Answer

    On top of that, you should be able to (Depending on the wording of the order) seek a reallocation of the mediator fees. Talk to a family law attorney in your area for specific guidance.

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  • Drivers License

    My drivers license is suspended for child support. I talked to the state and I can't afford to make the payment to get it reinstated. Can i get a hardship license?

    David’s Answer

    How/What you do is dependent on a lot of things we don't know. First, if your support order is 100% admin, you have to deal with HFS. Good luck, and may the odds be forever in your favor in that situation.

    But if your order is judicial, under 505(b) of the IMDMA, you can ask the judge to let you get an RDP (Restricted Diving Permit). Now most of the judge's I'm in front of in Cook County aren't going to give it to you for free. They'll almost certainly want some assurance that the support is going to be paid. Promises and swearing on a stack of bibles won't cut it.

    Good negotiating is key. Talk to a family law attorney in your area for specific guidance.

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  • Harassment

    my husband and I are going through a divorce. His friends are posting on facebook that I'm a cheater and that my cooking makes people sick. Is this a form of harassment? I think my husband is telling them to do it.

    David’s Answer

    The court has no jurisdiction over 3rd parties, at least as I see this fact pattern. Unless you can show your ex put them up to it (And even if you did, it would be very very limited to, MAYBE, an order of protection/injunction ordering him to stop telling 3rd parties to do it), not much a domestic relations judge can do.

    Ugly things happen in divorce. I generally tell my clients to shut down their facebook/twitter pages until it's over.

    Regardless, I'd recommend that you talk to a family law attorney in your area for specific guidance.

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  • If final Divorce decree says that wife is to get $1000 child support, so is that the end of it, or could one revisit the issue?

    With a 50/50 shared Child support issue, could the wife get more child support if she has the 2 children for 6-8 days extra per month during the school year? The children are growing and the $1000 needs to be adjusted upwards and so is taking this...

    David’s Answer

    Without seeing the exact wording of the decree, all I can say, generally, is that child support can be modified so long as there's been a substantial change in circumstances. See 750 ILCS 5/510(a).

    What constitutes a substantial change varies, as it's fact specific (Although there's some caselaw to give us guidance), but courts will consider job changes, cost of living changes, education changes, and changes in possession. Another factor is "good faith," which although not written in the statute, is required under caselaw.

    Talk to a family law attorney in your area for specific guidance.

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  • Respondent objecting to answer discovery issued. I issued my Financial form 13.3.1 first. They issued interrogatories and 214.

    I have a pending pleadings to modify support matters. Ex's attorney issued notice to produce and interrogatories but have not issued ex's 13.3.1 first. I objected to respond until 13.3.1 is produced. I produced my 13.3.1 and then issued my own 214...

    David’s Answer

    Actually, you don't quash discovery unless it's a subpoena or a 237(b) notice. You would file objections to a 213 or 214. Here's the issue though, as noted by the other lawyers - Cook County has it's own flavor. Meaning that depending on your judge, said judge may, or may not care about the order of the 13.3.1 disclosure (yes yes, I know it's technically supposed to be done first). Most judges just want the info exchanged, it's the case involves support and the obligor is a W2 employee, there's no need to subpoena the Sun. Some will absolutely put their foot down if a 13.3.1 hasn't been done, while others won't. We have 32 domestic relations judges in Cook County. So who knows.

    Maybe talk to a family law attorney in your area for specific guidance?

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  • Child support

    The father and I have never been married. The lawyer is trying to get us to enter an agreed order where he only pays 50.00 bi weekly because he's unemployed. She said that because he's unemployed, the most he can pay is 25.00 per week. Is that true?

    David’s Answer

    If your case is in Cook County: Open his 13.3.1, go to page "E," second line (Living Expenses) that will tell you exactly what his cash stream is. They always claim they have no money, yet somehow manage to find money to spend $2k per month on whatever. If you don't have his 13.3.1 (Which is required in Cook County, other counties have similar mandatory FinAff's that have to be completed), the burden is on you to get it. Otherwise, depending on the judge, it's going to be your word against his.

    The smart option is to talk to a family law attorney in your area for specific guidance.

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  • My lawyer withdrew from my case because I ran out of money I'm trying to get a devoice. I believe my husband would agree to me

    Keeping my house and my truck.I want nothing else how can I do this I have no money.

    David’s Answer

    On a practical level, you are welcome to submit your own settlement proposal. If the other side accepts, the case is over. If the other side is represented, that lawyer is required to tender the offer to her (Although when I get bad offers, I'll advise the client against it - BUT they can still accept it despite me turning my nose to it). So perhaps consider that?

    Or talk to a family law attorney in your area for specific guidance.

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