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David Matthew Gotzh

David Gotzh’s Answers

4,670 total

  • 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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  • I am currently going through a divorce and have a question regarding inheritance and spending funds that have been commingled.

    My spouse created a contract that we both signed dividing our assets.He is now trying to back out of the contract (in part, it states we divide everything in our joint accounts equally). This is due to his inheritance,which he received last year.W...

    David’s Answer

    This is one of those questions where it's probably prudent to see the 13.3.1/213/214 discovery results FIRST before giving advice. Not trying to duck answering here, but when things start getting complicated, it's like trying to diagnose cancer over the phone.

    So what I do in cases like this is find out first whether the document was a proper pre/post-nuptial agreement. Then, I look to see how detailed it is. Who drafted it. And whether the inheritance came before or AFTER it was signed.

    I would then look at behavior. Was the inheritance money moved around? Did it stay in one account. Was it commingled (Your question infers it was)?

    Then I look at what (if any) of that money was spent on. Was it for marital purposes, or was it on non-marital purposes (ie, Vegas!).

    If I have the answer to those questions, I (Or any other lawyer worth their salt) should be able to point you in a better direction.

    We then turn to the next part of your question, can I buy other people expensive items? The safe answer is to get leave of court. If the judge say's ok, then you're clear of danger. But the better answer is to talk to a family law attorney in your area for specific guidance.

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  • JPA Disagreements and Violations

    If my ex continues to not abide by the JPA what can be done? For example, consistently not abiding by specific rules such as "No parent is allowed to have three weekends in a row" but when this happens she refuses to drop them off and disregards t...

    David’s Answer

    Unless there's a long term problem, you may be correct. There are some remedies for habitual offenders (For lack of a better word) under 750 ILCS 5/607.1. Talk to a family law attorney in your area for specific guidance.

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  • Ex wife is trying to renege on our verbal custody agreement once I wanted it on paper.

    Previously my BF and I were 1.5 hours away and he had Tue/Thurs 4-7p and EOWE joint custody. Once we moved closer, the ex wife at first refused any additional parenting time, even when she was at work and my bf wasn't. She eventually allowed one n...

    David’s Answer

    $40k? Wow.

    Comment aside, parenting time and child support are treated as seperate issues in Illinois (it's a legal fiction in many respects, but it is what it is). So one side can ask, facts depending, for a modification of custody - the other support. But any oral agreement is worth about as much as used toilet paper in Domestic Relations court.

    In regards to getting a lawyer. Shop around. Without naming names, the ones that gouge typically have a lot of angry online comments/reviews. So do some diligence and maybe it won't be $40k next time.

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  • How do I put someone on child support?

    From a different state?

    David’s Answer

    Contact HFS for help for interstate child support enforcement. It's cheap as free. Otherwise you'll have to talk to a family law attorney in your area for specific guidance since we don't have enough facts to determine if personal jurisdiction has been satisfied, or if a VAP was signed, etc.

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  • How do I have my daughters biological fathers parental rights taken away?

    we separated when she was about 2 years old, and is now 12 1/2.He was maybe part of her life for a few months after we separated. I've never received any financial support from him. I've been married now for 6 years and with my husband since she...

    David’s Answer

    Only adoption severs legal rights, so your new husband and yourself and adopt the child. Your ex is entitled to notice, presuming he can be located. Talk to an adoption attorney in your area for specific guidance.

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  • I just paid the full purge agreement amount on my child support payment to get out of jail. Do I still owe back child support?

    I owed twice the amount of the purge

    David’s Answer

    First, congratulations on escaping debtor's prison. Never a fun situation to be in.

    Now in regrards to what's owed, generally the answer is, yes, it's still owed. But there's a way you can get in front of this - seek a payment plan from the judge. If you get into a payment plan, and you stick to it, the other side can't seek a rule on that specific amount. The repayment amount will vary on a lot of factors, including the mood of the judge, but I have found this approach very effective in some of the cases I've worked.

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

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