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David Matthew Gotzh

David Gotzh’s Answers

4,666 total

  • 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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  • Frivolous order of protection

    I planned a vacation for my children next week- my wife and I are divorced. She didn't like the timing of the vacation, even though the JPA states that I have 1st pick in "odd-numbered" years. In order to block it, she filed an Order of protecti...

    David’s Answer

    Was it an EOP or an emergency motion for other relief? The difference is critical. Whether the EOP (If one was filed) was granted, or denied, a rehearing is held within 21 days (presuming the sheriff is able to serve you) thereafter.

    Details of what was alleged in the pleading are everything. Talk to a family law attorney for specific guidance.

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  • Divorce

    Do I HAVE to participate in a divorce deposition, even if I have a medical condition that it could aggravate (seizures possible due to major stress) and is the deposing attorney required to in advance send what they possibly might be asking, would...

    David’s Answer

    On top of the other excellent answers, READ Illinois Supreme Court Rule 219 to see what happens when someone DOESN'T show up to their deposition. Then talk to a family law attorney in your area for specific guidance.

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  • Father granted custody. I missed court. Date was rescheduled & my lawyer claims he emailed me. Never got it! How do I appeal?

    We've been going through this since the grandmother died. She left my child $ & whoever is guardian will be in control of the $. He only wants the $! My daughter has a disability & she gets a check. Now he thinks he's entitled to the $. Even thoug...

    David’s Answer

    Usually if you MISS a court date, you can ask to vacate a default IF filed before the expiration of 30 days since said default judgment. If beyond 30 days, you can try a 1401, but man, those are incredibly hard to get (Caselaw has little sympathy in those situations).

    You (generally) can't appeal a default judgment, and even if you could, same 30 day period applies. I get the feeling, and it's just a feeling, this may have happened more than 30 days ago. Regardless, talk to a family law attorney in your area for specific guidance.

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  • If a spouse is too ill due to cancer to travel for court, will a judge still grant divorce?

    My fiancé and I are supposed to get married in 85 days. He and his wife have been separated for 6 years. She has cancer and has to do chemo and can't come to Illinois from Tennessee for health reasons. Papers are signed and all terms are agreed up...

    David’s Answer

    You can prove it up w/o her by agreement, or you can default her and prove it up. Talk to a family law attorney in your area for specific guidance.

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