David Matthew Gotzh’s Answers

David Matthew Gotzh

Chicago Child Support Lawyer.

Contributor Level 20
  1. Wife has "lost it" Need to protect myself NOW from cheating wife after money!

    Answered almost 2 years ago.

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

    Regretfully, as far as Illinois is concerned - her conduct plays no part in the division of assets (Short of a dissipation situation), and might only play a part in the determination of custody. As for defamation/slander/libel; throw those ideas out, it has a 99.9999% chance of failing. What you need to do is protect any joint assets, such as a bank account with a large savings balance, or anything either party could liquidate with little difficulty. Don't dissipate anything, just put it...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I am 8mo pregnant and I have only been married for 8mo. Can I get temp spousal support while going through the divorce.

    Answered over 2 years ago.

    1. Gary L. Schlesinger
    2. David Matthew Gotzh
    3. Judy A. Goldstein
    3 lawyer answers

    Can you argue to the court that he needs to contribute to household expenses while this matter is pending? Yes. Will the court grant that? Impossible to predict, especially based on one paragraph of information. During a Divorce, under Illinois law, you can ask for temporary orders, to include spousal support, child support, and attorney fees. Some, like Chlld Support, utilize percentile guidelines (See ILCS 5/505). Others, like spousal support, are based on a variety of factors and...

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  3. Can i object to the jurisdiction of the court if i have not been personally served for a forclosure in the state of IL?

    Answered over 2 years ago.

    1. Steven Anderson Leahy
    2. David Matthew Gotzh
    3. Bruce E. Burdick
    4. Elizabeth Rankin Powell
    5. Robert Thomas Kuehl
    5 lawyer answers

    Agreed. The court file should show what type of service was executed; substitute service, et. al., If service was made, they did what they had to do. So don't presume you're in the clear because someone didn't personally hand you papers; that's how people lose their homes. Contact your county bar association for assistance.

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  4. We made an offer on a house, we gave the sellers agent our ernest money. We haven't heard anything from him for 4 months. We

    Answered over 2 years ago.

    1. Adam Matthew Hopkins
    2. David Matthew Gotzh
    3. Bruce E. Burdick
    4. Stephen Samuel Messutta
    4 lawyer answers

    Get a lawyer tomorrow and get your money. Contact the Western Suburban Bar Association for an affordable/reputable referral.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Can I be forcefully removed from my home.

    Answered almost 2 years ago.

    1. David Matthew Gotzh
    2. Judy A. Goldstein
    3. Emma Lee Scott
    3 lawyer answers

    No. They need a court order. Self-help eviction is illegal in Illinois.

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  6. I have a motion hearing for petition of removal

    Answered over 2 years ago.

    1. David Matthew Gotzh
    2. Judy A. Goldstein
    3. Michael A. Meschino
    4. Amy Spector
    5. Peggy Margaret Raddatz
    5 lawyer answers

    First, try contact Legal Aid, such as Cabrini Green Legal Aid. Removal is fact specific, and there's little that an online forum can assist with. Read 750 ILCS 5/609 (The removal statute) to see what the court is required to look at, and weigh that against the specific facts of your case. Again, call every legal aid in the area to see if anyone can help you first before handling this on your own. God speed.

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  7. How to proceed when I didn't get served a summons.

    Answered over 2 years ago.

    1. David Matthew Gotzh
    2. Judy A. Goldstein
    2 lawyer answers

    They can't proceed unless they've shown the court you've been served. Pull the file from the courthouse (or call the clerk) to see if any "affidavit of service" was filed on the court. Small claims, depending on the county, may only require certified mail.

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  8. Can I get my attorney to describe in general terms what he plans to do before sending him the retainer fee?

    Answered over 2 years ago.

    1. David Matthew Gotzh
    2. Steven Anderson Leahy
    3. Constance R. Murdock
    4. Jennifer Melissa Mendelsohn
    5. Paula Brown Sinclair
    5 lawyer answers

    Hopefully your contract addresses this. I never take a case without 1) a contract, 2) a face-to-face consult, and of course, 3) a retainer. During the consult, I ask the client what their expectations are, and I make clear to them a) what the law allows me to petition for, and b) that I can't promise any outcome except death & taxes. Each attorney runs their business as they so see fit. So do not take what I do as the "end all be all." If you're not sure, give him/her a call. A 5 minute...

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  9. Wife ( spouse ) moves out of the home is she responsible for any of the household expenses property taxes utilties ect?

    Answered 3 months ago.

    1. David Matthew Gotzh
    2. Gary L. Schlesinger
    3. Howard M Lewis
    4. Joseph Pierce O'Brien
    5. Jared Ben Pinkus
    6. ···
    6 lawyer answers

    Until someone files something in court, there's nothing anyone can do for you. If a divorce pleading is filed, in Illinois we have an automatic stay provision, but on top of that usually the parties will either agree to how the house bills should be taken care of (at least temporary) or the judge can enter an appropriate order. Big temptation during divorce for an angry spouse to "accidentally" let a home go into foreclosure or not pay property taxes. If you feel things may escalate to a...

    7 lawyers agreed with this answer

  10. How can I get my name taken off the mortgage and my husband to assume it if we are getting a divorce?

    Answered 5 months ago.

    1. David Matthew Gotzh
    2. Gary L. Schlesinger
    3. Joseph Pierce O'Brien
    4. Susan Dianne Bratcher
    4 lawyer answers

    Court has no jurisdiction over the mortgage holder, ie the bank (or whoever). So judge can get ex off title, but only bank can allow him off mortgage. Often times when we try to settle it, we try to get the parties to at least try to refinance it or otherwise release (in this case) the ex from the mortgage - and at a minimum have him indemnify you if he can't. Talk to a family law attorney in your area for specific guidance.

    7 lawyers agreed with this answer

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