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David Matthew Gotzh
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David Gotzh’s Answers

4,666 total


  • If the father and the mother agreed to take turns filing the child on their taxes. Can the mother ask for back pay for child sup

    The child's mother is asking for child support, but the child has been with his father majority of his life. His son was going to school from his dad address. The child is 12yrs old and the mother is stating that the father has not helped her sin...

    David’s Answer

    I'm answering this with the presumption (key word) that a) never married to her and b) this is the FIRST ever request for support:

    1) Can mom ask for retroactive support back to the day of birth (ie, prior to you be served)? Yes. 2) Can either of you ask for the exemption? Yes, but if nothing is said in the order about it, IRS Rule 8832 gives it to the parent with ongoing majority (51% or more) parenting time.

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

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  • What legal right should I do?

    I have an order of protection against my baby's father. He now has a charge for domestic battery because he beat me. The day after I made the order, I was with my friends at a gas station about 0.5 miles away and ran into him. He came to us and st...

    David’s Answer

    You can report it to the police and see if they will refer the matter to the state's attorney for prosecution (But it will be best if it happened recently, if this is something that happened months ago, they may not do much about it). You can also file a pleading for either civil or criminal contempt if your OP is civil in nature. Because there may not be a purge available, I'm thinking the latter vs. the former. But depends on the facts.

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

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  • Deposition in a divorce

    If my spouses attorney has requested a deposition, do I HAVE to do it......I myself do not have the finances for such a thing , and I am not even sure why it is being requested, we have no major assets,nothing...we have already produced all of the...

    David’s Answer

    You use the word "we" which usually means you have a lawyer. Set a meeting to talk w/ the lawyer, express your concerns, and see what s/he says. They also have your casefile, so they're in a better position to go over options than we are.

    Best of luck.

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  • Conspiracy and family court....can it be done when there are more than 3 parties conspiring to keep a noncustodial parent?

    We have a total of 7 people conspiring against 1 guy in keeping him away from both of his kids. The quote read "they will help me keep him away from my child and I will help them keep him away from the child they have". This violates his FUNDAMENT...

    David’s Answer

    I have no idea what you're asking, but in another sense, I hear what you're saying. Your parenting time/custody case is going badly, very badly. Maybe because it has bad facts, or maybe because you tried to handle it pro se and it blew up on you. You go to court, and no one listens to you. I see it happen every day.

    First, take your entire down to a family law attorney. Have them do a casefile review,. Have them explain to you, in English, the lay of the land. Hear what they have to say, and weight your options.

    Best of luck.

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  • How to get the divorce petition filed to another county dropped or transferred to my county?

    I'm going through a divorce. Husband filed divorce petition in April to the county of his hometown which is 3 hours drive from Chicago and didn't tell me until weeks later. I filed divorce petition in Chicago a few days later than he did. He was s...

    David’s Answer

    Cook may be a more convenient forum than his county, however specifics are everything. I would suggest talking to a family law attorney in you area for specific guidance since at this stage, it looks like you'll need one. Best of luck.

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  • My ex wife won't let me take my daughter on vacation on the dates ive chosen. She has priority pick this year but never chose d

    I have shared custody with my ex wife with me being residential parent. On our custody agreement it states that on odd yrs she gets priority pick for vacation but needs to notify by May 1st. She did not mention anything to me until yesterday when ...

    David’s Answer

    You're MSA/JPA almost certainly has a mediation proviso in it, read it, and see if you can take her to mediation. Otherwise you have to file a motion to modify parenting time. No other option. Talk to a family law attorney in your area for specific guidance,.

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  • How to have wages garnished against someone?

    We loaned money to an employee and we won the judgement against him. Now we need to collect the money. He abandoned his job and no longer works for us.

    David’s Answer

    To garnish you need to know where he's working NOW. Otherwise you can do a 3rd party citation against the bank, or a citation to discover assets. Talk to a collections attorney in your area for specific guidance.

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  • Being taken to court for part of a divorce settlement that should never have been part of agreement.

    Lawyer I retained represented both of us. He did NOT look out for what was in my best interest, even after I stated certain things. My ex wanted to be paid 10,000.00 for his share of business we had together, but I told the lawyer that since I agr...

    David’s Answer

    I think what you mean is ex hired lawyer, lawyer sweet talked you, now you're in the grease. If the case in in Kankakee County, you'll have to pull the audio to see what was said at the prove-up. But generally the terms of the written decree control. I'm betting it's been more than 30 days, if so the court has lost jurisdiction over the marital estate (So you can't change it, generally), and the only way to attack it is via a 1401 pleading (MAYBE, facts depending).

    Hire an attorney ASAP to stop the bleeding. The $10 you saved going w/o a lawyer appears to now have costed you $100. Stop the bleeding so it doesn't turn into $10,000.

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  • How do I get child support to review the court order and actually modify it?

    My order is in cook county. I walked into 36 S Wabash and handed them my court order stating the support should be temporarily terminated since January 2015. It is now May and they haven't made the change. I have been talking to several people and...

    David’s Answer

    Depends. Joint means nothing unless you have majority parenting time (And even then, there's a case out there that says "anything is possible). Now HFS can modify an admin order, but they CAN'T modify a judicial order without a hearing in (if Cook County) Domestic Relations court.

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

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  • Will i have the same judge presiding over my child custody/visitation case? What can be done to change Judge?

    Went to court last summer and the judge was very one sided. Did not listen to my side of the case before making recommendations on an agreement that should be made. Will probably be headed back to court soon to modify agreement last year and defin...

    David’s Answer

    Hard to say, better question would be "what county" is this in. Different counties have different post-judgment calendars/customs. Small counties, well, you're stuck with whoever you're stuck with 9 times out of 10. Bigger ones, like Cook, maybe yes, maybe no. Depends.

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

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