Skip to main content
David Matthew Gotzh
Avvo
Pro

David Gotzh’s Answers

4,666 total


  • In a Court Order, the dates were given for depositions of both parents, does notice still need to be served and when?

    In Domestic Relations Court, an Order was entered naming the dates of the depositions for each parent. Opposing council has canceled their depositions of myself and the GAL. I am to depose the other parent in three days. Is the Order sufficient or...

    David’s Answer

    Eh, tricky question. The court has the authority to enter a discovery order, which appears to be the case here. I don't think as an attorney, if there's order, I can just object/refuse to have my client do it unless the order is vague insofar that it doesn't tell me a) where the deposition will be held at and b) what time. I don't have your order in front of me, so hard to say where things stand. The other lawyers ARE correct that 3 days out, it's too late to mail a deposition notice. Might not be too late to fax one however, presuming they even have a fax. But who knows.

    I'm presuming you're pro se. DId you even lock on a court reporter? Conference room? Did you ever serve a rider of documents you want provided? Do you know how a deposition in Illinois even works?

    Perhaps talk to a family law attorney in your area for specific guidance. If you goof it up, not so sure the judge will let you do it over again.

    See question 
  • Would ANY lawyer help me?

    I applied for child support, in IL the beginning of March 2013, they immediately verified the fathers address (he lives in IN), they continuely told me support would be retro active to the day that I filed (March 2013) ~ I called for 20 months & w...

    David’s Answer

    As I read the question, I think you need to repost this with an INDIANA location instead - otherwise only Illinois lawyers will see it. Since it's interstate child support, choice of law is Indiana.

    See question 
  • How can a mother who is the primary care giver get back to her son if the judge ordered no contact with husband who has the son?

    My husband called the police and I was arrested. I was charged with 2 counts of domestic battery and 1 count of aggravated assault. I have no criminal record. This is my first offense. I stay at home with my son alone for 6 days a week. My husban...

    David’s Answer

    You may have two problems, I'm going to address the one that isn't mentioned, but is very possibly forthcoming - Divorce. Now your criminal case and any possible domestic relations matter, will be handled by two different judges if in Cook County. BUT, neither judge can modify the other judge's order (but often times they will conference so both are aware, logistically, on what's going on). So this complicates things.

    It sounds like your husband was awarded possession of the minor child. But without seeing the order(s), it's hard to say.

    So what I would do is check the Cook County court docket (it's free to do), and see if there's a civil case that's been filed as well. He may be talking to divorce attorneys, as situations like this where the spouse is willing to testify, usually are a predicate to a subsequent divorce.

    Talk to an attorney in your area for specific guidance.

    See question 
  • If my ex requested the 604(b), and the outcome doesn't favor him, can he then request a 604.5?

    We've already been through the GAL process; outcome favored me. Had settlement conference and came to agreement and now he says he doesn't agree. So now he requested a 604(b) to be completed. So I'm curious if it happens to favor me, can he reques...

    David’s Answer

    Except under a 215(d), the person asking is generally the person that pays for it. HOWEVER, who knows where things are procedurally in your case. Talk to a family law attorney in your area (And bring your file) for specific guidance.

    See question 
  • Can I ask for proof of payment from my ex on daycare charges from daycare provided by his mom (ex's mom)?

    Ex is custodial parent and child lives with him. I pay child support and have visitation. We both split cost of daycare and child was attending a licensed daycare which I pay my portion directly to them every month. Ex notified me last ...

    David’s Answer

    I'd have to looked at the MSA/JPA terms and the receipts to give specific advice (as would any other lawyer), but generally it's not outside the norm to be allowed something more detailed. As for 90 day old invoices, depending on the terms of the controlling order, he may be 80 days late and a dollar short.

    Talk to an attorney in your area for specific guidance.

    See question 
  • Can I be indicated by dcfs for being intoxicated once ?

    I was drinking on my front porch after the children were sleep I got a little intoxicated and my family member got upset and called the police on me. dcfs indicated me altho all this happen when the children were asleep. I have never abused or neg...

    David’s Answer

    You can timely (key word) appeal it. Talk to an attorney who handles DCFS cases for specific gudiance. Otherwise if you do nothing, it's iced and there's nothing you can do about it.

    See question 
  • What can I do if my spouse filed for divorce and custody in another state? My daughter has been born and raised here in IL

    Her entire life. Has never even left he state (she is 9 months old). He has never met her. I was told that he would have to file here because its her home state, for custody, but I was served papers today.

    David’s Answer

    It's a venue issue, as the other attorney's have indicated (The "Home State" issue is explained a bit more in the UCCJEA). But you can't sit on your hands (sadly), you'll have to talk to a family law attorney to see if the other case can be killed and one be filed here. And you'll have to do it quickly.

    See question 
  • I want custody of my child? My child mother has move to Brownsville Texas? I just need a little bit of help Please

    The mother of my child has move to Brownsville Texas She has threatening me not to worry bout my child. I I have a nice Job at Wal-Mart I am 24 years of age I have my own Place to stay and I have everything Maintain. I bring home at least 12-1300 ...

    David’s Answer

    Too many questions, not enough facts. Under UCCJEA, the longer she stays there without you filing something, the harder it is to fix this mess. Talk to a lawyer, today. Otherwise you'll end up have to pay 10x as much to handle the issue in the Texas court system.

    See question 
  • Can I request a change in Judge or lawyer during a divorce trial?

    I am unhappy with the direction my case is going in. I am the defendant, and I want to know if I have a right to request a change in Judge and am I able to change lawyers as well?

    David’s Answer

    If the court has made a substantive ruling, or your between day 1 and day x of trial, you CAN'T SOJ as a matter of right. You can only SOJ for cause - the fact you don't like where the case is going isn't sufficient grounds. Usually "for cause" requires things like, oh, the judge saying something insane on the record (never had happen), or finding out about an unknown conflict of interest (ie, judge was once business partners w/ parties but forgot/didn't disclose it/etc).

    In terms of changing lawyers. Well, let me share you my nightmare story. Bout 2 years ago, a client came into my "office" (If you know how I operate my practice, you'll understand the quotes") and told me they had a small divorce trial in 45 days but needed a new lawyer. I didn't do as thorough of a background check as I normally do on the case, took the client on, then asked for the file from the superfirm that was handling it. About 5 days later, a box close to the size of a crate arrives at my doorstep. It was the file.

    I had no life for the next 5 weeks as I tried to handle my other cases and get up to speed on the new one.

    My point is, most lawyers don't take cases set for trial, or between trial days, for that very reason (Malpractice issues aside), or if they do, the retainer they'll charge will be jaw dropping.

    Perhaps talk to your current attorney about your concerns?

    See question 
  • Out of State Paternity Case

    My husband had an affair with a woman who lives in Pennsylvania (she flew here for their trysts). She is now pregnant and days away from delivering her baby. My husband wants a paternity test but is convinced that he needs to go there for it and t...

    David’s Answer

    I think he'd rather defend a paternity action here than in Pennsylvania. The reason? Well if the child was consummated here, then perhaps personal jurisdiction is going to be an issue. Unless he does something silly and waives it.

    He needs to talk to a family law attorney in his area for specific guidance.

    See question