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Amy Spector

Amy Spector’s Answers

24 total

  • My neighbors upstairs filed for hardship as defense against getting evicted. How can the eviction go through?

    After not paying rent since december and filing for hardship (lease started eariler in july) My neighbors upstairs have even more obnoxious parties and have verbally harassed us through our door for making noise complaints to the police. They even...

    Amy’s Answer

    If the landlord followed the proper procedure for the eviction process, hardship should not have been a valid defense. The landlord needs to speak with an attorney in the same county as the property to ensure that the eviction is being done correctly.

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  • Ex-husband used marital assets to fund a trust for children during divorce without my knowledge.

    He failed to disclose these on signed financial affidavits, do I have any recourse? It has been a year since the divorce.

    Amy’s Answer

    30 days after a Judgment is entered, it becomes final and cannot be modified, especially with regard to property and debts distributed pursuant to a divorce decree. However, if you believe there was fraud or material mistake of fact on your ex-husband's part, you may be able to file a post-judgment motion to modify, depending on the other facts and circumstances surrounding your case and the final judgment. But, without knowing more, I cannot provide any other detail as to what options might be available to you. You should speak with an attorney if you are thinking of pursuing this further.

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  • I moved to IL to get divorce as my state needed a 2 year waiting period before filing. Can I move out now that I got divorce ?

    How long do I maintain the IL residency after the divorce in order to not have any problems?

    Amy’s Answer

    If you met the Illinois residency requirement to file for divorce and your divorce was granted, you may now move - unless, as the other attorneys answered, you have children. If so, you must request permission from the Court to remove your children from the State of Illinois before moving. Speak with an attorney to discuss this in greater detail.

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  • Is this considered parental kidnapping?

    I'm going to make this short and brief and maybe look like im ghetto cause he wont let me put it all in this lil box. My x husband got a OP against me which included my kids.It was then a 2 yr one cause i couldnt make court.N the mean time he got ...

    Amy’s Answer

    Parents cannot kidnap their own children, especially when that parent has previously been awarded custody. If you now know your children's father's address, you should contact an attorney as soon as possible and speak with them about the pleadings you will need to file to fight the violation of the removal statutes.

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  • After a custody evaluation and the outcome favors one party over the other what is the other's party's option to rebuttle?

    I just got a custody evaluation report from a psychologist and the findings were that I get primary placement and full custody, what options does the other person have if they don't agree with the outcome? Are they able to get another evaluation ...

    Amy’s Answer

    A custody evaluation is useful in a custody trial because it can be a more thorough investigation into your own, your child's and the other parent's lifestyle, relationships and otherwise. However, custody evaluations are not binding, so even if the custody evaluation favors you over the other parent, the Judge can still decide to rule differently if the Judge believes an alternative arrangement is in your child's best interest. Additionally, as the other attorneys mentioned, the other party could request another evaluation by a different psychologist, or that party could ask for a Guardian ad Litem to be appointed, etc. Basically, if you are attempting a custody trial of this nature on your own, you should definitely seek the advice of an attorney to ensure that you are taking the right steps in your case and employing the right tactics.

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  • Can I use a recorded call as evidence if the other person only had knowledge, but had not necessarily given explicit consent?

    The individual I have a restraining order against periodically calls my home under "Private Caller." It is always him when this shows on Caller I.D. I would like to record this when it happens. If I answer the phone and say only, "This call is bei...

    Amy’s Answer

    I also agree that recording the phone call is not the most efficient way to address the issue of the harassment. As the other attorneys state, a restraining order allows you to contact the police whenever the other party is in violation of one or more terms of the restraining order. After calling the police, you can also file a motion with the Court requesting that the other party be held in contempt - which is punishable with penalties, fines or even jail time. If you want to pursue that route, I would suggest contacting an attorney in your area to help you file the necessary paperwork.

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  • My landlord is evicting me over a dog that he said I could have...in reality his house had a lead problem and since then he has

    wanted me out. To explain things more, when I first moved in there was no lease and I was never handed any papers (including lead pamphlet). My daughter tested high for lead and he had to make a lot of repairs to the place. Since then he told me I...

    Amy’s Answer

    This is a difficult question to answer, since it is not entirely clear what your goal would be. If you have questions about the legal process of eviction, or about a possible suit against your landlord for health issues, you should immediately consult a landlord/tenant attorney in your area.

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  • In Illinois is there a required length of a marriage before an adoption is possible?

    My fiance would like to adopt my daughter due to the absence of her father. Once were married is there a legal length of time before he can adopt her or can we handle it the next week?

    Amy’s Answer

    There is no waiting period to file for adoption, but there are legal standards that have to apply to your case. If you are interested in speaking with an attorney that handles adoption cases in your area, contact my firm, Hicks & Spector, L.L.C. We are located in Belleville, but regularly represent clients in Madison County and other surrounding counties. We offer a free one-hour consultation and can be reached by phone at (618) 551-0300.

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  • Can I get an order of protection based on what my 3 year old said?

    Daughter said dads girlfriend pinched her for crying and there is a bruise on her butt. Is this enough?

    Amy’s Answer

    In general, single incidents will not be enough to have an Order of Protection awarded to you. However, every case is decided on the basis of its own facts and circumstances, so you should either apply for the Order of Protection and talk to the presiding Judge, or speak with an attorney about your questions.

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  • What can i do for a change of venue?

    my child is in temporary custody of dcfs in one county.but my child is physically residing in another county.i reside in the county in which the case originated.im about 2 1/2 to 3 hours away.im about to move 20 minutes from her.dcfs only sees her...

    Amy’s Answer

    This is a very complicated issue that will require legal counsel. You will need to schedule a consultation with an attorney to get more information about your question.

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