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Jenette M. Schwemler

Jenette Schwemler’s Answers

19 total


  • My son (13) is interrogated after each visitation. Then I get an email with a list of inaccurate accustns. How do I stop this?

    Prime example- I saw him last night and within an hour had 3 emails 'correcting' our conversations from the evening. This happens each time. Not only is it putting him in a bad spot but they aren't getting anything 100% correct because they h...

    Jenette’s Answer

    How do you know your son is being interrogated? Be very careful in trying to obtain this information directly from your son. You don't want to put him in the middle any more than what your ex-husband is. Also, be careful engaging your ex-husband in emails - sometimes this form of communication conveys something different than what is intended.

    The real question is what do you hope to achieve? If your goal is forcing your ex-husband to stop communicating with you in this way, this will be difficult, expensive, and probably unsatisfying in the end. If your goal is to change custody, then this type of evidence can be used to help prove your case.

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  • My child's mother suing me for my parental rights

    Shes claiming that I am unfit and that I neglected and abandoned my daughter. She took off with her when she was 3 weeks old and drove her to Las Vegas from Illinois with out saying. Needless to say the courts did not force her to come back. I've ...

    Jenette’s Answer

    Before you make this decision, I highly suggest that you talk to an attorney. You don't have to hire one, just consult. You can talk directly to your ex-wife's attorney regarding changes you wish to be made.

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  • EX STATING TO HOSPITAL STAFF THAT DECREE OBSOLETE/SUBPEANAS?

    If my ex is stating to my childrens doctors that the existing court order has become obsolete and a new one issued which prevents me from obtaining simple medical records for my two children, what if anything can be presented in future court proce...

    Jenette’s Answer

    Keep good records regarding your ex's attempts to prevent you from getting the child's medical records. This may not carry the day in a hearing, but if you have other evidence in addition, it will be helpful in future proceedings like a change of custody or a termination of joint custody.

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  • Does father have to provide me with an insurance card

    Court ordered to provide medical coverage. Father put kids on current wife's insurance because his employer doesn't offer good benefits. Kids were on state benefits which will no longer pay prime because they know they have commercial insurance. ...

    Jenette’s Answer

    Just the threat of dragging him in to court should (but won't necessarily) make him provide the insurance card. Check your divorce papers (judgment of dissolution and/or parenting agreement) for the requirement of providing you with a card. If your court papers provide that both parents have insurance cards, you can either drag him to court or mediation. Again, just the threat of doing so may make him do the right thing.

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  • What is the next step in an out of state removal case?

    I filed a petition for removal in IL. The 30 days is almost up after my ex was served and I have not heard anything. If he does not respond, what is the next step I need to take in order to move? Do I request to see a judge and seek a default judg...

    Jenette’s Answer

    You really should hire an attorney. Removal cases are very tough to prove. If he does fail to appear, you can request a default judgment - just make sure he was properly served with the petition. Even if you obtain a default judgment, your ex can request that it be vacated within 30 days.

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  • In Illinois, Is a defered 401k conversion to a Roth 401k included in taxable income when determining child support payments?

    This convesion is taxable for federal and state purposes, but would I also have to pay 40% ( I have 4 kids) to my ex-wife?

    Jenette’s Answer

    As long as you do not take a distribution out of your 401(k), it should not be considered income for purposes of child support.

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  • Can a order of protection in sangamon county "Springfield,IL" be served in another county or state?

    When the op hearing is set "Got Emergency one now" can i ask infront of the judge offer a compromise to drop it and return he says he won't file 1 on me. And would the judge records that will it block him if he tries. Can it be done?

    Jenette’s Answer

    Yes, an OP can be served in another county and state. Not sure what you are asking in the rest of the question. You should retain a lawyer.

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  • Does a person requesting a Financial Disclosure have to give their Financial Disclosure first before i do?

    i received the form from my ex-wife's attorney, but my ex-wife did not disclose hers first. Is it law that she needs to disclose hers prior to requesting from me?

    Jenette’s Answer

    Check your local court rules, but neither the Illinois Marriage and Dissolution of Marriage Act nor the Supreme Court Rules require a person requesting discovery, such as a financial disclosure, to first disclose his or her finances before requesting the same from you.

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  • Husband has a child out of affair. other woman has quit her job.

    Other woman has quit her job because the child support amount is quite enough to cover all her expenses with she not workng. husband and wife are working day and night to support the existng family. The court says this is how she is taking care of...

    Jenette’s Answer

    Child support should be based on your husband's net income alone, not your income combined with your husband's income.

    The unfortunate part of this is that you will need to go to court to change the child support. You would have to prove your husband is paying significantly more than the statutory guideline support based on his net income (alone) and argue that she has an equal responsibility to financially support the child. Since the child is 6 years old and in school at least part of the time (I assume), there is no reason the other woman cannot get a job.

    Additionally, you cannot control how the other woman spends the child support she receives, even if it does provide a windfall for her. There is nothing in the law that allows you to do so.

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