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Laura Diane Horner
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Laura Horner’s Answers

179 total


  • Can I file a motion to have child care paid to the IL Disbursement Unit as "other support"?

    I have an order for child support and child care, however, the NCP does not follow the order(both are due on the first of each month). The NCP pays late or not at all. Every other month, I have to file a motion for contempt. There is often confusi...

    Laura’s Answer

    As long as your ex works, not for himself, you can have a withholding order. You can file a motion to have payments paid through the Illinois State Disbursement Unit with a withholding order. Once you receive the order, send it to the SDU with a copy of the uniform order of support that should already be entered in your case. Other payments can go through the SDU but not child care, especially since you have an order that does not stay the same from week to week. The SDU won't be able to track all the fluctuation anyway. It usually takes a few weeks to get everything processed, so you will have a time gap until you receive the first payment from the SDU, but after that, payment will be regular as long as he stays employed

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  • Do I have to have a criminal case tried first prior to filing a civil suit for the same crime?

    I was worried if I didn't try it in criminal court first that then they could claim the 5th in civil court and then I get no where- or maybe it is an established pre-requisite to do it in criminal court first.

    Laura’s Answer

    You don't want to answer questions about an incident that has lead to a criminal charge in a civil trial because those answers could then be used against you in the criminal case. You should consult an attorney if you have all this going on because you don't want to incriminate yourself by saying something you don't realize will be used against you.

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  • Whose Burden it is to Prove Invalidity of Marriage based on Marriage Fraud in Cook County?

    I've filed for a Divorce and my spouse has filed a Counter-Petition for Invalidity of Marriage based on Marriage Fraud. Which is a Baseless Argument and I have more than enough Evidences to prove that our Marriage was Genuine but didn't lasted due...

    Laura’s Answer

    It is the petitioner's burden to prove the allegations of his/her petition. You are the petitioner in the divorce so you would have that responsibility. However, she is the petitioner in the counter-petition and would be responsible for proving her claim, if it gets that far. If you prove the petition for dissolution, the counter-petition becomes moot because you will be divorced.

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  • Is it Mandatory to file a Response to a Counter-Petition for Invalidity of Marriage in Cook County?

    I've filed for a Divorce and my spouse has filed a Counter-Petition for Invalidity of Marriage based on Marriage Fraud. Which is a Baseless Argument and I have more than enough Evidences to prove that our Marriage was Genuine but didn't lasted due...

    Laura’s Answer

    You must file an Answer or else the allegations in the petition are deemed to be admitted by you. Sounds like you don't want this to happen so answer each paragraph as completely as you can.

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  • How Long is it usually for a maintenance review...does 9 months seem normal since this is just a review?

    I was up for review for maintenance Oct...I filed in July...my ex wants to make a settlement...he stopped paying Nov...he is now going on 6 months of no pay....and they keep continuing the case

    Laura’s Answer

    Your question is a little vague. However, the new statute states that if you earn under $200,000 the maintenance is set and the review of maintenance is determined by a mathematical formula based on the number of years that you were married. Prior to the judgment being entered, you are under a temporary maintenance ordered and the judge can set a review whenever he/she wants. From your question, it seems that there has not been a temporary order because he just stopped paying. If there was a court order for temporary maintenance and he stopped paying, he should be held in contempt for violating a court order and you should file a Petition for Rule to Show Cause.

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  • Asked to provide info to detectives to possibly get my charge dropped, is this legit?

    Last night a cop gave me a ticket for paraphernalia with no court date on it, just a fine due in ten days. Then he gave me two numbers of detectives and said if I help them out I could get it dropped or reduced. Is this likely or are they jerking ...

    Laura’s Answer

    Never talk to the police without either consulting an attorney or having one present. This offer for you to help seems weird, especially if they don't know if you have any information they need.

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  • Filed rtsc told judge it was resolved it's not

    Divorce he's not abiding by the judgment

    Laura’s Answer

    Your question is way to vague. Who told the judge the issue was resolved and if it was the other party, either file another rule or have the judge reconsider the one that was dismissed. If the other party is not abiding by the judgment you are doing the right thing by filing a Petition for Rule to Show Cause.

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  • Can i subpoena a judge

    My ex girlfriend filed an order of protection against me then filed a false police report. After careful investigation by the police she was arrested. I went to civil court to have the op vacated. The ASA committed perjury by denying knowledge of ...

    Laura’s Answer

    Only the State's Attorney can file criminal charges. You cannot subpoena a judge for a case like this. Since your case has been dismissed your case is over.

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  • Do i file the judgement foe dissolution of marriage along with the petition and the dissolution packet?

    My Wife wants a divorce. We both agree on irreconcilable differences. I am trying to file myself. We have no children, shared assets, nothing. We are both willing to waive the two year separation period, and bar any relief or maintenance. I live i...

    Laura’s Answer

    You file the petition first. Even though it is an agreed upon dissolution, you still need to have your wife served or she needs to waive service. After she is served and files an appearance for herself, if you have an agreed judgment drafted you can put the case on the call for a prove-up, or final hearing. That is when you will give the filled out judgment to the judge for him or her to sign for your divorce. Bring a couple of copies of the judgment with you to the prove-up so you can bring home a file stamped copy.

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  • I wanted to know what services I should request from Avvo?

    My wife has asked for a divorce. She has a lawyer and we have talked terms. We are in agreement, but I want someone to represent me. Her lawyer already has drafted a document(s) and they are waiting for either myself or my lawyer to review and sign.

    Laura’s Answer

    It would be best if you hire an attorney to represent you so that your attorney can review the documents drafted and make sure they are in your best interest. You can search for a lawyer in your area, ask for a recommendation from friends or the local bar association.

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