Do I even need to mention that I have an IRA if my wife knows about it and says she will sign saying she doesn't want any of it?
J.'s answer
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Answered on August 30, 2017
You should definitely mention the IRA in your Marital Settlement Agreement even if your wife is waiving her equitable portion of it.
Will I be forced to give half of my IRA to my wife after we divorce if she agrees in writing that she doesn't want any of it?
J.'s answer
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Answered on August 28, 2017
Your wife has the right to waive her interest in any part of your 401K, and the judge must allow it unless her waiver is deemed to be unconscionable.
Does the custodial parent need to provide beds for our children?
J.'s answer
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Answered on August 24, 2017
In my 54 years of practicing divorce law, I have never heard of a situation where the kids don't have beds. Everyone, no matter how poor they are,...
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Is it normal that I paid $45000 since January of 2016 in legal fees for a contested divorce but nothing has been set in stone?
J.'s answer
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Answered on August 24, 2017
Your situation is not unusual. Especially in Cook County. This is why we tell people that going to court should be a last resort. It's costly, time...
Can I modify a child support with out an attorney? And if so how?
J.'s answer
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Answered on August 23, 2017
I think the question you should be asking is whether a judge will deem a $3.50 an hour reduction in income to be a substantial change of...
Archived
Can a divorce be considered uncontested if the marital settlement agreement says that child support will be decided by a judge?
J.'s answer
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Answered on August 23, 2017
Technically, a case is deemed to be uncontested only when ALL of the issues are agreed to. It's up to the judge to determine if he or she will...
Archived
Can the mother of my child receive child support if she smokes weed
J.'s answer
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Answered on August 23, 2017
Yes. The child has a right to support from you despite the mother being a pot smoker. Child support is the child's right, not the mother's. Her...
Archived
Paying college expenses voluntarily with no court order. What if I'm laid off from my job?
J.'s answer
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Answered on August 23, 2017
You would only be ordered to pay "back pay" if you were in violation of a court order requiring you to pay in the first place.There is no court...
Archived
Does savings account factor into CS payments ?
J.'s answer
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Answered on August 23, 2017
By no stretch of the imagination is she entitled to 20% of your savings account. Child support obligations are based upon INCOME only.
Are school uniforms considered an educational expense or part of child support?
J.'s answer
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Answered on August 23, 2017
School uniforms are not part of child support because not every child must wear a uniform to school. Every child must eat, be clothed, have a roof...
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