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Wes Cowell

Wes Cowell’s Answers

3,475 total


  • I reside in California but having a baby in Illinois where father lives. Can I take baby to California without his permission?

    Hello, I am a pregnant woman who resides in California. My boyfriend lives in Chicago so I am here now on an "extended visit" until the baby is born. If my boyfriend and I realize our relationship doesn't work, will he be able to stop me from taki...

    Wes’s Answer

    Burton is right: if the child is born in Illinois, the father can take action to prevent you from relocating with the child to California. Illinois would likely be the "home state" for all legal matters regarding the child. If the child is born in California, everything flips to California.

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  • Can I get an order for support modification?

    I am ordered to pay each month for daughter's college expenses, which does not include tuition due to her scholarship. However, I recently found out that beginning in the fall 2017, she will be living at home for 1.5 years while she student teache...

    Wes’s Answer

    Your assumption that "there will be no housing costs" is wrong. There will be housing costs. The other parent still has a mortgage, taxes, insurance, upkeep, and utilities to pay . . . and your daughter will steal eat and have the other expenses you mention, along with more. Your daughter should expect to pay a little rent to help defray housing costs. You should expect to contribute to those expenses. You might be able to get a modification, but it might not be much. Talk with your lawyer. If you don't have a lawyer, gather your papers

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  • How do I go about helping my low income daughter find an attorney that will help her get joint or sole custody of her daughter?

    I raised my 11 year old granddaughter for the first 5 years while my daughter was mentally ill. She is now able to take care of herself and one of her other daughters who she has sole custody of and who lives with her and myself. My 11 year old...

    Wes’s Answer

    Use the "find-a-lawyer" button on this site. That's what this site is here for.

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  • I have established my paternal rights what can I do to stop my child's mother from moving out of state?

    Childrens mother wants to move out of state lives with me and family for ten years my relationship is bad and she wants out I am financially and physically involved I established my rights for both kids and she wants out. We argue a lot not good...

    Wes’s Answer

    I think you have NOT established your "rights." What you probably did was to sign the VAP. That establishes your responsibilities -- it doesn't confer any rights to you. Well, okay, it does confer some rights, but not the kind you're thinking of. You should hire a lawyer and file papers in court to stop the relocation. Court is the only way to do what you're trying to do. Call some lawyers, hire one, and get going in court.

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  • If my fathers daughter pays child support biweekly but Aug has 5 weeks do I get child support three times this month?

    I am the custodial parent

    Wes’s Answer

    If your father's daughter pays child support to you, that would make her the child's mother AND aunt. Presumably you are your father's son and that would make you the mother's brother. I can't tell, but it seems something incestuous is going on here.

    Bi-weekly support recipients usually receive three checks each January and each August.

    Good luck.

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  • My brothers soon to be ex wife took the kids 14 days ago. What do we do?

    My brothers soon to be ex wife took his small children 14 days ago. Although he has spoken to the girls, mom will not disclose location. Police will do nothing. Mom and Dad are separated and have separate residences. He was able to track her cell ...

    Wes’s Answer

    Hire a lawyer for your brother. Call it an early Christmas present. The lawyer will know what to do. Divorce lawyers deal with cases like this every day.

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  • How do we collect back child support?

    Had a court ordered child support agreement in place. Ex paid on it for a few years (payments made thru Wheaton csd, which is now closed) and then weekly checks stopped. Went to court, he told judge he lost job, judge set new court date, ex skippe...

    Wes’s Answer

    This isn't so much a child support question as a "collection law" question. I collect support from deadbeats all the time. The trick is finding his assets and his employment. Does he have a job? A bank account? A house? Is he making payments on credit cards, a car loan, a mortgage?

    Where does this guy live? FL? You should work with a lawyer in the state where the deadbeat lives.

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  • Judge lowered child support with non custodial parent for a second time without an actual hearing and without 13.1.1

    Pro se both sides. Arrears $2500. The first time he presented a motion to modify, judge allowed him to show a part time check stub although he works 2 jobs. This time, the wrong room number was on the motion, and by the time I got it figured out, ...

    Wes’s Answer

    Forget "reconsideration." Vacate the order for defective notice.

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  • I am a non custodial parent in Illinois who pays child support to my ex-wife who was recently incarcerated.

    I am a non custodial parent of a twelve year old and pay child support through payroll deductions. I see my child every other week and am current in support etc. My ex wife went to jail for 90 days for theft. During that time I had custody of my c...

    Wes’s Answer

    Your agreement does NOT say "if my ex is unable to care for the child then I have custody." The child support order says what it says. You did not seek to modify the parenting (custody) order nor the child support order. Whatever the orders said before the incarceration, they said during the incarceration, and they still say so, today. Orders are orders. Child support relief cannot be obtained retroactively.

    It seems you probably waited 90 days too long to ask this question. I think you'd lose any request for a refund as, asking the mother to (retroactively) reimburse the father would 1) contravene Illinois law and 2) take money from the child's primary care-giver . . . hurting the child.

    Why didn't you act on this, sooner?

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  • Who do I give the petition to start a divorce with children without a lawyer, do I give it to the county clerk?

    My legally married wife and I have been married since September 2011?but have not been together or lived in the same state since March 2012. We have one child together who mainly stayed with me last year she stayed with her mom and saw horrific th...

    Wes’s Answer

    You say you and your spouse do not live in the same state, but you DON'T say in which states you each live. If you're in IL with the child, file in your county by placing your papers with the Circuit Court Clerk in your county. If you're in a state other than IL, talk with lawyers in your state.

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