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Wes Cowell

Wes Cowell’s Answers

3,475 total


  • My husband refuses to sign the divorce paper plus the car he driving is in my name what can I do

    My husband cheated on me several time I been separated for 1 year now and I am ready to finalize my marriage

    Wes’s Answer

    Your situation is exactly what the Second Amendment was written for: You're going to get a gun; hold it to his head; and say "Sign the papers you so-and-so . . . or I'll blow your brains out!!"

    Actually . . . that's not how it works. So, he refuses to sign the papers . . .so what? That's what lawyers and judges are for. Hire a lawyer, get the issues before a judge, and they'll be resolved by agreement (between you and your husband) or by the judge.

    All peace in the world starts with lawyers . . . hire one, today.

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  • Can a lawyer in Illinois charge me for my old file?

    I had an attorney for a divorce in 2009-2010. My file has pieces of information that are important in an ongoing custody dispute. I have asked for my file, offered to pick it up, but was told there would be a hundred dollar fee. I do not ow...

    Wes’s Answer

    The attorney has a right to keep his/her copy of the file. You can get a copy, but you'll have to pay for it. I suspect the lawyer is charging you for the cost of pulling the file from the warehouse and making copies. $100 is reasonable. Why not pay it?

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  • What should I do

    I have an attorney and GAL on my case I was told it would cost too much to go to trial and I should let my daughters father have her for school because of me renting to buy a house which me and my fiancé were living with his mother before. The GAL...

    Wes’s Answer

    Why don't you hire a different lawyer, pay a retainer equivalent to the cost of a college education, pay for the drug tests you want done, and move on with trial? There are plenty of lawyers who would be happy to accept that kind of work. If you don't want to pay for the work you are demanding, you'll have to figure out a settlement that will be acceptable for you, your daughter, and her father.

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  • My Ex is agreeing that my daughter can move in with me.

    My daughter is 17 and wants to move in with me. And her mother told her she can. Should I get a Divorce Attorney, or should I hire one that specialize in custody cases. Also if everyone is in agreement will the Judge grant the custody in one co...

    Wes’s Answer

    Yes, work with a lawyer. Divorce lawyers, custody lawyers, and family lawyers are all the same -- we all handle the same types of cases and we all work before the same judges in the same courtrooms. Assuming and Mom agree on all points, and Mom signs the written agreement, this will be easy-peasy -- one court date and you'll be done. Something ike this can often be handled on a low-cost, flat-rate, expedited basis.

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  • Can a non-custodial spouse receive maintenance but still be responsible for child support?

    Wife earns 36K/year. Husband earns 135K/year. Judge just ordered Husband to pay wife $18K per year in alimony. Husband has complete custody of couple's 3 children. Child Support Reserved. Can children collect child support from wife (moth...

    Wes’s Answer

    This is all possible; not likely, but possible. There is a case called TURK you should read. Work with your lawyer. If you don't have a lawyer, you need one.

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  • What could I do if my stepdad recorded me naked while showering when I was 15?

    Hi so now I am 23 and my stepdad recorded me naked when I was 15 while being in the shower and my mom was at work. I went to a psychiatrist during that time of how much it affected me. My mom did not report him, she just seperated from him a coupl...

    Wes’s Answer

    As far as evidence goes, you also have YOUR testimony, which would not be insignificant.

    It's probably a little late to start criminal proceedings, here. What you've posted probably doesn't amount to "child pornography" under IL law -- it depends on some details you've not posted. There may be other avenues, however, so I'm posting your question over to the "criminal defense" group -- they may offer better insight on the criminal side.

    It seems like you're looking more to how to protect your sisters. As a half-sibling, you qualify to have visitation rights with them. If Dad is denying you the opportunity to visit with them, you can go to court and secure a court order that will overcome his objections. Once you have regular access with them, you can keep tabs on how well they're doing and what problems they might be encountering. Be careful about interrogating them, though -- you don't want Dad to use that against you.

    Think twice before calling DCFS. Certainly they'd be worth considering if the abuse is occurring, but they're not a great resource in a case like this.

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  • How can my ex just stop paying alimony because I've lived with another person, ?

    I've paid my own bills over 8 years which my divorce decree stats my matinence payments are non modified or reviewable now my ex wants all his payments returned from the first day he started paying

    Wes’s Answer

    It seems like there is more going on here, than you're publishing.

    750 ILCS 5/510(c) says maintenance terminates as of the date that the court finds you to have begun your continuing, conjugal, cohabitation. That's true, unless you and your former spouse agree otherwise (in writing). So . . . just what does your agreement say? What are the facts giving rise to your former spouse's suspicions that you are cohabiting? When did the cohabitation start, if ever?

    Gather your papers and go see a lawyer.

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  • I'm refusing to divorce my husband. Can the judge order us to go to marriage counseling even if he doesn't want to?

    My husband filed for divorce but I'm refusing & want to order him to go to marriage counseling. We have no kids and nothing to fight for, can the judge make him go to marriage counseling if I refuse to divorce him? My husband also has proof of m...

    Wes’s Answer

    You can do two things:

    1) fight his effort to prove that irreconcilable differences cause the irretrievable breakdown of your marriage and
    2) move for a conciliation conference and then seek reconciliation.

    Talk with your lawyer about these things -- your lawyer will know how to handle them. If you don't have a lawyer, you need one.

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  • With the change of laws in the Illinois custody code, is there a way for one parent to have the old legal custody?

    My ex-wife is not a good parent and makes poor decisions for our son. She has been indicated by DCFS two years ago. He is better off to have the educational, religious, and medical decisions out of her hands. Additionally, she is unwillin...

    Wes’s Answer

    You're talking about modifying the decision-making aspect of "parental responsibilities." In the old days it was called "sole custody." Today it's called "sole decision-making power." You can go back to court to modify it, but you should work with a lawyer.

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  • Can my husband asking for monetary wedding gifts in divorce?

    Can my husband ask for monetary wedding gifts in our divorce? He has stated that he would like his share, but all of that money is gone into bills and groceries. It was deposited into my account and that the time he went to the bank with me to dep...

    Wes’s Answer

    The marital property was used to pay marital debt. It's gone. End of story. He can ask for it but your lawyer will keep it from happening. Hire a lawyer.

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