I have a loan out right now and I can't afford to hire a lawyer but I need someone to help me subpoena a Court in Rock Island IL. The woman's mother is getting a restraining order against me a couple of days before her daughter turns 18. She turne...
You need a lawyer. You should talk with the loan holder and ask if they'll let your payments slide for a while (a deferment) so you can afford to hire a lawyer. That way, you'll have the legal advice and representation you need, the lawyer will get paid, and the loan will be repaid, as well . . . everyone will be happy.See question
My son has missed a few of his games during my time. I am not refusing to take him to any games in fact I take him to most of them. But on occasion he has missed. She is now wanting to go back to mediation to limit my time with him to once a month...
Extra-curricular activities take priority over your other time, as a parent. The child's best interest -- not yours -- is to be served. The general rule is that the child's extra-curricular schedule takes priority over the parenting schedule. If practice falls on Mom's time, Mom takes the kids to practice. If a game falls on Dad's time, Dad gets the kids to the game on time . . . and they stay for the whole game. Two cases -- Charous and LaTour -- make this clear.See question
couple are still legally married, but separation papers have been signed by one party member currently. the Mother took their 4 children (under 18) out of state and did not inform the school of their absence for 2 weeks, and will not respond to t...
This isn't kidnapping; Dad knows where they are. The father can do PLENTY to bring the kids back. To ensure his kids are safely brought home before they are all held back a year for missing school and a possible mark against the parents for truancy the father can do ONE SIMPLE THING: HIRE A LAWYER.See question
Not married mother of one wants to move back to her home state. 5hrs away. Can I legally do so.
You may legally pack up and move whenever and wherever you want. If you plan to take your child along, however, you should hire a lawyer and get teh paperwork done right BEFORE you go. If you don't do that, Dad will have the right to go to court after you've moved and ask the judge to have the child returned to Illinois. Dad will almost certainly win that point. You'll have to move back to IL or, if you can't afford it, send the child to live with Dad.
Just think of the legal fees as being part of your moving expenses.See question
I'm the custodial parent of 1 child who receives child support. His father and I split up and he had 3 more kids with another woman. Him and I are now back together and having another baby. I still receive support for our first son together. Will ...
The first child (yours) comes first (20% of Dad's net). The next three kids come second -- they get 32% of the 80% of Dad's net left over after child 1's support. Let's say Dad nets $1,000. You'd get $200 for child 1 ($1,000 x .2) leaving Dad with $800. Dad's other parenting partner would get $256 ($800 x .32). That would leave Dad with $544. He's now near the 50% limit for garnishments.
The addition of kids to Dad's lineage AFTER your child 1 won't affect support for child 1. The existence of those kids PRIOR TO the birth of your second child (Dad's #5), however, will severely limit Child 2's support.
Federal Law caps the amount that may be garnished from anyone's paycheck. The cap is the lesser of 25% of disposable earnings or the amount by which the debtor's disposable earnings exceeds 30 times the federal minimum wage. The law has an exception, however, for child support withholding. This federal law applies to ALL state cases . . . including child support cases. The child support withholding exception says:
Sec. 1673 Restriction on Garnishment
(2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed—
(A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual's disposable earnings for that week; and
(B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual's disposable earnings for that week; except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.
(C) Execution or enforcement of garnishment order or process prohibited. No court of the United States or any State, and no State (or officer or agency thereof), may make, execute, or enforce any order or process in violation of this section.
15 U.S.C. 1673(b) and (c)
So, if you're single and paying support, the cap is 60%. If, however, you currently have a dependent spouse or child, then the cap is only 50%. There's an exception to the exception, too: If you're paying off an arrearage that's more than three months old, then caps are raised to 65% and 55%, respectively.
Anytime I upset my ex ( recently filed a motion of modifications on my parenting time) she tries to file a order of protection on me. She previously (2013) filed one on me stating I had molested my daughter. I was cleared by the investigating agen...
Two filings -- one in 2013 and one in 2015 -- hardly constitutes "continually." It sounds like the one in 2015 wasn't even allowed but was denied without you ever having to appear in court. Is that right? If so, what's the big deal?
If there is some kind of real problem, here, contest the filings and show they are false and brought in bad faith and seek sanctions under the appropriate rule.See question
Caught daughter-in-law with another male on four different occasions and confronted them once, no violence. Told him should probably explain to his wife. Told daughter-in-law to get out of our house where she lives rent free with our son.
Arrested? Probably not arrested. You might, however, find yourself on the business-end of an Order of Protection . . . and you don't want that. You should 1) stop posting about your antics online and 2) let your son manage his marriage.
Your DIL has the right to remain in the marital residence for as long as she wishes -- that's not up to you.See question
My ex-husband and I were married and divorced in AZ, he moved away and in our divorce decree it does not say who pays for travel, our divorce was in 2007, since then I have moved to Illinois which is 545 miles closer to him and had the case moved ...
Your question doesn't make sense: If, in your divorce decree "it does not say who pays for travel," why are you "having to pay half if not more for my ex to see the kids?"See question
I was paying child support for 3 children, all with different mothers. 3 years ago I was paying $2500/mo. Two of my children are grown and I'm done with child support from them. Due to Illinois ordering me to pay more than my HR department could g...
Your facts are a little unclear. If he's 18 and done with HS, CURRENT support should stop. If he's still in HS, CURRENT support continues until graduation or his 19th birthday, whichever occurs first. Once he's emancipated, the amount of support withheld should continue to be withheld without reductions and applied against the arrearage. If you've suffered some involuntary reduction in income you may seek reduction in CURRENT support OR the garnishment being applied against the arrearage. The bottom line is that, until your arrearage is satisfied, they should continue to garnish at the old rate unless you suffer an involuntary reduction in income.See question
I want to move 2 hours and 40 mins away from my current town. I live in illinois but want to move to the stl area. My current husband (we are filing for divorce) will only let me if he doesn't lose his rights to our son and that is the furthest we...
You may agree to
1) Allow you to leave Illinois with the child;
2) joint parental decision-making; and
3) meeting half way for parenting-time exchanges.
Hire a lawyer.See question