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Wes Cowell

Wes Cowell’s Answers

3,475 total


  • Is there anything that could prevent me from seeking to change parenting time when there has been a change of circumstances?

    I have a motion before the court to modify parenting time. We last modified parenting time in 2012 just to formalize our week-on, week-off timeshare. We have been divorced for almost six years. At this time, the judge in our case is not happy as w...

    Wes’s Answer

    There is nothing that could prevent you from seeking to change parenting time when there has been a change of circumstances. There ARE things that could prevent you from changing parenting time regardless of a change in circumstances. You may also be sanctioned if your motion is found by the court to be frivolous, vexatious, or constitutes harassment. 750 ILCS /610.5.

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  • How can i go about getting this divorce rolling? I am sure I'll have to do a publication divorce. I just got myself out of debt.

    My husband and I separated in 2010. We did not own any property or have any children so splitting up our stuff was the only thing we had to do and we did it. No issues. He moved to down state Illinois. He left me to pay off a lot of debt. I worked...

    Wes’s Answer

    Have you thought about hiring a lawyer or working with a lawyer to get your case done? That's a pretty good idea.

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  • How much time do I have legally before he can evict me? How does this all work??

    Hi, I have been living with my boyfriend in his house for 4 years, it is my residence. He has ended the relationship about 2 weeks before Christmas 2015 and wanted me to move out right away. I need more time to save up some more money first.

    Wes’s Answer

    I don't think you're even a tenant. You don't pay rent, do you? I think you're a guest and when asked to leave private property, guests leave. If they stay, they're trespassing and that's when the cops get called.

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  • Why would my child support payment be less?

    I receive child support from my ex husband for our 3 kids. My payments haven't changed over the last 3 years as he hasn't received any change in pay, etc. However, my first support payment that I received this year was less than the expected am...

    Wes’s Answer

    Your child support hasn't changed. The amount you've been paid is less than what you're due. Call your lawyer to get it cleared up. If you don't have a lawyer, you need one.

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  • Do I need a QILDRO? And should this be in our DOM agreement?

    I am in the process of getting a DOM.I have been married for 3 years. My soon to be ex-husband is a Chicago Police Officer.We are scheduled for a prove up but I have not signed the divorce agreement as of yet. I am confused as to why there isn't a...

    Wes’s Answer

    The divorce paperwork must clearly say that you're getting a portion of the pension. Its usually the job of the person receiving the share of the pension to prepare the QUILDRO. If you're getting the money, you do the legwork.

    It's no big deal -- your lawyer will take care of it for you. If you don't have a lawyer, you need one. Hire one.

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  • Can I request a certified copy for the court order of the legal guardianship I am under if I am underage?

    I am 17 years old and I just filled out the FAFSA. I was considered to be an independent student because I am under a legal guardianship. I was advised to have a copy of the court order just in case the universities that I got accepted to want to ...

    Wes’s Answer

    I bet you strike out when you go to the courthouse to ask for a copy of the guardianship papers.

    Most guardians are very diligent in hanging on to their paperwork and most would have no problem working with you to help out in the college application process. I suspect that the reason your guardian is flagging is that there never really was a guardianship case. Lawyers see this happen all the time.

    You don't give any background in your post, so this is all speculation. It's possible that your birth parent(s) placed you with a family member / close friend and no one ever bothered to go to court to deal with the legalities. Instead, they grab the nearest scrap of paper and write up an agreement. If they're particularly careful, they may have the agreement notarized. That's it -- no lawyer, no legal advice, no judge, no nothing. They may run into a scrape early on with school registration or going to a doctor or something, but they get around it one way or another.

    So, at this point, when you ask your guardian "Will you help me get a certified copy of my guardianship papers?" the guardian thinks "uh-ohhhhh . . . ."

    I suggest you ask the guardian for any particulars he or she may recall: a lawyer's name? a piece of paper with a case number? a judges name? Which courthouse did they go to? How many pages long were the court papers? Were they typed, handwritten, or fill-in-the-blank forms? I think you'll find that your "guardian" isn't really your guardian, at all. Your "guardian" is probably a family member or close friend of the family who has a scrap of paper in a sock drawer or something and who never went to court to seal the deal of guardianship. If your "guardian" admits there was no court filing, then there's no need to trek to the courthouse.

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  • What am i legally able to do? Am i able to say he cant see him? What am i able to do about child support?

    My ex (childs father) and i were together 6 years, which he was probably around altogether 2years. He is behind 10,700 on child support. He gets a job, child support will start coming out and he will eventually quit his job. He would only come aro...

    Wes’s Answer

    Since there is no visitation schedule, you call all the shots. You should hire a lawyer if he files to go to court.

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  • How do I get him served?

    I have filed an indirect Civil contempt in McHenry County, IL My ex husband is incarcerated in the Federal Prison in Milan MI. He was to sign a collateral assignment for our Children's trust and has failed to do so. The judge wants him served to...

    Wes’s Answer

    You don't have to serve him. Your lawyer will take care of this. Once served, you'll have to work with your lawyer to get him out of prison and back into court.

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  • Do I have to abide by the court order if he is not following the directions of the order?

    I have a temporary order of protection that states the receiving parent is to provide me with two weeks notice date and time of when he is getting our daughter for the Christmas break. I informed him a month before of her winter break and he calle...

    Wes’s Answer

    Talk with your lawyer. If you don't have one, hire one -- you're looking at a few hundred dollars in fees and your trying to secure a peaceful holiday.

    Orders are orders and should be obeyed. Still, a judge will take a dim view of hyper-technical adherence to rules that negatively impact a child's Christmas holiday. Call a lawyer.

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  • How can I get my name off these mortgages and account since he left me in limbo and my credit is suffering?

    I divorced my ex August 2014. He assumed responsibility of our 2 properties in illinois and a home equity loan. All have both our names. The divorce agreement gave him one year to refinance all to remove my name. He did not. He filed bankruptcy w...

    Wes’s Answer

    You should call your lawyer -- the one you worked with to do your divorce. Your lawyer (the one who did your divorce) should have all the information. It sounds like you may be on the hook for the mortgages and the HELOC. It depends on the language in your court papers, however. There may be a way out of this for you.

    At any rate, it all starts with the court papers; and that means a call to your lawyer. If you didn't have a lawyer, get all your papers together and hire a lawyer, immediately.

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