I do not want my child there. He has no drug charges
If there is a court order in place, then a failure to follow the court order could result in a request by the father to enforce the order. When a child is endangered by being in the care of any party, then an emergency motion may be made to the court at any time to bring the danger to the judge's attention. However the proof of the danger must be "clear and convincing" in order for the judge to order that the parenting time be restricted or suspended.See question
In almost every case, retaining a lawyer experienced in the field of law with which you are concerned will result in a faster resolution of your matter.
Another important question to ask might be:
"When do I need a lawyer?" Or,
"Is this an area where I am able to represent myself?"
In a few areas of law, (a simple name change petition for example) many individuals are able to quickly and efficiently fill out the necessary paperwork and appear before the judge without a lawyer.
In other more complex matters, the lawyer's preparation of the necessary petition or complaint is indispensable to moving the case forward.See question
Yes. Pension income is a source of income from which a parent may be ordered to pay child support. Generally, both parents have an obligation to support a child.
Please know that on July 1, 2017 the law in Illinois will change significantly with regard to the manner of calculating the child support obligation. If child support has not already been established, the change in the law may potentially impact the amount of support each parent is to provide for determinations after that date.See question
My child support order was started in 1998. In a law that was initiated in 2005-06, interest was then added to child support. Because my order was before this law, the interested that has been added is incorrect. I am now finish with my child s...
"Effective January 1, 2006, PA 94-0089 imposes interest on overdue spousal maintenance obligations, including unallocated-support-and-maintenance obligations. A companion statute, PA 94-0090, changes the formula for calculating interest."
[Source: ISBA website]
And if the matter is active in court,a request can be made for an account adjustment review. This will give a detailed breakdown of the principal and interest the amount owed to the state and the amount owed to the other parent.See question
I want to have legal rights for my son because if she gets mad for what ever reason, there. Goes my weekend with my son.
Good resource for referrals to free or low cost legal help is
Coordinated Advice Referral Program for Legal Services
Or call the hotline at 312-738-9200
For information about family law matters, you may find helpful tips and tools at Illinois Legal Aid Online:
My court date is in 3 weeks. I unfortunately need more time to obtain money to hire an attorney will a judge allow this?
I agree with the answer given in the case where the matter is up for the first time. The judge will allow time for the filing of a court form called an "Appearance" and time to seek counsel.
You may be asked if you will agree to a proposed temporary order for child support and to an order for parenting education and mediation if there is no agreement as to parenting time.
Warning: When a case has been set for trial or hearing, generally a continuance will not be granted except for good cause shown and then the request must be in writing and accompanied by a sworn affidavit.See question
My soon to be ex's parents are drug abusers- they pop pain pills all day long but are given scripts for it because of "pain". Also the grandfather smokes cigarettes then breaks the ends off and puts the rest of the cigarette in his pocket. He stin...
Illinois law has undergone significant change in the past year or so. As a quick answer to your question, the answer is no, that a "private investigator" will not be helpful to the situation according to the facts as given. Your complaint appears to be that the grandparents abuse painkilling medications and are too impaired to care for a 2 year old or respect your wishes regarding smoking in the presence of your son.
Under the new law, each parent must provide the court with a parenting plan and also take a parenting education class in order to be better equipped to address the child's best welfare. There are also provisions under the law regarding "visitation by non parents". A description of these provisions are found online as follows:
Visitation by non parents
My husband made written affidavit testimony that prevents me from getting temporary support and legal fees, and claims he needs more and more times for discovery.
The best way to establish the right to support is by obtaining third party proof of the respective income and expenses of both parties. Local rules require that both parties provide that proof.
The rule says this proof consists of "copies of the party's last two (2) calendar years’ filed individual, partnership and corporate federal and state income tax returns, the most recent pay stub showing year-to-date earnings and deductions therefrom, or if the year-to-date information is not provided by the employer, the five (5) most recent pay stubs, and records of any year-to-date additional income and compensation (paid and deferred) not reflected in the pay stubs. Where a party has not yet filed a federal or state income tax return for the prior calendar year, the last filed year’s return shall be served upon the opposing parties as well as all W-2's, 1099's and K-1's received"
If you concerned with false affidavits then it is important to establish the authenticity of the documents provided. Subpoenas directed towards a party's bank may be necessary.See question
He is abusive and a cheater. We have one daughter she is 6. He does nothing for her. He us on disability he gets two checks a month for being paranoid schizophrenia.
Illinois is now a "no-fault" State if you are considering divorce. So the adultery won't be a factor,
However, in living separately, if your husband is spending marital funds in a way that the court agrees is "dissipation". In that case, he may be ordered to reimburse the marital estate. There are important time frames involved here, so you should seek advice quickly if that is your situation.
The child is entitled to child support and there may be a dependent allowance available from the disability income. Your possible actions could be a petition for divorce or legal separation, maintenance (formerly called "alimony"), or simply a petition for child support. You may find it to be to your benefit to seek consultation with an attorney in person in order to help you establish your goals and take the next steps.See question