I just got my daughter back from her mom. she told me while she was down there her mom drive drunk with her in the car multiple times, she tried to hit her boyfriend with her car while drunk and she was in the back seat and was arrested multiple t...
It's our gag-reflex to say "Run out and throw $$$ at a lawyer, we'll solve all your issues." I won't repeat the other answers, but will discuss in broad strokes, how the process works here in Illinois.
First, if you're not filing anything, no one (cops, judges, whatever) is going to reach out and help. Meaning it's a private matter between you and your wife, and it generally stays that way.
Second, divorces are catastrophically expensive if people can't work out these issues, regardless of who is right and wrong. I mean, how many jobs do you know where it's normal to get paid $200 an hour? Not too many. On top of that, the judge is going to order mediation (unless there's an OP out there), if that fails then a Child Rep/GAL who has to be paid for by the parties could be appointed, or a psych eval (Also $$$ and paid for by the parties), or worse, both. Then papers and reports are flying everywhere, hearing on temp issues, and next thing you know 18-24 month has elapsed and the judge is setting it for trial.
Now you know why I'm bald.
So if you're going w/ door #2, divorce, before you rain fire in the courtroom, see what issues you and her can agree on. Ask for a face-to-face meeting to hash things out. The more you take off the table, the easier it is on the child and both of your pocketbooks. Maybe with your support, she'll seek help? That certainly seems easier than going the hard route.
I'm sorry this is happening, but best of luck. If you do need specific guidance, talk to a family law attorney in your area.See question
Divorce finalized in Illinois. Ex moved to Mississippi with children. Does child support have to be modified to Mississippi laws? I.e.: Illinois age of majority is 18, Mississippi is 21. Oldest child is now 18 and graduated high school.
Absent you agreed to have the judgement enrolled in it's entirety in Mississippi, child support jurisdiction stays in Illinois unless you leave the state as well. So although Mississippi is the home state for UCCJEA purposes, Illinois is where you file to modify support. Talk to a family law attorney in your area for specific guidance.See question
A payday loan was taken out in my name. I did not take it out; however, because the amount was so low, attorney costs were more than the amount of the loan! So, I just did an agreed settlement with the creditor and the case was dismissed w/o preju...
They're only required to serve it to your last KNOWN address. If you did not send them specific notification of an address change (Or file a notice of change of address with the clerk of court), you can see what you problem will be. At this stage, the bleeding has been done, and specific guidance will best be found by talking to a small claims attorney in your area for specific guidance.See question
I am going through custody battle for my son, my ex is setting me up to get arrested constantly calling cops DCFS all cases are getting dismissed and unfound but he is still not letting me see my son and his attorney keeps going around so the judg...
$40k? Was the lawyer made of gold?
Levity aside, and I respond to this presuming you're currently pro se, the judge isn't going to really do much except in a) a circumstance where you file a motion to address it pursuant to the NEW 600 series rules or b) at the final trial where you will be bullied because you don't have all 1200+ pages of Graham's Handbook of Illinois Evidence memorized, along with basic civil procedure experience.
This isn't to goad you into hiring an attorney, just pointing out how these often go. Judge's are bias towards lawyer, but not because of elitism or class warfare, because we're trained to argue issues in a specific manner, you're not. Just like I can't repair drywall to save my life, there are certain things in life we need experts for. Ok, advertisement over.
The difficulties I run into in DCFS abuse is that the reports are confidential, so unless dad spills the beans, you won't be able to prove it was him. So I'll have my client testify that DCFS was called out a dozen times, the other side will pretend they don't speak English, and the judge might infer something, but sometimes just concentrates on what can be proven. So it's very tough going.
Focus on the evidence that is admissible, and learn NOW how you can get that properly admitted (I mentioned a book, if you're doing this pro se, it's practically mandatory you own it and start reading). I suspect once you see how hard it is for basic documents to get admitted, you might reconsider going this alone.
Sorry this is happening, but best of luck.See question
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...
I'm going to take a stab and guess (And who knows if I'm anywhere near right on this) that if the new 504 guidelines were used, they simply worked out an offset. Meaning instead of, oh, $32k a year in maintenance (Alimony), they dropped it to $18k (Who knows what her net of $36k is, but assuming no deductions she would have had to pay $12k or so in support for three kids). So 32k - 12k = 20k. So maybe judge figured it made more sense to offset and have just one pay the other $18k to avoid an absurd result.
If you're seeking to do something about this or to answer specific questions about the case, take your paperwork to a family law attorney in your area. Best of luck and hope this helps.See question
I got a phone called yesterday from my kids father telling me i have to go to court on Thursday. I ask him why and he told me don't worry about it. I didn't get any court papers in the mail or by the police that say I have court. He didn't give me...
"Don't worry about it," also known as famous last words.
Without knowing the case number or the motion filed (or county it was filed in), hard to say. Some civilized counties, like Will County, let you actually view electronically what was filed. Others, like Cook, require you get it from the clerk. He's supposed to mail you a copy of what was filed to your last known address - sounds like didn't, which would explain his last second decision to let you know about the date (So he can, more or less, "truthfully" represent you know about it).
Without knowing more, my superstitious side tells me to say "Find a way to get there." It's likely a presentation date, meaning if you appear and object, you should get 21 days to respond in writing/find a lawyer/etc. The judge USUALLY doesn't do anything on a presentation date unless someone is screaming child endangerment. But again, no one knows what's being plead, which is why I'm suggesting appearing.
OR you can retain an attorney to appear for you while you stay home. If his motion is 100% pure garbage, they can ask for monetary sanctions to at last make back what you invested (And encourages him to stop filing said garbage). Talk to one in your area for specific guidance.See question
This is not an immigration issue, however related to USA Passport for a minor. I am divorced parent of a 10 year old USA citizen (by birth). I have sole legal and physical custody of my child. However, non-custodian parent has put my child on Chil...
I had this happen once on a case I had 2 years ago. Get a certified court order from your judge granting you sole power (Which you already have, but we're talking about state dept bureaucrats here) to get the passport. The State Department will issue a passport pursuant to a valid court order.
Again, from the facts indicated in your post suggest you already have this power - HOWEVER, to be on the safe side, talk to a family law attorney in your area for specific guidance. It may be as simple a spindling a motion date and getting a specifically drafted order, or it might not, depending on what's going on in your case.
Sorry this is happening, but hopefully this helps point you in the right direction.See question
My wife took 170 dollars from me when we broke up i called the police and they told me it was a civil matter. So would it be a civil matter to get my money back by selling off her laptop?
Is a divorce pending? If so, you're barred from dissipating marital property w/o leave of court and can be forced to reimburse it upon order of the court. Meaning, why throw gas on an already lit fire?
I get she ripped you off, happens all the time. But today for example, I'm waiting for my case to get called in front of Judge Lopez. He's hearing two pro se litigants argue over $200, 15 minutes into it he tells them to go away, clearly annoyed that he has to hold up the other cases over a paltry amount of $. My point is, judge's generally don't want to hear about $170 or $200. Now $5,000, ok. But in Cook it costs $350 or so just to file for divorce, and $237 just to file an appearance (Answer). Your county may be cheaper, but likely not less than $170 to open a divorce case. Do you want the crux of the case to be over the missing $170?
In short, never spend $20 trying to recoup $10. Talk to a family law attorney in your area for specific guidance.See question
I live in IL and the petitioners visitation was suspended due to not appearing at an order of protection case. At that point the O.P. was granted. The petitioner continued to file for visitation twice and didn't show up to court. The judge then to...
Usually what I see, in extreme cases of people repetitively filing, is the judge (There's a very good one in Bridgeview who does this) entering an order requiring the moving party first seek leave of court to file a motion/pleading. I completely get what you're asking however, the other side is filing motions/pleadings they have no intention of hearing except for harrassment/delay/improper purposes.
You may have redress through Rule 137 or a 508(b) pleading (See last sentence of the statute), facts depending. Meaning if a judge orders a monetary sanction against the other party for wasting everyone's time, good chance they might stop ASAP.
Talk to a family law attorney in your area for specific guidance.See question