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David Matthew Gotzh

David Gotzh’s Answers

4,807 total


  • Can a non custodial child be added to anyone's t.p.o

    My ex employer served me with an emergency protection order. My court is the 29th of this month. The problem I have is that my girlfriend is her ex daughter in law. She has no ties to her whatsoever and is not allowed to see my girlfriends childre...

    David’s Answer

    The petition can (generally) extend to anyone in the household of the moving party. I'm guessing an emergency OP was entered, and the 29th is the return date for the plenary hearing. Because this puts you in LEADS and can be in effect for up to 2 years (with some exceptions which I won't go into), it could adversely impact your life (where you can go, who you can contact, etc).

    At least talk to an attorney in your area for specific guidance, even if you can't afford to retain one. These are high octane hearings, so you have to get it right the first time. Best of luck and hope this helps.

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  • Income dropping after divorce

    So I was employed during our divorce proceedings, and now I became be self-employed, through my own corporation. The child support payments are below the guidelines. As a result of the change in my employment situation, my personal income drops...

    David’s Answer

    Under the new statute [750 ILCS 5/505(f)], any change of employment generally has to be reported. Meaning, anything Jan 1 of this year or later, in theory, you at least have to let the court know (And by extension the other side) that there's a new job and it's health insurance. Now if the opposing party doesn't file/do anything, you need not worry and just continue to pay as ordered.

    Talk to a family law attorney in your area for specific guidance.

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  • Can GAL a charge for fees after a waiver for the fees was granted?

    Going through a divorce, my wife filed and isn't working and I don't think she filed a waiver for fees in order to have me stuck with them. Anyway about two months in we were assigned a GAL. He explained he had fees and I had lost my job and ...

    David’s Answer

    Absent a timely filed motion for reallocation of fees, what's done is done. The only issue is whether the fees were reasonable and necessary under the Kaiser standard (It's an old landlord tenant appellate case that lists what a lawyer should, and shouldn't, bill for). But if the fees where already reduced to judgment, then that ship may have already sailed as well.

    Talk to a family law attorney in your area for specific guidance.

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  • What else do I need to prove my ex husband is unfit?

    Divorced since 2010, we have 3 children 12b and 15g. He lives with a woman since 2010 that has 3 kids from 2 father's but just recently was granted 45% custody of one and 20% of the other. She is a former stripper/escort. They had a po*n business ...

    David’s Answer

    Absent an adoption which terminates his legal rights, he'll always be the legal father. In a family law setting, the court can only address parental responsibilities (ie, who decides schooling, medical, activities, etc) and parenting time (formerly known as visitation). If you already make all the decisions, then the only issue is parenting time (At least as far as what the judge in Domestic Relations court can do).

    In regards to parenting time, the judge can modify the time periods, or restrict it in some way (Like supervised parenting time). In rare, and extraordinary cases, the judge can bar parenting time - but that usually only happens when there's fact to suggest parenting time with a particular party will cause some type of foreseeable harm.

    It's frustrating when you see the limitations of a domestic relations judge, I know. They can't waive a wand and make the bad parent good, and their civil courts, so they generally lack the power to punish as well.

    Sorry this is happening. Talk to a family law attorney in your area for specific guidance.

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  • Need help

    My wife got a temporary order of protection against me. It is bs. Because she is the one that is harassing me. Since she got this op against me. She keeps coming over to the house and harassing me. Calling me. I have three police reports on her fo...

    David’s Answer

    If in McHenry County, contact Prairie State Legal Services or the County Bar Association for help. Best of luck.

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  • Process for issuing Subpoena in a Divorce Case?

    If both parties are acting as Pro-Se in a Divorce Case, and Plaintiff is not co-operating in the Discovery Process, can the Respondent Directly go to the Judge without informing the Plaintiff and get a Court Order to issue a Subpoena to Plaintiff'...

    David’s Answer

    To clarify, the clerk of court issues the subpoena, not you or the judge. You have to also pay the service and statutory mileage fee, and if it's records from a bank, the bank record fee. Also, if it's bank records, each bank has specific requirements (And virtually secret addresses that they have to be sent to) or they'll object/ignore it. If you're pro se and never done this before, you can imagine how hard it will be to do it right the first time. That's ok, if I had to install flooring, doubt I'd get it right either.

    So let's talk about something cheaper/faster/less complicated. If someone properly serves a Rule 214 notice to produce, and 28 days elapses, and no one objects or responds, and you do your 201k conference (Or at least try), then wouldn't it be faster/quicker to file a motion to compel vs. you paying hundreds of dollars for bank records/service fees/milages/etc? Because then you have a court order, and the possibility the judge will issue sanctions as well.

    This presumes you did your 13.3.1 exchange first, otherwise you need leave of court to do additional discovery (Or just do the 13.3.1 then serve the requests).

    Perhaps talk to a family law attorney in your area for specific guidance?

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  • My husband filed divorce papers on 5/25/16 and I still haven't rcvd the summons. Is there a way I can check when I will rcve it?

    I am located in Cook County, IL - my husband filed divorce papers on 5/25/16 in cook county. I still haven't received the summons - is there a way I can find out when I will receive it? Would I call the courthouse or who would I contact?

    David’s Answer

    That's up to the speed of the process server - usually the county sheriff who will show up at your home, or your job, and hand you papers.

    If you want to bypass your neighbors/co-workers from seeing the sheriff show up (And get the misimpression you've done something wrong), just file an appearance, which will waive service. You will also get 30 days from the date of filing an appearance to also file an answer to the petition for dissolution.

    Talk to a family law attorney in your area for specific guidance.

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  • What can i do?

    I recently changed jobs and am making 7 an hour less. Went to court to try and get my child support adjusted, and the judge denied my request. I am now having almost 300 dollars a week taken out of a 550 dollar check. I can't even afford my b...

    David’s Answer

    Motion To Reconsider, BUT low probability (Generally) of it being successful. Having a lawyer for it is almost a requirement. Not what you want to hear, I know, given money is tight. Talk to a family law attorney in your area for specific guidance.

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  • My settlement money for my son's traumatic brain injury is gone because my lawyer's house was about to get foreclosed.

    my lawyer had to spend my $150,000 check to pay off his mortgage debt so that his house doesn't get foreclosed now he says that it will take him years to return my settlement money to him. my soon needs that money to pay rehabilitation. are there ...

    David’s Answer

    This is why people rank us just above "slug" and "cockroach" on the likability scale. As the other have said, iARDC has the power to disbar a ham sandwich. Talk to them, they don't mess around. Sorry this happened. As the other lawyers have indicated; pure shock.

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  • Laying a Legal Foundation for Photos and Business Records there were obtained Voluntary and not from a Subpoena or Discovery.

    Right now I am in Litigation with Party A. Party B has Photos and Business Records that are Relevant and Pertain to the Subject Matter of the Litigation between My Self and Party A. I asked Party B to give me the Business Records and Photographs V...

    David’s Answer

    It'll also depend if this is, or isn't, small claims. Generally you need leave of court to do discovery (perhaps why you asked for it voluntarily). Things run fast and loose in small claims, the rules are heavily relaxed, so the rules of evidence are still rules, but in other ways, they are more like "recommendations."

    Welcome to Illinois.

    Talk to a civil attorney in your area for specific guidance.

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