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David Matthew Gotzh
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David Gotzh’s Answers

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  • Can my e x wife get custody back from me?

    Last July my ex wife gave me custody of are 15 ur old son. It was a agreed order. Now today she says she's going to get an attorney and try to take custody back. I'm under the impression that these custody orders are set for two yrs in are state.

    David’s Answer

    To bandwagon on with the other answers, the NEW statute in question is 750 ILCS 5/610.5, which generally requires 2 years. HOWEVER, if someone files a motion pursuant to 750 ILCS 5/603.10, the court can take evidence to restrict allocations if filed under 2 years. This is all very fact dependent, so talk to a family law attorney in your area for specific guidance.

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  • Can I get divorce in us?

    I am Indian citizen my husband is us citizens he came India for marriage.i just came before 1 yrs.he is not giving any money. he also not allow me to call my mom dad.i was pregnant but due to this condition i did abortion.we have so many dispute. ...

    David’s Answer

    The requirements for Illinois is that one of you has to be a resident of the state 90 days before filing (Or 90 days before entry of judgement). Meaning if you meet the residency requirements, you can get a divorce in Illinois. Now whether the court will have jurisdiction to divide property/debt will depend on all the facts of the case. Talk to a family law attorney in your area for specific guidance.

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  • Can a judge completely disregard an existing MSA and JPA in regards to post divorce college expenses?

    I have been embroiled in a year long court battle with my ex-wife over a martial settlement agreement in which she owes me a substantial amount of money. Our attorneys finally went before the judge (in chambers) where my ex's attorney stated that ...

    David’s Answer

    Since you have a lawyer. iARDC rules limit what I can say here (These are the people that can disbar ham sandwiches). However your question indicates this is a Skokie matter, and it may be presumptuous but if the case is being heard in Skokie, I think I know which judge might have made said recommendation.

    Regardless, you have two ugly ugly options. Option one, hire a new one. With what money, I have no idea. Option two, go pro se and hope for the best. There really isn't a third option here.

    I wish I could be more useful here. I'll post some statutes that you might find insightful, the first is college contribution rules under 750 ILCS 5/513, and the second is reimbursement of attorney fees for violating court orders 750 ILCS 5/508(b).

    Sorry this has happened. Best of luck.

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  • Advice on Citing Case Law

    Hello. I am preparing for a hearing in small claims court of which I am the Defendant. I found some case law applicable to my situation at the Law Library in my County using their paid service that they allow the public to use. I also found some o...

    David’s Answer

    I use FastCase, comes with the ISBA subscription (Free plug out to them). On a practical level, good chance the judge knows all the relevant cases. On obscure stuff, yes, but basic lawyer 101 stuff I generally don't. If you feel it's important, considering printing out the entire opinion, highlights the parts you think matter, and see if the court concurs.

    Naturally the devil is in the details, so talk to an attorney in your area for specific guidance.

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  • I have 2 separate orders, each for 2 children. Can I be required to pay 56% of my income?

    I have 2 separate orders for 2 children each. I currently pay 28% to each mother, and am left not being able to afford basic things for myself. Is it legal for the state to take 58%of my income? I pay all their health insurance costs as well. I un...

    David’s Answer

    Agreed. Absent a time machine, if they're both reduced to orders then very difficult to modify absent opposing part(ies) being in a really good mood. Talk to an attorney in your area for specific guidance.

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  • Subpoena: how to deal with a subpoena to a third party (not a party to the case) that is about me/my info? Post litigation

    Hi - My ex's attys filed a Motion to Modify Support (due to their belief that my employment status has changed - it hasn't; I don't receive income). In the hunt they also issued a sub. to a 3rd party (not a party to the case) requesting a litany ...

    David’s Answer

    Your questions doesn't say it, but this appears to be a child support issue or related. I've answered it as such.

    If the subpoena is improper, you have to file a motion to quash ASAP. Or the company can hire a lawyer and file their own motion (Really depends on the wording of the subpoena), but usually they stay out of this sort of thing. Usually. Bear in mind that what's discoverable isn't the same as what's admissible. So the judge often gives broad deference to what's requested.

    Odds are you're right that it's just fishing and since they're not going to find anything, nothing to worry about.

    BUT (I wish I could bold/underline this) if you think that something is going to come to light that's not, for lack of a better word, flattering, then NOW is the time to do damage control. I had a case once where the opposing party failed to disclose they were making a small annual income while collecting unallocated support (That's a blend of maintenance and child support), and they denied they were working all the way up until they couldn't (A IRS 4506 was presented at the Hearing), then switched gears and said "oh I forgot I worked there." The judge terminated support, BUT did so retroactively to the date said person first started working there, which predated my petition. A monstrous judgment was entered against this person, in favor of my client. It wiped them out. Now in that case, I'm 95% positive had the person handled it differently, perhaps engaged in mitigation/damage control instead of doubling down, it would have been a different outcome.

    Off soapbox. For quash issues, you'll want to talk to an attorney that handles domestic relations cases in the county your matter is pending.

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  • Can my spouse get arrested if he doesn't pay alimony on the time that he is suppose to if it come straight out of my check from?

    I am going though a divorce and the husband didn't pay me but it comes out of my check what do I do ?

    David’s Answer

    Based on this, and some followup comments, it looks like (If I'm understanding) that he's off the job and on workman's compensation. If so, first look to the wording of your support judgment to see if this is somehow addressed. THEN, if it's silent, see if he filed anything to reduce maintenance. If not, technically he may still be on the hook for past installments.

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

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  • How does the hearing for my lawyers to withdraw as my counsel and for me to represent myself proceed?

    I had to terminate my lawyers in my divorce and custody case because I could no longer afford their services. The hearing for my lawyers to officially withdraw is approaching. I filed the motion to represent myself pro se already. What is/are the ...

    David’s Answer

    Ditto. If there are no hot potato issues, you can just tell your lawyer you agree and stay home that day (Per statute they have to send you a copy of the order within 3 days).

    Last thing anyone bankrupted wants to hear is "gee, go hire another one." So I won't, except that if a more affordable lawyer is doable, consider that. Price does not equate to quality, trust me. There are many affordable lawyers who do amazing work, and there are some high priced firms that (in my opinion) juice parents and do nothing. A little research will vet out "whose who" in that regard.

    Sorry this happened, but best of luck.

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  • May I ask for sanctions after a case reached a settlement if I discovered the lawyer fraudulently misrepresented case law?

    It is 11 months post settlement. Family was in from out of town for the holiday and asked about the case. Now that I was able to talk about it I shared why I settled instead of going to trial. I shared opposing counsel's legal argument. I was ...

    David’s Answer

    Can't appeal a settlement, only a 1401 vacatur, and it won't work since you have to show due diligence. Judge presumes when you signed it that you did your own research. I know, you got hosed, but it is what it is.

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  • How to get another lawyer.

    I hired a lawyer in a attempt to get past due support which is owed to me. After going to court the judge ruled in my favor and a award was given. After three or four attempts to get the respondent to appear no shows and a comtempt of court was ...

    David’s Answer

    I think I understand your question; it's a problem solo practitioners never have. But large do. The people on the letterhead eventually outsource the cases they feel are less urgent to boot lawyers. Well, not all of them are boots, but a good amount are. I could name names, but I won't.

    Regardless, it seems the real issue is getting the ex to actually pay what's owed. Sometimes a body attachment isn't enough, sometimes you have to get super draconian and start doing bizarre (But allowed) things like drivers license suspension, citation to discover assets, or a 3rd party citation on a bank. Or file a memorandum of judgment.

    I mention this SOLELY to point out that perhaps a meeting with the new lawyer to discuss your options is a good way to move forward. Or you can hire someone else - but I would shop around and maybe see what other's have to say. If they're all saying the same thing as your current lawyer, it might not be in your best interest to switch. But if they have a different strategy that you prefer over the present one, then you can certainly consider that.

    Enjoy your 4th of July weekend.

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