Archived
Do I need to file a written answer to a Indirect civil contempt/ rule to show cause?
David's answer
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Answered on June 19, 2012
You should always reply to a rule to show cause, otherwise the pleadings can become judicial admissions (not good). Talk to a family law attorney...
Archived
Do Illinois judges concider "Parent Alienation" scientific? Do they allow these allegations in there court room?
David's answer
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Answered on June 19, 2012
Depends. Your question lacks sufficient detail to point you in the right direction.
Archived
Is there any way to obtain some type of emergency custody order before actually starting a divorce file?
David's answer
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Answered on June 19, 2012
Review the Illinois Domestic Violence Law, you may be able to petition for an order of protection for the minor child. See a family law attorney...
Archived
My boyfriends ex wife is remarrying, and i want to know how this will effect child support.
David's answer
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Answered on June 19, 2012
Generally no, at least not for purposes of modifying an existing order. Read 750 ILCS 5/510 to see how the statute addresses support modifications...
Archived
I am trying to find out how to move my custody case from Virginia to Illinois.
David's answer
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Answered on June 18, 2012
Since neither party currently resides in Virginia:
1) You will need to get a certified copy of the judgment entered in Virginia.
2) You will...
Archived
Can I get an order of protection on behalf of kids to keep exs boyfriend with a felony driving conviction from driving my kids?
David's answer
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Answered on June 18, 2012
Depends. 750 ILCS 5/607(c) controls most parenting time modifications. An attorney would have to review the "rap sheet" first to see just what's...
Archived
I have a trucking company and my company is incorporated. can my ex-wife gets child support out of what the company is making?
David's answer
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Answered on June 18, 2012
Read 750 ILCS 5/505, the child support statute. Anything you bring in is "income," subject to rebuttal. Under 505(a)(3)(h), a business can make...
Archived
Im a father and have visitation of my daughter this weekend for fathers. I told my ex I would be unable to return her on sunday
David's answer
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Answered on June 16, 2012
If the parenting schedule that you adhering to isn't working, you need to modify FIRST unless she agrees (Best get that in writing). With this...
Archived
Can you collect maintenance from your husbands unemployment? How do you go about it?
David's answer
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Answered on June 14, 2012
No, only HFS can pull from IDES.
HOWEVER, you can file a rule to show cause for unpaid maintenance, given the choice between jail or paying,...
Archived
Ex wife claims a warrant is being issued because i failed to make payments on a co-owned car. is that grounds?
David's answer
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Answered on June 14, 2012
For a warrant to issue, there first must be a petition for (in most cases) indirect civil contempt. The petition must be entered, and you are...
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