Archived
Regarding income averaging...If there was a fluctuation in income, how many years can you income average?
David's answer
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Answered on July 23, 2017
WIthout speaking to your case, income averaging typically happens in self-employment/1099 situations. The safe harbor rule is 3 years, but there's...
Archived
Will I be heard in court from the judge for my petition if my ex hired an attorney to an emergency dismissal of my petition?
David's answer
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Answered on July 21, 2017
How is it an emergency?
There's an appellate case about what is, and isn't, and emergency. If it's a Cook County case, there's also a local...
Archived
Can not following a court order that can lead to contempt be in violation of someone's probation?
David's answer
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Answered on July 21, 2017
Without knowing the terms, hard to say. Probably unlikely if you're filing a pleading for indirect CIVIL contempt. Might be a different story if...
Archived
What is the law when you have a divorce decree for visitation and dcfs says kids can not go to visitation ?
David's answer
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Answered on July 21, 2017
DCFS and a judicial order, in Illinois, are separate things. First, without an order (through DCFS) or you signing a safety plan w/ DCFS, they...
Archived
Divorce
David's answer
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Answered on July 20, 2017
Divorce lawyers in Illinois are a dime a dozen (I know, I'm one of them). Contact your local bar association for a referral, that's typically the...
Archived
My daughter wants to leave Illinois and move to California with her one year old daughter
David's answer
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Answered on July 20, 2017
To add to Mr. Gross's answer, the statute that addresses relocation is 750 ILCS 5/609.2. Do read it, and then have your daughter contact a family...
Archived
How do I find out if someone requested a court order or even a police report on me for harassment?
David's answer
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Answered on July 20, 2017
If there was a court matter pending involving you two, you would have been served by the Sheriff or a Special Process Server (Notwithstanding Small...
Archived
Are they trying to take kids?
David's answer
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Answered on July 19, 2017
To terminate parental rights per 750 ILCS 50/1, et. seq., the state's attorney must show a) you are unfit, and b) that it's in the children's best...
Archived
Would I have to pay child support on a loan?
David's answer
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Answered on July 19, 2017
Actually, the Illinois Supreme Court hasn't ruled on whether a bonafide loan can be considered income for purposes of child support. The most...
Would my boyfriend be able to adopt my son.
David's answer
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Answered on July 19, 2017
As the other lawyers have suggested, getting bio dad to "play ball," is critical, although not necessary.
I did one in Kendall, and it took a...
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