Illinois Family Legal Questions

What you have is an issue that requires judicial intervention.  It seems that there is no ability to resolve matters between the two of you.  A petition with the court, where you acknowledge paternity and look to secure visitation, would be an option.  Once you are established as father (legally), you will have the rights that go with being a father.  This includes, among other things, the right to visitation.  The resulting court order can then be enforced against her should she continue to refuse visitation to you. Although you may be able to do this without an attorney, legal counsel is always advised. This would insure that your issues are well presented to the court and that you proceed in the best fashion for the goals you wish to achieve.  An experienced attorney will also be able to negotiate you through the judicial system, which can be overwhelming when someone looks to represent themselves. Additionally, if you admit paternity, you should expect a court order for support being entered against you.  In Illinois, the likely amount would be 28% of your statutory net income.  Since income and deductions can be complicated, this is another reason to secure an attorney.  By meeting with counsel, you will be provided with legal advise that addresses all the various issues facing you.  You should, therefore, be in a better position to make an election as to how you wish to proceed against the mother of your children. Should you not know any attorneys, most county bar associations maintain an attorney's referral list.  You could obtain a few names and then search them on the internet and make an appointment to review your situation in person.... Read More

It is clear that you have issues and concerns with the paternal grandmother.  The significant part of your question states her rights to visitation.  Since she has a court order for such contact, only another court order can alter the situation.  This will require a return to court.  Although it is not required that you have an attorney, one is always recommended.  An experienced attorney is best suited to assist you through the court system and to develop strategies designed to achieve your end goal.  For example, the "violations" of the OP may be non-existent as third party contacts, such as the passage of pictures, may be fine.  Such contact may, however, either be violative or, through expansion of the OP, be made to be violative of the OP.  These are matters for discussion with an attorney that practices in your county and understands the interrelationship of OP and divorce practice.... Read More

The simple answer is that you need to contact an attorney. It would seem that there are actions, such as failure to disclose residence, provide school information, allow visitation, that could be alleged in a contempt proceeding.  There may also be an issue if she left state without securing court approval.  If your assertions are proven, the Court, in a contempt setting, is empowered to not only have her pay your attorney's fees, but to invoke a jail sentence for non-compliance.  There are other remedies, which could include a petition for custody.  Since the issues you raised do not appear to be able to resolve themselves, judicial intervention appears to be needed.  That is the reason to secure the advise of an attorney.  An experienced attorney in post-decree matters will be able to review your Judgment, consider your allegations/concerns, and suggest a plan of action to address the situation.  Should this include locating your ex-wife and the children, that would be something else that the the attorney would need to address.... Read More

You raise many issues in the email. First, you have an attorney that is representing you.  That is the starting point. From the email, it is clear that you have issues with the quality of that representation and there are some trust issues.  You can fire an attorney at any time.  This is your right.  However, the person with the best knowledge of your case, is that attorney.  An appointment to review the status of matters and to secure answers to your questions would be the first step.  These problems may be as simple as an issue of lack of communication/understanding between you and your attorney. It may also be that the answers are not acceptable and you elect to terminate that relationship.  New counsel can be obtained through your local bar association as it would most likely have a lawyer's referral program.  There may also be a pro bono project where you could find an attorney that would represent without fee.  Also, since many of your complaints focus on the monies owed, there are two other options.  Both local state attorney's offices and the Illinois Department of Public Aid (through the Attorney General's office) prosecute non-support claims.  These are free legal services and you can contact the office in your area and may even be able to conduct a telephone appointment. Finally, removal issues and guidelines vary from county to county in Illinois.  These cases tend to be very fact specific and can also be expensive to litigate.  As a result, a thorough understanding of the local burden of proof and how your situation stacks up to that burden of proof is needed.  To truly address any attempt to relocate, you would definitely need to find an experienced attorney that deals with attempts of custodial parents seeking to relocated to another state.  ... Read More

There are a number of things that can occur.  The first question to address is where it is that you were divorced?  Also, did you live in Illinois or had you already relocated to the UK?  This is important as the divorce decree is the place to start for your basic rights for visitation (as the decree should have specific language detailing visitation).  The question then turns to one of enforcement (if the relocation to UK is referenced in the Judgment) or modification (if you need to address this change in circumstances).  Either will require a return to court in Illinois (as this presumes this is where the divorce occurred).  The next question is one of timing.  It is highly unlikely, but possible, you could hire an attorney and secure a hearing prior to Christmas.  There is a very short window, even for an emergency motion.  It is, however, possible and you could also try to secure such a motion yourself.  Securing counsel immediately would appear to be essential.  Even if only for a consultation. You may find that you need to hire an attorney, file pleadings and then appear at either mediation or court or, possibly both, to secure visitation.  Each county has its own rules involving visitation disputes, which is another reason to secure the advise of an attorney experienced in such matters.  As to the kidnapping issue raised by your ex-wife, provisions, such as stipulating to jurisdiction in the Hague regarding any return/kidnapping issues, may be an option and should also be discussed with an attorney. Also, any return to court could bring with it some unintended consequences, such as petitions for Rule against you for asserted non-compliance with the decree and/or petitions to increase support based upon asserted increases in your income.  To insure that you have fully assessed the situation, all of this should be discussed in a consultation with an attorney.... Read More

You are correct that you (actually your boyfriend) needs to speak with an attorney.  Where the actual situation does not align itself with what the court orders say, this is a potential recipe for major problems - practical, legal, and financial. However, this site is not for retaining attorneys.  We are to provide general insight in addressing the questions posted.  The best that can be said is that many attorneys have free initial consultations.  At that time, the case and the issues it presents will be evaluated.  Goals and strategies would be developed;  and the likely attorney's fees incurred and the amount of retainer funds needed would be set.  If everyone is in agreement, representation can be affected and the retainer paid.  The contemplated legal work would then be initiated by the attorney. You can discuss matters with any number of attorneys.  Not every attorney does free consultations, nor do all attorneys charge the same hourly rate or retainers.  The key is to find an attorney that is knowledgeable is these matters and that you can afford, have trust in, and can effectively work with.  Should you not know where to start, there are two suggestions.  First, you can search the internet and review the website for family law attorneys.  You can review their qualifications and their mission statements and related web content before contacting the individual attorney.  Most counties also maintain lawyer referral programs through the local county bar association.  This could be another avenue of finding attorneys.... Read More

There are a number of paths to being an attorney.  Some people work "regular" jobs and attend law schools at night.  There are other people that work as secretaries in law offices and then take paralegal classes in the evening. Some of them move on to law school.  Many other people simply proceed from college into law school.  In short, there is no one correct answer.  If you know that you want to become a lawyer, then you should explore those options.  You would need to be realistic about the costs of enrollment and the time constraints of law school - whether full time or part time.  Depending on your GPA as well as your LSAT scores, admission may be easy and you will have a number of different schools from which to choose.  The key is knowing where you are in life and what you can realistically do and afford.  A related point is being sure that you wish to be an attorney and engage in family practice.  This is a very demanding area of the law and can be very emotionally and mentally taxing.  Not everyone is cut out for such practice.  Hopefully, this addresses some of your concerns and can help you evaluate your options.  Further inquiries can also be made to the law schools as their admissions counselors should be able to assist you in this process and in evaluating your options. Good luck to you!... Read More

Since you are waiting on a hearing, that means that you have a petition pending in court.  That is the good news; the problem lies with the delay in getting to that court date.  It may be that you need to secure an attorney.  It may be possible for the attorney to advance the court date or enter into an agreement with the other side (private attorney? ex-spouse? Public Aid lawyer?). The way support works in Illinois is support is due as it come due - weekly, biweekly, bi-monthly.  Only a court can alter that process.  As such, each pay period that comes to pass requires support to be paid in the amount set forth in the order then in force.  The law allows for the order to relate back to the date of filing.  Such a result would then create an overpayment (provided the court agrees with you).  These overpaid funds can be ordered to be returned to you or taken as a credit against your future support obligation (at the new and presumably lower payment amount). Each county and courtroom tends to have its own quirks and procedures.  To best protect yourself, it is suggested that you retain an experienced family law attorney.  First, the attorney can confirm your computations as to support.  This is important as certain statutory procedures need to be addressed to allow for any reduction.  Additionally, the attorney may be able to expedite the desired reduction.  Finally, the attorney can assist in proposing the most beneficial method of addressing any imputed overpayment due to the relating back of the contemplated reduction. If you are unsure how to locate such an attorney, most county bar associations have lawyer referral programs.  That would be a good starting point to find an attorney.... Read More

Due to the delay in a response, it may be that you have your answer.  If not, my answer would be maybe.  The issue of benefits is complicated.  It may be that your marriage was of sufficient duration to allow you to claim under his Social Security Benefits.  This is something that you should be able to address directly through your local Social Security Administration office.  There may be death benefits available, although that check may be only available to his current spouse.  However, it may be in the area of retirement benefits that you would be eligible for monies and that a claim would need to be filed. You should also review your divorce decree.  There may be language referencing pension, life insurance or some other obligation that can be enforced against his Estate.  Should you be unsure as to what exactly you would need to initiate any investigation, an attorney experienced in either family or probate matters may be of assistance to you.  If you do not know who to call, your county bar association should maintain an attorneys referral system that could provide you with names of local attorneys. As some matters may be time sensitive, you should move quickly to meet with an attorney.... Read More

Anonymous: You can seek a court order to set a definite visitation schedule. Child support payments are a separate issue from visitation. A parent cannot use support payments, or the lack thereof, to deny another parent visitation with the children, but there must first be an actual court order setting the visitation. Without an actual court order, there is nothing to enforce. Even if you and the mother have agreed on a schedule, and even if it were notarized, it is not enforceable unless done through the court system. You will ultimately have to go through the court system to get this issue resolved.   Please note that this response is for informational purposes only and does not create a client-lawyer relationship.... Read More

Since there is child support referenced and a hearing is set on visitation, it would appear that you are legally recognized as the child's father.  If not, then the issue of paternity (i.e. parentage) needs to be established. If, however, you have been found to be or have admitted you are the father, you would then provided with certain rights under statute.  Included under the paternity statutory provisions and listed under section 750 ILCS 45/13.5 which details the ability of the court to provide you with injunctive relief.  The court can, upon application by either party, enjoin the party in custody of the child from temporarily and/or permanently leaving the state. If you have yet to secure an attorney, it is recommended that you do so.  There are a number of statutory factors that the court is to use is making any determining both temporary and/or permanent removal.  Due to the legal complexity of such a situation and the stakes involved - the relocation of your child, a meeting with an attorney experienced in custody/removal matters should occur at your earliest opportunity. Should you not know such an attorney, a good starting point is your local county bar association.  Most associations have referral programs that can put you in touch with an attorney experienced in such matters.... Read More

While the potential liability of your employer can be a concern to you regarding the support order, you need to know that your obligation to pay support would include the delivery of that money to the custodial parent. There are statutes in place that allow for collection to start in one state and complete in another. In short, if the funds are either not being withheld or not being sent, that would not relieve you of your responsibility and obligation to pay support in a timely manner in an amount equal to the court order that gave rise to the withholding order.  A contempt petition that seeks jail, suspension of your driver's license and/or jail may be forthcoming if all the monies due have not been paid.  The focus of your actions should be in determining how much of the withheld monies were sent and what monies you may currently owe.  This information should be taken to an attorney that in well versed in interstate child support matters.  The attorney would also be able to review the withholding order in question and, while not providing legal advise to or advising your employer, counsel should be able to answer your questions directly regarding sanctions to your employer.  Counsel may also be able to assist you in securing your employer's future compliance with the support order.  ... Read More

Based upon the time since this question was submitted, the hope is that you contacted an attorney in the county in which the lawsuit in question was filed. You failed to say where where the father lived (as this would indicate where any probate estate should be).  This, along with all other pertinent information, should be shared with an attorney at your earliest opportunity.  With the suit in Iowa, it may be that you can find an Illinois attorney that is also licensed to practice in Iowa.  Most likely, that would be in the Quad Cities area, but there should be other attorneys along the Mississippi that practice in both states.  The key is to find an attorney with experience in such matters and able to practice in the county in which the lawsuit is pending. Since you indicated that "paternity was established", this would indicate that there was either an admission in court or a finding of paternity.  Proof of that should not be hard to obtain from the Clerk of the Court for that county in Iowa.  You may be able to order such a document on-line or you may need to call the Clerk's office directly.  This document could then be shown to the court or the attorney representing the brother as proof of heirship.  Since this is a legal issue, securing counsel to assist you (or at the very least to counsel you in how to get the issue and document before the court) is essential. Please note that, as I am new to the program, this is the first opportunity that I have had to respond to your inquiry.  Hopefully, you have already contacted counsel.  If not, the hope is that this information will assist you as you now move forward. Additionally, your child may be entitled to Social Security based upon the death of the father.  This is something that you should address to your local Social Security office.  They should be able to assist you as to which forms to complete and the documentation needed to allow for the claim for benefits to be approved.... Read More

Child support is an on-going incremental obligation.  This requires payment in the ordered amount during the appropriate interval - weekly, bi-weekly, etc.  Modification can occur pursuant to a petition by either party to alter the support.  This can be a request to either increase or decrease support from the existing amount. While each case is determined by its own circumstances, statute does contemplate that the Courts can and will modify support.  In your situation, you should speak with an attorney as there may not be a sufficient factual and/or legal basis to increase support.  Simply because the statute provides a vehicle for the receiving parent to increase support does not automatically mean that such a motion will be granted. .  ... Read More

The question of liability for a child's college education is answered differently from state to state. Most states currently do not require parents to be liable (have to pay) for the expenses of an adult child (over the age of 18). check to see whether your state does require parents to contribute for college. If you have entered into an agreement or been ordered by a court to pay for college, then you are most likely liable. ... Read More

Keith: As a general rule, yes. An award of maintenance is not dependent on gender.  In determining an award of maintenance, the Courts will look to length of the marriage, income disparity, ability to remedy the income disparity (as well as the possibility of it growing), and some other smaller factors.  If you are coming from a 30-year marriage, you have better chance of getting maintenance, and at a higher percent, than if you are coming from a 3-year marriage.   This answer is intended for informational purposes only and does not create a binding attorney-client relationship.... Read More

Patrick: In Illinois, you must meet some basic requirements. First, you must have lived in IL, and the county in which you are going to file, for the preceding 90 days. You'll obviously know if you meet this requirement. Second, you must be living apart from your spouse when you file. You seem to have met this. Third, you must show that the separation is caused through no fault of your own. These are the basic requirements you must meet in order to file. It seems that another problem that exists is the whereabouts of your wife. She will have to be served with process, which is obviously made more difficult by the fact that you do not know where she is. There are ways to attempt and show diligence in service; you should contact an attorney who can help you with this. If she is not served in a court-approved manner, a Judge may refuse to grant any separation, and it is possible that anything that is decided or ordered may be deemed void.   This is for informational purposes only and does not create a binding attorney-client relationship.... Read More