Claimed Lawyer ProfileQ&A
- Family Law
Jurisdictions Admitted to Practice
- Illinois State Bar
8 Questions Answered
- Q. What is "Letters of Office-Guardian of the Person"/
- A: The Letters of Office are official court papers giving the guardian the power to act on behalf of the person in need of guardianship. These are issued for someone under a disability such as mental or physical health or a minor.
- Q. Can a family member sign someone out of a psych hospital if they have poa
- A: It depends on the reason for the patient's admission. If it was voluntary, then yes, if you also have a medical power of attorney. If it was because of a court order, then no. It is possible that the patient could leave of his own accord.
- Q. Can i sign illinois voluntary acknowledgement of paternity with the mother?
- A: Yes. Illinois law provides for the biological father to sign a voluntary acknowledgement of paternity. This can be done at the hospital when the baby is born or afterwards at the local courthouse. The forms may be available online in your jurisdiction. Contact the local clerk of the court for more information. He or she can tell you the fees and paperwork you need.
- Q. How long can an estate remain open in IL? My niece has moved into my mother's home, without paying anything.
- A: The first question I have is whether an estate was opened upon the death of your mother. If an estate was opened and no court permission was given for your niece to have possession of the home, then have your lawyer take the niece to court. She could be evicted and forced to pay costs. If a probate case has not been filed on behalf of your late mother, you should contact an attorney immediately for help.
- Q. I qualify for an annulment in the state of Illinois and would like to know how to proceed?
- A: Are you sure you qualify for an annulment? Were you married here? If so, contact the circuit clerk's office for information. The necessary forms may be printed online. You will need to file a Petition for Annulment and serve your spouse with the papers or have him/her file a legal document acknowledging the lawsuit. This is called an, "appearance." The fee charged varies depending on where you live. I would strongly recommend contacting a family law attorney first to be certain that you are eligible. It should be straightforward if you meet the requirements and your spouse does not object to the annulment.
- Q. Order in place to support daughter while in college. Daughter is 20 and now pregnant. Is order still in effect?
- A: Yes, the order is still in effect. The parent paying support could go into court to challenge this order by arguing that the pregnant daughter is now emancipated because of her pregnancy. If the daughter is living with the father of the child, will receive child support from the biological father or public aid benefits, then this parent could tell the judge that the daughter has other means of support now. If she drops out of college, then the reason for the support is no longer in existence. It is necessary to file a Petition to Terminate Child Support with the court. If the judge agrees, then he/she will enter an order terminating support for this pregnant child. A court ordered a father of a jailed convicted murderer son to continue to pay his college expenses when the father appealed seeking to end his obligation to pay child support.
- Q. Does support end if I marry my sons father
- A: Yes. Child support is intended to provide financial aid for the children of separated parents (divorce, parentage or paternity, legal separation). Marriage will require both parents to provide for the finacial needs of their child. An order of support is not needed but the parties should have the Court end the existing order of support. An employer must deduct wages unless it receives a court order ending the payments. As a point of information, I want to point out that if this woman marries but it is not to the father of the child, the biological father is still liable for support payments to her.
- Q. How long does it take to a divorce be finalized
- A: A judgment for dissolution of marriage may be entered on the same day the prove-up (uncontested or settled cases) hearing. There is no waiting period in Illinois for a divorce to be final. A contested divorce will require a trial. The judge will hear all the evidence and render his/her decision. The judgment may be written by the judge or the judge may issue his/her ruling from the bench and direct the prevailing attorney to prepare the judgment. Typically, the judge directs the attorneys to draft the necessary documents for his/her signature. There is one important thing to know about the finality of a judgment. A judgment may be reconsidered or vacated or appealed within a 30 day window of time after the judgment of the court has been entered. I represented a woman whose attorney was charging her to have sex with him. She did not have an opportunity to question the attorney's bill until the day of the final hearing. She tried to object to the total bill without success. After nearly losing her home at sheriff's sale initiated by her former attorney in an effort to collect the thousands of dollars in legal fees he was seeking, I filed a successful appeal with the Illlinois Appellate Court. The case is In re the Marriage of Kantar v. Friedman,414 N.E. 2d 77, 91 IL APP 3d 941 (1991). Also see my blog of February 21, 2012.
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