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Messages - Hazel

Pages: 12 3 ... 6
1
Illinois State Forum / RE: Illinois: When does child support end?
« on: Jan 13, 2005, 08:17:57 AM »
I have an SD that will be graduating in 05 as well.

Generally, from what I've been able to gather, Illinois uses the original divorce decree in determining the end date for support.  The Illinois statues state that child support ends at age 18, however there are provisions for continuation of support past the age of 18 for educational purposes.  (See below.)  I sincerely hope that it states somewhere in your original decree when child support ends, otherwise you could be in for some trouble. :(

It's funny, isn't it, that there are SO many resources to help someone COLLECT support, but it's like pulling teeth to find someone who will tell you when you can stop paying.  We will have paid nearly $100,000 before we're done.

Here's a link that might be helpful to you:
Supportguidelines.com

Here's some information from the Illinois Statutes:
(750 ILCS 5/513) (from Ch. 40, par. 513)
    Sec. 513. Support for Non‑minor Children and Educational Expenses.
    (a) The court may award sums of money out of the property and income of either or both parties or the estate of a deceased parent, as equity may require, for the support of the child or children of the parties who have attained majority in the following instances:
        (1) When the child is mentally or physically  
     disabled and not otherwise emancipated, an application for support may be made before or after the child has attained majority.
 
        (2) The court may also make provision for the  
     educational expenses of the child or children of the parties, whether of minor or majority age, and an application for educational expenses may be made before or after the child has attained majority, or after the death of either parent. The authority under this Section to make provision for educational expenses extends not only to periods of college education or professional or other training after graduation from high school, but also to any period during which the child of the parties is still attending high school, even though he or she attained the age of 19. The educational expenses may include, but shall not be limited to, room, board, dues, tuition, transportation, books, fees, registration and application costs, medical expenses including medical insurance, dental expenses, and living expenses during the school year and periods of recess, which sums may be ordered payable to the child, to either parent, or to the educational institution, directly or through a special account or trust created for that purpose, as the court sees fit.
 
        If educational expenses are ordered payable, each  
     parent and the child shall sign any consents necessary for the educational institution to provide the supporting parent with access to the child's academic transcripts, records, and grade reports. The consents shall not apply to any non‑academic records. Failure to execute the required consent may be a basis for a modification or termination of any order entered under this Section.
 
        The authority under this Section to make provision  
     for educational expenses, except where the child is mentally or physically disabled and not otherwise emancipated, terminates when the child receives a baccalaureate degree.
 
    (b) In making awards under paragraph (1) or (2) of subsection (a), or pursuant to a petition or motion to decrease, modify, or terminate any such award, the court shall consider all relevant factors that appear reasonable and necessary, including:
        (1) The financial resources of both parents.
        (2) The standard of living the child would have  
     enjoyed had the marriage not been dissolved.
 
        (3) The financial resources of the child.
        (4) The child's academic performance.
(Source: P.A. 91‑204, eff. 1‑1‑00; 92‑876, eff. 6‑1‑03.)  


Best of Luck to you,
Hazel

2
Child Support Issues / Hey FL Mom,
« on: Jan 21, 2005, 04:59:35 AM »
I completely agree with you.  I have been burned by a teenager before as well, and they are definitely capable of stacking the deck in their own favor.  They are also, unfortunately, all too experienced at fence sitting.

If the kid doesn't WANT CS paid by Mom, that could be a real problem.  Mom's new financial hardship (CS) is going to cause him to feel guilt, and could cause him to jump ship even at his own expense.


Hazel

3
Hi Olanna!

It's me Hazel from the old Dnet site.  I am so happy to hear your story, and that you're doing well.  I surely remember your plight back in the old days.

It's always darkest before the dawn... that sure is the truth!!!  :D

4
Dear Socrateaser / Well, it's a win...I suppose.
« on: Aug 09, 2006, 06:23:59 PM »
Had a rule to show cause filed against me in January '06.  I'm 800 miles away... hired an attorney who turned out to be a poor choice.  (Didn't return calls or let me know what happened in court, yada yada yada.)

As a result, a case that should have been quickly wrapped up ended up taking months and months to resolve.  (There was absolutely no contempt.)

Finally, 3 weeks ago I discharged my attorney and hired a new one who I think is GREAT.  (Former Assistant U.S. Attorney and a very experienced litigator.)

First court appearance by the new attorney, OC withdraws EVERYTHING!  So, it's done and I should be doing the happy dance.

But instead I'm pretty torked because I JUST spent a grand to retain this attorney.

Maybe I should just let it go... but I'm totally irked that this is "justice" - Being accused of a crime that I didn't commit, then spending thousands of dollars defending myself for said "crime" only to have it completely dropped.

In actuality, I feel like pressing a malicious prosecution charge, making my ex absorb thousands of dollars in attorney's fees defending herself, then just dropping it all after about 6 months if it looks like I might lose.

I realize that this may not be the most reasonable course of action.

Can you talk me down?  :)


As always, thanks for everything.

Best regards,
Hazel


5
Dear Socrateaser / A little humor
« on: Aug 07, 2006, 08:42:48 AM »
Hi Soc,

Since it's not too busy on here today, I thought you might like a little humorous reading.   Rumor has it that this was an actual court filing:

http://www.marklyon.org/_extern/divorce.pdf

6
Dear Socrateaser / A little humor
« on: Aug 07, 2006, 08:42:48 AM »
Hi Soc,

Since it's not too busy on here today, I thought you might like a little humorous reading.   Rumor has it that this was an actual court filing:

http://www.marklyon.org/_extern/divorce.pdf

7
Dear Socrateaser / Question, Soc-
« on: Jul 25, 2006, 07:55:15 AM »
"I do know this. When parties agree to negotiate a property issue, like sharing private school costs (assuming the child doesn't have special needs that only a private school can accomodate), the court cannot modify the parties agreement. This means that the court overstepped its authority by making this modification of your stipulated order."

Is this true of any stipulated order?  (Other than CS or Maint?) i.e.  College Expenses?

8
Dear Socrateaser / RE: Malpractice
« on: Jul 18, 2006, 06:04:35 PM »
Gotcha, and thanks again.  I think I can easily outline at least 4 (probably more) instances where her actions/inactions were harmful to my case.

She did go to court for me each time she was required to do so.  That is actually ALL she did for me.  

A contempt charge was filed in January against me, and to date she has never filed a response to the court.  Many promises were made, i.e. "Yes, I've got to get that response done and you'll have it in a few days...", but it never happened.

 I am 800 miles away, and whenever this attorney attended court on my behalf it was always more than one week and several unanswered phone calls later that I finally got the news of what happened in court.   I got wise early on (from this site) and started documenting every call I made along with the very few calls that were actually returned.

I am not a high maintenance client by any means.  In fact, the first time she appeared in court for me (February) I allowed two weeks to go by before I finally called her office and insisted to be told what in the heck had happened in court.  I fully realize that I am not her only client, but I did feel that the amount of time I was kept in the dark was unreasonable.

I have a letter from the attorney to the opposing counsel (this is the only written thing I've ever received since hiring her, back in January) in response to a letter sent by the OC, and the response letter was 28 days after the OC's letter.  (The OC's letter indicated intent to pursue the matter, [which should have been well dead] along with a suggestion for negotiation, and I was never made aware of either of these things.)  In the 28 day period, I called the attorney at least eight times to find out what was going on, and never received a return phone call.

In the meantime, in the 28 days that passed my daughter became ineligable for coverage under my work's health insurance.  (Long story there, but if you need it I can provide it.)  This event provided new steam for the opposing counsel.

The latest episode was that the attorney's assistant called me today to tell me that she had a letter to mail to me but that the attorney wanted her to call and read it to me before mailing it.  (There was a court date on 7/11, and in spite of multiple attempts on my behalf to find out what happened she did not answer my calls)  The letter stated that because my daughter DID meet the 2.0 GPA requirement I am still responsible for paying for Fall '06 semester.

The tuition payment is due tomorrow, which I'm sure is why the assistant was instructed to read the letter to me prior to putting it in the mail today.

Fact is, my daughter DIDN'T meet the 2.0GPA requirement, and my attorney stood in court on 7/11 and said nothing, although I'd faxed a grade report to her TWO MONTHS EARLIER!  Once I re-faxed the grade documents, she admitted to me on the phone that she walked into court completely unaware of the actual GPA, which lead the judge to rule as he did.

I fully believe that the OC is aware of the screwball attorney I have and that this has resulted in motion upon motion.

As of yesterday I have retained a new attorney to go forward with this, but I do think that sufficient damage has been done and that I may have a case against my former attorney.

1)  Do you advise that I send my former attorney the facts/evidence that I have, stating that I would like a refund (basically outling the case against her)?

2) If I do this, is it acceptable (not extortionate) to state that:  "If I do not receive a written response from you by 8/15/06 I will be forced to take further legal action"?  - Because given her history she will not respond.

3) Should I just let the new attorney handle all of this?  I don't want to scare him off.


Thanks again SO MUCH.

9
Dear Socrateaser / RE: Malpractice
« on: Jul 18, 2006, 02:27:46 PM »
What type of evidence is necessary to prove malpractice against an attorney?

10
Dear Socrateaser / RE: Refund of Retainer
« on: Jul 13, 2006, 07:27:41 PM »
>It ain't easy to get your money back, but it is definitely
>possible, and if this attorney is actually having substance
>abuse problems then the regulatory agency needs to know so it
>can take steps to protect other clients from harm.

This is actually what concerns me the most, rather than the money issue.  Thank you for your very thoughtful and comprehensive response.  I will do everything you suggested.

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