Jason L Traub

Jason L Traub

  • Divorce, Criminal Law, Family Law...
Badges
Claimed Lawyer ProfileQ&A
Practice Areas
  • Divorce
  • Criminal Law
  • Family Law
  • DUI & DWI
  • Domestic Violence
Professional Associations
State Bar of Illinois # 6319542
Member
Current
Placeholder image for professional associations.
Legal Answers
7 Questions Answered

Q. Hello I live in Chicago and I have 2 daughters ages 6 and 7 with my ex. He lives in PR. Can I serve him through court?
A: If the children were born here in Chicago and he then left the state, you may file a petition to establish him as the father of the children in Cook County. You will then need to contact a "Process Server" in the city/town in which he lives (use Google), call them, and then fax/scan/mail a copy of the Summons and Petition to Establish the Father Child Relationship. For the Petition and Summons, look up the court forms on Cook County's website. When you go into the clerk's office to file it, they will certify your Summons and petition, which you will then scan/fax/email to the Process Server you previously contacted. Give the Process server his name, a physical description, make/model of his car, and any other details that will help him identify the father. The Process Server will then "serve" him with the Summons and Petition you filed with the court, and he will have 30 days to either file his Appearance electronically, or hire local counsel in Chicago to file one for him. And then.. off you go..!
Q. Can a stepmother sue the biological mother for child support? The father has full custody as part of the divorce.
A: No - the stepmother does not have legal standing to sue the biological mother for child support. In other words, the person attempting to bring the legal action must, in the Court's eyes, have a significant interest or attachment to the subject of the suit/cause of action/claim for child support. Under Illinois Family Law, you must either be the legal guardian, biological parent, or adoptive parent to have sufficient "standing" to bring an action for child support.
Q. Can an established father file for visitation rights himself I live in Chicago and my son live in Iowa a problem legally
A: Yes - you can do it yourself - you would be a "Pro Se" litigant,, meaning you are representing yourself. If the Child was born in Illinois, and the mother subsequently moved out of state, you may still file in Illinois under the same case you used to established yourself as the Father. After that, you will need to navigate a rather tricky landscape to have her served with a petition to establish the parameters of your parenting time (visitation). If you came to Chicago from out of state, you will not be able to file suit in Illinois, as the state lacks jurisdiction - you would need to return to the child's home state to resolve the matter.
Q. When we get married can my fiance's exs lay claim to my income for child support?
A: As most answers go in the law: "It depends." In most cases - no - the court will consider only the parent's income when establishing the individual child support obligation for that parent; it will not take into account how much their fiance/new spouse earns. However, if your fiance's ex makes barely enough to provide for the child's needs even after child support/contribution to expenses, and your fiance also makes very little (and therefore is only required to pay a low child support amount), the court MAY, at it's discretion (and being brought by a half-decent attorney), find that your fiance's HOUSEHOLD income should be used to calculate his income - thus, your income and his would be counted as his income for child support calculation purposes with his ex... Example: Husband leaves wife for rich cougar. Wife keeps child and husband must pay child support. Wife makes little money, and husband is a deadbeat with no job. Court MAY say, "Hey - Husband.. we are taking into account your rich, older cougar's income, because just as YOU benefit from her prosperity, so too shall your child!" Court order husbands income to be his income of $0 + Cougar's income, and Wife gets a big boost to her child support.
Q. My sons dad was threatening me to give him my son or he’ll call the police but order expired ‘14, what can i do?
A: I'm assuming the "Order" your referring to is an Order of Protection, as that is the only type that would expire unless otherwise vacated or modified by court order. In order to set up transportation arrangements, parenting time, and statutory child support, you will need to contact an attorney to have a Parenting Plan drafted. The Plan will designate who makes major decisions for the child (joint or sole), and the parenting time (visitation hours) for both parents. Short of that, it will continue to be a "Wild West" situation, where neither parent has very much leverage over the other. The exception would be if he has not yet petitioned the court to establish his rights as the father of the child: if he has not yet done this, he is not legally recognized as the father, and you can essentially make the rules and call the shots until the Father establishes his rights in a court of competent jurisdiction.
Q. my nephew ordered by court to live w/ dad 4 mo now & dad wont let aunt or grandma see or speak to him
A: If the court ordered the child to return to live with his father, the child's aunt and/or grandmother do not have any rights to intercede, short of the child being put in danger. In the event the child is endangered, and the aunt/grandmother have some evidence of the endangerment or good reason to believe the endangerment exists, the aunt/grandmother should make a "Hotline Call" to DCFS to report the abuse. If the child is taken away from the father due to abuse or neglect, the Aunt/Grandmother may then petition the Court for temporary or permanent guardianship over the minor.
Q. Can my daughters grandmother put my daughter on an Order of Protection without mine or the mothers consent?
A: She may only name your daughter in the Order of Protection if she has some form of legal guardianship over the minor child, OR if she is a household member with the child and you and the mother are not.
Click here to see all answers
Contact & Map
Traub Law Office
P.O. Box 77
Yorkville, IL 60560
USA
Cell: (847) 910-2456