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Questions Answered by David Giffin
1 Answer | Asked in Divorce and Appeals / Appellate Law for Illinois on
Q: if I didn't request maintenance at the end of court. can I file a motion and bring it back into court and request it?
David Giffin
David Giffin
answered on Jan 29, 2025

The most likely answer is no. Without knowing more about what exactly happened at trial, under most normal circumstances, you are responsible for raising issues you know about or should have known about at or before the time of trial. By failing to raise it properly, you may be deemed to have... View More

1 Answer | Asked in Family Law for Illinois on
Q: What do I do about an incest relationship In my family my sister and my moms brother ( uncle) and they had a child.

She was pregnant a while back but she couldn’t go full term. And then they basically told my mom that they have a relationship and the baby might be my uncles child. Plz help idk what to do or feel about this!

David Giffin
David Giffin
answered on Jan 29, 2025

This is a matter that should be brought to the police, not to a family attorney. Illinois law prohibits certain categories of close family members from engaging in penetrative sexual intercourse. This includes aunts and uncles with nieces and nephews. Additionally, if your sister is a minor, your... View More

2 Answers | Asked in Family Law for Illinois on
Q: My mom took my ps5 that was gifted to me, I don’t live with her and she isn’t my guardian. Im 17. Is it Legal?

I got gifted a ps5 and my mother took it. I don’t live with her and she isn’t my guardian. She blocked me on everything and wont answer my grandpa or grandma calling despite them being my guardians. The game was gifted to me and when I was living with her I always had a game with no problems.... View More

David Giffin
David Giffin
answered on Jan 29, 2025

To add to the other attorney's answer: while you state that your grandparents are your guardians, it's not clear from your statement whether you are just using the term informally - i.e. that they are the people you live with who watch over you. For your mom to lose her rights or have her... View More

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2 Answers | Asked in Family Law and Child Support for Illinois on
Q: Does a modification of child support also modify previously agreed to expenses?

I divorced in 2016 with a signed MSA that included a mutually agreed-upon child support payment and splitting fees. I just wrapped a modification of child support case which caused the support to increase by 55%. Does the splitting of costs agreed upon in the MSA still stand, or does the increased... View More

David Giffin
David Giffin
answered on Jan 2, 2025

Thank you for raising this issue.

It is difficult to be certain about your situation without reading the documents. However, a general rule is that unless a later order explicitly strikes out part or all of a previous order, or it includes something in a way that necessarily affects terms...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I have custody of my children and the mother bought my 13 year old vape and told her not to let me find out.

What can I do about this situation? I do not trust the mother to make the right decisions.

David Giffin
David Giffin
answered on Sep 7, 2022

First of all, I'm sorry you are dealing with this kind of problem. Not being able to trust your coparent to act in your child's best interests is upsetting, at best.

There is a lot of information we don't know about this situation. I would also encourage you to double-check...
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1 Answer | Asked in Real Estate Law and Family Law for Illinois on
Q: Back in 1997 I was married and my then husband purchased a house.

I had to sign "Solely for the purpose of waiving homestead rights" It states that right on the documents. He was the guarantor. Not me. We are divorced and have been for 22 years. He is now in default on that loan and it is coming up on my credit report. The mortgage company won't... View More

David Giffin
David Giffin
answered on Jun 8, 2022

Under Illinois law, married couples can be held jointly responsible for certain debts that arise during a marriage, even if only one spouse signs off on the debt. Solely waiving your homestead rights would likely not affect or limit this legal rule. Assuming you or your family lived in the home... View More

1 Answer | Asked in Family Law for Illinois on
Q: Can a judge rule that a parent can only take their children to one church and no other church?

My girlfriend divorced her ex-husband and their settlement agrees to raise the children catholic. She only agreed to this due to being under duress of pleasing the family, as well as only wanting the children to attend CCD when with her, as this is raising them catholic, but not attend mass as she... View More

David Giffin
David Giffin
answered on May 26, 2022

I'm sorry to see you are dealing with this kind of sensitive and challenging issue. In my opinion, your girlfriend's biggest obstacle is that she entered a written settlement that the court approved. When parties make an agreed parenting plan, so long as the plan is not against a... View More

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