Bloomingdale Divorce / Separation Lawyer.
A homestead waiver is a document indicating that the residence is not your domicile and therefore you are waiver your homestead rights to the property. There is a marital waiver which would indicate you are waiving any marital rights to the property. I would be extremely careful and consult an attorney before signing any documents.
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I believe it could be considered a windfall for the custodial parent. Similiarly, if she is charging rent ot the oldest child whom you are paying support for that could be considered a windfall and you may wish to move for a modification of the support obligation.
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Your Ex cannot seek sole custody on the grounds that you do not pay what he believes is a sufficient amount for support. He would have to allege that the two of you cannot discuss what is in your children's best interests and because the two of you cannot discuss those issues joint custody is not feasible. It would be his burden to prove by clear and convincing evidence that a modification is warranted.
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No. Your husband will pay child support based upon his income and not your income, therefore, you do not have to fear that some of your income will be used to support his children from a previous relationship.
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There is no legal term "full custody". There is sole and joint custody, which affects the ability of the father to have input on the decisions affecting your children. Visitation is a seperate issue and if his visitation rights were reserved or he has no visitation rights then he would have to petition the court to see the children.
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The document is non-binding and only can be binding upon the entry of a court order indicating both parents would be bound by the terms of said agreement. You daughter needs an attorney to assistance her in this matter.
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You need to file a motion to modify the custody agreement and request that your obligation to pay child support be stopped. You should contact an attorney as soon as possible to file the appropriate pleadings.
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The short answer is no. However, he has never been declared the father of the minor child, then the mother may be able to move out of state because there has never been a court order declaring he is the father. That is not the end however, because if he signed the voluntary acknowledgement of paternity and he has taken an active part in the life of the child, he may be able to prevent said move or request a return.
Pursuant to Illinois law, a person is obligated to continue to pay the court ordered support until the order is modified. The important date is the date of filing of a pleading to modify the support payments, because a court can make the order retroactive to date of filing.
You need to retain an attorney to represent you in a custody trial. Feel to contact this office or another office who specializes in custody disputes.
