If you're going to be living abroad for 3 years, you should definitely get an order entered which allows for you to have blocks of parenting time with the kids when you're back in town (with reasonable notice to your ex) and for regular scheduled communication with the child by phone as well as Skype or some other video-communication. A verbal agreement with your ex on these points will not be binding, so you should definitely try to lock this in with a well-drafted court order - hopefully by agreement, and preferably with the assistance of an attorney. Good luck, and viva Italia!See question
The first step is to obtain and review your wife's financial disclosure statement and, if necessary, conduct formal written discovery. Through written discovery you can get copies of the bank records for accounts that you do know about. The transaction summaries of those accounts will sometimes show transfers to or from other mysterious accounts that are not reflected on the financial disclosure statement. If you find these, you can dig deeper, demand supplemental answers to discovery, and get the info about these accounts. Good Luck!See question
The fact that you have one child that's covered by the PA order and one child that's not makes the jurisdiction issues a little bit more complex (but not too much). The Uniform Child Jurisdiction and Enforcement Act looks to the "home state" of the child for determining jurisdiction over custody and visitation issues. Generally the state where the child has been residing for at least 6 months constitutes the home state. Because you've been in DuPage for 8 months, transferring jurisdiction for your older child form PA to IL should be straightforward. Because your younger child was born in Illinois, Illinois would unquestionably be the home state for that child as well. Moreover, since the father of the children is moving to Illinois as well, this makes transferring jurisdiction here a no-brainer: If mom, dad and the kids all live in Illinois, at the end of the day, Illinois will assume jurisdiction on all custody issues. It's simply a matter of filing a petition to enroll the PA judgment here for purposes of modification, filing a petition that asks the court to determine custody of the younger child, and filing a motion to consolidate both cases so one Illinois judge is hearing everything. Good luck!See question
It's certainly not legally binding, and you are not legally divorced. However, this document the two of you signed may have some relevance in upcoming court proceedings if they became contested. It would certainly be strong evidence of your mutual intent at that time regarding custody, visitation and child-related issues; and portions the agreement that attempt to identify certain items of property as yours or hers might (I repeat "might") be construed as a "valid agreement of the parties" pursuant to 750 ILCS 5/503(a)(4) which might exclude certain property from from being treated as "marital".
In any event, what you really want to do is consult with an attorney so he or she can take your agreement and turn it into a legally binding marital settlement agreement and joint custody judgment. Then the attorney can file the case, schedule a quick 10 minute hearing, and get a judgment for dissolution of marriage entered that incorporates your agreements.
Since you two have a minor child, it's important you get this done the right way, instead of thinking this document is legally binding and then having it come back to bite you several years from now.See question
Your question seems to have been cut off. In any event, assuming you have custody of the child, and the child is still a minor, the father's net income is what's most relevant in determining his child support obligation. If a child support order is already in place, he must continue to pay the amount ordered. If he wants to try to modify the support order based upon your child receiving SSI disability payments, the burden is on him to file such a motion. The mere fact that your son is getting disability benefits doesn't eliminate the father's obligation to contribute your son's support. I hope this helps.See question
Your proposed agreement raises jurisdictional problems that should be reviewed before you enter into such an agreement. Most states follow the Uniform Child Custody Jurisdiction and Enforcement Act, which provides, in part, that the "home state" of a child is the state in which the child has been residing for a period in excess of six months. If the children were to move to Washington and reside there for over six months, Washington could become the home state of the children, requiring any custody / visitation disputes to be handled by the Washington courts. One should definitely consult with an attorney and consider these jurisdictional issues before agreeing to removal of the children from the state for an extended period of time.See question
The local rules for the county in which the case is pending should identify the document that need to be provided. Generally, these include recent paystubs, tax returns, W-2's, 1099's and other evidence of income. Additional documents can also be formally requested through the discovery process, including bank statements and business records. Oftentimes the parties are required to exchange comprehensive financial statements in a format designated by local rule.See question
If someone takes their child out of state without a court order granting that authority, he or she runs the risk of the spouse filing a motion requiring the return of the child to Illinois. Section 609 of the Illinois Marriage and Dissolution of Marriage Act (as well as the case law which interprets that statute) talks about what is required for the court to grant someone leave to permanently remove a minor child from the state.See question