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Roger William Stelk

Roger Stelk’s Answers

453 total


  • Can I adjust non-custodial parent's visitation if I believe the environment is unstable?

    I took my ex-boyfriend to court three and half years ago to have custody, visitation, and child support determined.I am the custodial parent. Over the years, my ex has been in and out of multiple relationships faster than I can blink, and living w...

    Roger’s Answer

    If a visitation schedule is established, it should be abided by unless for that particular moment you believe the child would be in danger. (For example, the father comes to pick the child up and he is drunk and ready to drive off with the child). Otherwise, you don't get to dictate the visitation/parenting time.
    If you feel a change is in order to further the child's best interests, you should file a petition to modify the father's visitation/parenting time.
    Retain an attorney to do it correctly.

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  • What is the process of separation for a couple who are engaged but not married but have a child 15 months old?

    My fiance has taken over controlling to an extreme and I feel all my efforts to please her or submit to her in any way I can are all in vain. I can't get a straight forward answer for any offense I may have made other than my "overall demeanor"...

    Roger’s Answer

    You can just separate. However, if you're interested in determining rights with respect to the child, you should file a parentage case. Issues of support, parenting time and responsibilities should all be addressed.
    Hire an experienced family law attorney.

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  • MY DAUGHTER IS NOT MY HUSBANDS BIOLOGICAL CHILD. HAS RAISED HER SINCE BIRTH. WOULD HE BE FINANCIALLY RESPONSIBLE IN DIVORCE?

    MY DAUGHTER IS 17 AND ABOUT TO GO TO COLLEGE. I AM ABOUT TO FILE FOR DIVORCE AND DUE TO FINANCIAL ISSUES I WILL BE TRYING TO DO IT MYSELF. WE HAVE NOTHING TO SEPERATE OR FIGHT OVER. MY ONLY CONCEARN IS FOR MY DUGHTERS COLLEGE TOUITION. I AM NO...

    Roger’s Answer

    She is not his child, he will not be held responsible for her college education unless for some reason he agrees to and it is put in a judgment.
    You may want to consider looking to the bioligical father.

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  • Can my husband will his share of our home to his children from a previous marriage?

    I have been married for 17 years my husband had our home before our marriage, he has put my name on the deed to our home which is paid for, can he make out a will and give his share of our home to his children of a previous marriage. I live in Oak...

    Roger’s Answer

    He can. However, if he passes before you, the bequest to the children may not be honored because it cannot legally be honored. It depends on how title is held. There are three basic types of ownership, tenants in common, joint tenancy with rights of survivorship and tenants by the entirety. Take your deed and ask a real estate lawyer the question.

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  • Who has to file a motion to either suspend or eliminate spousal support?

    My ex husband and I are back together and he does pay spousal support plus child support.We haven't moved back in together as of yet but are going to. Who is the one that needs to file the motion for not paying spousal support?

    Roger’s Answer

    It doesn't matter. But if he's the one that wants to stop paying, he might want to consider doing it. Get to a lawyer and have it done correctly.

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  • Can I gather/prepare the Prove Up documentation without a lawyer in the state of Illinois and finalize my divorce myself?

    I have run out of money to retain my lawyer beyond the drafting of the MSA and APR and would like to proceed with the finalization on my own.

    Roger’s Answer

    You are entitled to represent yourself. Be aware that you will be held to the same standards as an attorney.

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  • Is there requirement to reveal when a lawyer also writes title insurance for same transaction?

    I am selling a property, and I feel a lot of abuse by buyer's lawyer. First he has been calling and refused to use email - I suspected he was trying to sell something, e.g. title insurance/closing. He constantly try to change contracts after att...

    Roger’s Answer

    Generally, the seller's attorney handles the obtaining of title insurance. So, your attorney should be doing that. However, that doesn't mean the buyer's attorney can't do it. You should be checking with your lawyer about this. And if you don't have one, why not? This is too important and difficult to DIY. That being said, lawyer's must disclose that they are an agent for the title company. But you should be discussing this with your attorney.

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  • Can my ex now get child support when I'm not working and trying to go to college to better my life? Now he wants back support to

    Ex and I had a verbal agreement that when i asked him to let my boys live with him since i moved in with my mother due to financial issues that I would drop his support of $805.00 per month and he wouldn't request it from me. That was in 2010.

    Roger’s Answer

    You haven't provided sufficient facts.
    Was the previous order of support and parenting time modified by court order ?
    If not, it still stands as an order.
    Can he ask for support?
    Yes. But a lot of other things may need to happen first.
    See a lawyer to get specific answers.

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  • Can I terminate the bio father's parental rights if im not married?

    My son's bio father has not seen him for 3 years and stopped paying child support 2 years ago. My don is 5. He hasn't called, emailed, texted, anything. The bio father and I were never married and he signed his name on my sons birth certificate. H...

    Roger’s Answer

    You alone cannot terminate his rights. It can be done via an adoption proceeding. It would be a good idea to be married to initiate the adoption proceedings. Contact an experienced adoption attorney in your area for further guidance.

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  • Can the property be sold over the objections of one?

    4 siblings have inherited farm property. 3 wish to sell, the fourth does not but cannot buy the others out. can the one not wanting to sell prevent the other 3 from selling the property?

    Roger’s Answer

    Contact an attorney to file a partition suit. Otherwise, yes, the fourth can prevent the other three from selling the entire piece of property.

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