Legal Question in Family Law in Illinois

Hello. I have been divorced from my ex husband since December 2009. We were married in August 2008, so our marriage ended rather quickly. He gave me maintenance in one lump sum at the time of our divorce being final, in the form of a personal check, which I have already paid taxes on, as it was counted as income for the 2009 tax year. He currently pays child support to me for our one child, 20% of his annual income. We have 50/50 shared residential custody of our child. Here is my predicament: I am considering having a friend move in with me in my new home, where my son resides 50% of the time. This friend is male, and we are not dating. He has been a friend for almost 10 years. He has, however, been admitted to a mental hospital, back in 1999. He has also been arrested for damaging someone's window in their home, back in 2007. My ex husband is claiming that if I have this person move in with me, that he will take me to court to win full custody of our child, and charge me with endangering a child. He also claims that he will be able to take back the maintenance he has already given me. Is there anything he can legally do to me in this situation? I have not made my final decision yet, and I just want to make sure I am OK to allow my friend to move in with me. Thank you for your help.


Asked on 6/20/10, 9:17 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

i doubt he can get back the maintenance, but it is not wise to let your friend move in. With his history, it may not be in the best interest of your child to have him live with you. A judge might well find it a basis for changing custody, or at least possession, if you have joint custody.

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Answered on 6/23/10, 6:53 pm


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