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David Giffin
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Claimed Lawyer ProfileQ&A
Education
- Wake Forest University School of Law
- J.D. (2016) | General Legal Practice, Constitutional Law
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- Honors: Third Place, 1L Trial Bar Competition; Third Place, Zeliff Mock Trial Competition
- Activities: Wake Forest University Trial Bar; Wake Forest Journal of Business and Intellectual Property Law
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- Candler School of Theology, Emory University
- Masters in Theological Studies (MTS) (2013)
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- Emory University
- B.A. (2010) | Religious Studies, Ethics
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Professional Experience
- Associate Attorney
- Tapella & Eberspacher LLC
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Professional Associations
- State Bar of Illinois
- Member
- Current
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- Coles/Cumberland Bar Association
- Member
- Current
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- Federalist Society for Law & Public Policy Studies
- Member
- Current
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Jurisdictions Admitted to Practice
- Illinois
- Supreme Court of Illinois
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Practice Areas
- Family Law
- Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders
- Divorce
- Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
- Estate Planning
- Guardianship & Conservatorship Estate Administration
- Traffic Tickets
Languages
- English: Spoken, Written
Legal Answers
- Q. Does a modification of child support also modify previously agreed to expenses?
- A: 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 in that earlier order, then the original order remains in effect as to at least those unaffected terms. From your description, it sounds like the provisions of your orders pertaining to the splitting of your children's expenses were treated differently the main child support obligation in your court orders. As such, if your order modifying the core child support payment did not also expressly modify ... Read More
- 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.
- A: 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 the information you have learned about the vape, just to make sure it is correct. Who or what was the source of the information? When did this happen? Do you have the vape device itself? What circumstances surrounded her giving the vape device? Did she do other things to encourage or condone vaping? Further, have there been other recent incidents (i.e. within the last few months) where their mom has done ... Read More
- Q. Back in 1997 I was married and my then husband purchased a house.
- A: 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 your then-husband purchased, you may still be legally on the hook for the debt.
I suggest that you find the documents and court filings from your divorce case and review them carefully. The circuit court where your divorce was finalized will likely have copies in its archives. Hopefully, the final court orders (either a judgment or approved settlement agreement) contain language stating that your ex ... Read More
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