Recognizing Different Parenting Time ViolationsWhen a court rules on parenting time as part of the allocation of parental responsibilities, it is a legally enforceable court order. A parent who violates the agreement may face criminal and civil consequences, including:

  • Fines;
  • Scheduling make-up parenting time for the other parent;
  • Payment of a cash bond to insure against future violations;
  • Probation;
  • Driver's license suspension; and
  • Up to a year in prison after a third offense.

Abuse of parenting time unlawfully reduces the amount of time one parent gets to spend with his or her children. There are multiple methods that parents can use to violate a parenting time agreement.

Withholding Children

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Overcoming the Stigma of Male Spousal SupportIt is increasingly common for women to be the breadwinner in marriages, while more husbands are choosing to be stay-at-home dads. Societal norms are changing so that marriage roles are more independent from gender. Gender norms have also changed in divorce. Whereas it was once assumed that the husband would pay spousal support to the wife, more courts are awarding spousal support to men. However, statistics suggest that a significant number of men are eligible for spousal support but do not receive it. Because Illinois law does not distinguish between genders in determining spousal support, there should be no legal reason for this. Society’s lingering gender bias is likely the reason more divorced men do not receive spousal support.

Male Pride

Some men believe that receiving spousal support payments from their former wives would emasculate them. Through their experiences witnessing other marriages growing up, they may have learned that:

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Women More Likely to Initiate DivorceWhen breaking down the finances of a typical heterosexual marriage, women are more likely to struggle financially following a divorce than men. There have been gains in gender equality as compared to decades ago, but husbands on average still have greater income and resources than their wives. The division of marital property and support payments from their husbands may not be enough to offset their increased financial responsibilities as single home owners or parents.

Despite what they have to lose, studies consistently show that women are more likely to ask for a divorce than men. One common theory is that women are more sensitive to relationship issues than men. However, some research does not support this theory. A recent study found that: 

  • Women initiate the divorce in 69 percent of case; but
  • Men and women are equally likely to break up a relationship that is not a marriage. 

The disparity suggests that there are qualities unique to marriage that cause relationships to dissolve. Researchers have hypothesized that traditional gender roles are possibly the reason more women ask for divorce.

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Proving Emotional Abuse When Determining Allocation of Parental ResponsibilitiesThe legal definition of domestic abuse is not limited to physical attacks. A spouse or parent can verbally abuse others through harassing and demeaning behavior. Examples of emotional abuse include:

  • Insults;
  • Foul Language;
  • Threats;
  • Intimidation; and
  • Words meant to humiliate or isolate someone.

During a divorce, one parent may argue that the other parent is abusive and should have limited time with their children. Even without a criminal conviction, the court can consider a parent’s abusive nature in determining the allocation of parental responsibilities. However, emotional abuse is more abstract than physical abuse because there are no visible injuries. You must plan how you will present your evidence in order to prove that your spouse is emotionally abusive.

Evaluations

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Double Dipping and Business Valuations During DivorceDouble dipping comes in many forms and generally leaves at least one person upset. When it occurs during a divorce, a spouse is giving up an inequitable share of money or assets. “Double dipping” in divorce happens when a spouse’s income is used to determine both:

Many states, including Illinois, try to prevent double dipping by not counting personal income as a marital property. During business valuations, distinguishing personal income from marital property can be difficult. A business is both a shared property and an individual income source. How you determine a business’ value can prevent double dipping.

Valuation Process

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Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174

 630-584-4800

 400 S. County Farm Road, Suite 300
Wheaton, IL 60187

 630-407-1777

Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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