Posted on December 04, 2014 in Child Custody

In June 2014, the Illinois Supreme Court considered whether state law permits child support payments to noncustodial parents. Typically, it is the noncustodial parent who makes support payments because this parent does not have physical custody of the child. And if the custodial parent has sole custody, then the noncustodial parent does not have legal custody either.

The case, In re Marriage of Turk, involved a divorced couple with joint custody of their two children. Initially, the court ordered the noncustodial parent to make regular support payments, which he did. Eventually, however, the court awarded sole custody to the father (who was originally the noncustodial parent). The mother became the noncustodial parent with limited visitation rights. The father objected to his ongoing child support obligation, arguing that the Illinois Marriage and Dissolution of Marriage Act does not authorize court-ordered support payments to the noncustodial parent.

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 Posted on December 02, 2014 in Family Law

Domestic abuse is not a cookie-cutter crime. The abuse can take on many different forms, including harassment by telephone (if directed toward a family or household member, or a significant other). Keep in mind that this category of harassment is not limited to telephone calls; rather, it also includes electronic communications such as text messages, emails and messages transmitted via social media outlets like Facebook. Those facing harassment from a spouse may wish to speak to an experienced attorney for help obtaining an order of protection.

Harassment by Telephone

A person can be charged with harassment by telephone if he or she uses telephone communication to:

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 Posted on November 25, 2014 in Family Law

Sometimes, no matter how hard parents try, their child might be beyond their control. This may occur after a troubling divorce, during a child custody dispute, or even in the absence of these circumstances.. Such situations call for government (authoritative) intervention. Under Illinois law, authoritative intervention is required for children under the age of 18 if the child:

• Is absent from home without parental consent; or
• Is beyond the parent’s or guardian’s control and in physical danger; and
• Refuses to return home after crisis services have been offered and the child and parents/guardians cannot agree to alternative placement.

If law enforcement reasonably believes that the minor is absent from home without parental consent or is beyond the parents’ control and in physical danger, then the officer may take the minor into limited custody. The officer must immediately inform the minor why he is being taken into limited custody. He must also make a reasonable effort to inform the minor’s parents about the situation.

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 Posted on November 24, 2014 in Child Custody

When their children misbehave, some parents do not think twice about spanking them. However, it might be wise to think twice in certain situations, as doing so could result in criminal charges, or could lead a custodial parent to lose custody.

Spanking is permitted in Illinois, but not in excessive doses. Child discipline can quickly become child abuse when parents, immediate family members, or any person responsible for a child’s welfare inflicts excessive corporal punishment. Spanking is only one example. Others include slapping, hitting and shoving.

The problem is recognizing the line between acceptable and unacceptable corporal punishment. Unfortunately the law is not clear. The Illinois Supreme Court has held that parents may use corporal punishment as long as it conforms to the “reasonableness” standard. But what is reasonable in one parent-child situation might not be reasonable in a different parent-child situation. Ultimately, determining “reasonableness” is a fact-based inquiry.

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 Posted on November 20, 2014 in Family Law

The U.S. Supreme Court made headlines last month when it declined to review several same-sex marriage cases, allowing the unions to proceed in those states and opening the door for them to proceed in others. That decision also affirmed the legality of same-sex marriage in Illinois. However, a recent decision by the Sixth Circuit Court of Appeals could have an impact on Illinois family law – and family law across the country – if that case ultimately winds up before the Supreme Court.

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 Posted on November 18, 2014 in Divorce

If you discover that you can no longer live with your spouse, you might assume that divorce is your only option. That is not the case, however. You could opt for a legal separation.

A legal separation works best for two spouses who live in separate residences, do not want a divorce, but do want a court order setting forth each party’s legal rights and obligations. The order might touch upon child custody and visitation rights, child support obligations, property ownership and maintenance payments. The main (obvious) difference between a legal separation and a divorce is that the couple remains married unless either institutes an action for dissolution of marriage.

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 Posted on November 13, 2014 in Child Custody

Illinois law applies the best interest standard in civil matters involving children. Divorce proceedings, child custody battles, and visitation hearings are all examples of matters where a court must consider what is in the best interests of the child. These best interests include maximizing the child’s physical, mental, moral and emotional well-being.

It is difficult to define the best interest standard precisely, because as any parent knows, what is best for one child might not be what is best for another. However, the law sets forth relevant factors for courts to consider. That list is meant to be a starting point. Courts may consider all relevant factors and not merely those delineated here:

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 Posted on November 06, 2014 in Divorce

Like physical stalking, cyberstalking is a form of domestic abuse. In fact, our increasing reliance upon electronic communication and our ubiquitous presence on social media make cyberstalking an even greater threat. You could be the victim of cyberstalking if a person uses electronic communication to follow, observe, threaten, monitor or contact you without your consent. “Electronic communication” includes – but is not limited to – transmissions via email, text message, instant message and voicemail.

Illinois law classifies three behaviors as cyberstalking. First, a person can be charged with cyberstalking if he uses electronic communication in a way that he knows – or should know – would cause a reasonable person to:

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 Posted on November 04, 2014 in Divorce

For some spouses in Illinois, uncontested divorce is an option. Sometimes referred to as a “simple” divorce, this legal end to a marriage may be considered when the divorce process will not feature disputes or negotiations. In some cases, this absence of argumentation is the result of a lack of any children or financial assets to fight over. Other times, an agreement has already been reached regarding children-related issues such as custody. If either scenario is applicable, an uncontested divorce may be executed by an experienced Illinois family law attorney. While not an option for all divorcing spouses, for those fitting the criteria, uncontested divorce can be a faster, more affordable, and less contentious way to bring a marriage to an end.

Uncontested Divorce Is Governed by the Illinois Marriage and Dissolution of Marriage Act

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 Posted on October 24, 2014 in Divorce

Illinois relies on a principle of equitable distribution in dividing marital assets and debts upon divorce. In addition to savings, real property, personal property, business interests, and investments, the division process also reaches pension benefits. The distribution of pension benefits can sometimes be a source of confusion, especially when some benefits were accrued prior to marriage, or will continue to accrue after divorce. In understanding and anticipating the impact of divorce on pension benefits, the skill and knowledge of an Illinois family law attorney is an invaluable resource.

Pension Benefits Accrued During Marriage Are Subject To Equitable Distribution In Illinois

The general rule is that a non-employee ex-spouse only has a right to pension benefits that accrued during the marriage. With regard to the division of this segment of pension benefits, there are two primary methods. In some instances, the court will divide pension rights between ex-spouses. This is accomplished via a Qualified Domestic Relations Order (QDRO). This type of order compels the pension plan administrator to assign a court-determined amount of the employee spouse’s pension to the non-employee spouse upon finalization of divorce. In other instances, rather than issue a QDRO, the court will allow the employee spouse to keep 100 percent of the pension benefits, but award an offsetting amount of other assets to the non-employee spouse.

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