New Child Support Law Targets Self-Employed Parents

 Posted on January 09, 2013 in Family Law

With the New Year comes new laws. One of those new laws in place will help enforce child support obligations from parents who are self-employed or business owners, but don’t pay those obligations - something that has been difficult to do in the past. For a parent who is employed, the courts have the option of attaching his or her paycheck to ensure child support payments are made. But that isn’t an option available for a parent who is self-employed or owns their own business. Illinois Public Act 097-1029, which took effect January 1, 2013, gives the courts options they can utilize for those parents who aren’t paying. The court may order the parent to provide monthly financial statements showing expenses and income in order to determine exactly what that parent earns. Another option the court has is to force the self-employed parent to look for employment, requiring the keeping of a log or diary of their job search activities. The court can even require a delinquent parent to go to the Department of Employment Security to apply for services to find work that is subject to child support withholding. Anyone who doesn’t pay child support is subject to sanctions by the court, which can include probation, driver’s license suspension, community service or even jail. If you have been ordered to pay support but are having difficulties meeting those obligations, you should consult with a qualified Illinois divorce attorney to find out what solutions may be available to you.

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Sperm Donor Gets a Shock

 Posted on January 06, 2013 in Divorce

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Does Cheating Affect a Divorce?

 Posted on January 03, 2013 in Alimony / Maintenance

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Mothers in Divorce

 Posted on December 30, 2012 in Divorce

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Some people are more creative about calling it quits – outcome remains the same

 Posted on December 27, 2012 in Divorce

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Kalamazoo Lab Debuts Prenatal Paternity Test

 Posted on December 24, 2012 in Family Law

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U of I Professor Consults on Sesame Street Divorce Resources

 Posted on December 21, 2012 in Divorce

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Family Owned Businesses and Divorce

 Posted on December 18, 2012 in Divorce

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Supreme Court to Hear Arguments on Marriage Equality

 Posted on December 15, 2012 in Family Law

The United States Supreme Court has agreed to review two cases regarding same-sex marriage, in what the Associated Press calls a “potentially historic” hearing “challenging governments’ different treatment of gay Americans.” The first is the Defense of Marriage Act that states that the federal government will only recognize marriage as the union between two people of the opposite sex. The law has faced intense criticism since its inception in 1996, and been upheld several times by circuit courts across the nation. The other ruling that the country’s highest court will debate next year is California’s Prop 8, which, according to the Associated Press, is the state’s constitutional amendment that forbids same-sex marriage. The anticipated 2013 hearing will be the first time that the Supreme Court will address the question of same-sex marriage. It’s not the first time in recent history that the status of gay and lesbian citizens has been addressed in the Supreme Court, however. In 2003, according to PolicyMic.com, the Justices ruled 6–3 against a Texas law criminalizing gay sex as an unconstitutional violation of privacy. “Since then,” according to PolicyMic, “nine states have legalized same-sex marriage, the Obama administration formally repealed Don’t Ask Don’t Tell, the policy that prevented gays from serving opening in the military, and formally stopped defending against legal challenges to DOMA.” It’s no secret that the Obama Administration is staunchly against the Defense of Marriage Act, and most legal experts agree that the Supreme Court ruling, expected in June of next year, will repeal the controversial legislation. The state of Illinois has recognized same-sex unions since June 2011. In the first six months that the state offered civil unions, according to Illinois Issues, about 3,700 couples sought civil union licenses. Yet if gay marriage, not just civil unions, are legalized—and on a national level—the unions recognized in Illinois would be legitimate across the country. If you or someone you know is seeking information about gay marriage or civil unions in Illinois, contact a dedicated Illinois family law attorney today. Image courtesy of FreeDigitalPhotos.net

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Child Custody in Illinois

 Posted on December 12, 2012 in Divorce

There are, of course, several complicated issues to be addressed when going through a divorce. If children are involved, it’s even more so. The court system in Illinois takes into consideration several different factors when determining child custody, the crux of which is the child’s best interests. States all have different rules that evoke the “child’s best interest,” according to the Child Welfare Information Gateway, a governmental resource. In Illinois, the following factors that determine a child’s best interest include, but are not limited to:

• the physical safety and welfare of the child
• the child’s background and ties, including familial, cultural, and religious
• the child’s wishes and long-term goals
• the child’s community ties
• the child’s sense of attachments

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