Posted on February 11, 2015 in Alimony / Maintenance

When a couple divorces, the court often orders one party to make maintenance (alimony) payments supporting his or her former spouse. Generally, this maintenance amount may only be modified or terminated if there has been a substantial change in either party’s circumstances. The court will consider various factors when considering a party’s petition for modification or termination, including:

• Changes in employment status, and whether the change was made in good faith (i.e.,  if the receiving spouse quits his or her job for no reason and then seeks additional maintenance, that change was not made in good faith);
• Whether the receiving spouse is making reasonable efforts to become self-supporting;

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 Posted on February 02, 2015 in Child Custody

A Missouri mother whose teenaged son became a temporary ward of Illinois after a local judge found that she interfered with his medical treatment is fighting back. She has rallied support from Missouri lawmakers, who are considering legislation that would protect guardians from abuse charges when they seek a second opinion from a licensed health care provider and follow that provider’s treatment advice.

The Illinois court’s decision to place the Missouri teen in temporary protective custody due to alleged child medical neglect is not the first – or last – of its kind (although the fact that Illinois is not the teen’s home state does distinguish his case from some of the others). Similar cases have appeared elsewhere across the United States. For example, the Connecticut Supreme Court recently held that the state can require a 17-year-old girl to receive chemotherapy treatment.

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 Posted on February 28, 2014 in Divorce

There was a time when divorce, same sex marriage and same sex divorce, civil unions and their dissolution, asset distribution, and a host of other family law related issues were non-existent or, at the very least, were very rarely discussed. That is not the case anymore, and the question remains: what has led to this progressive level of thinking? There is not a single encompassing answer, but the changes are occurring rapidly.

Divorce

Divorce was a rare occurrence at one time, and it seems likely that education, technology, and shifting beliefs have all attributed to the increase in divorce rates across all age ranges. Many married couples are still finding a way to make it work, but others choose to opt out.

When the marriage fails to work, there are numerous questions which must be addressed. When those questions arise, a good starting place for those in Illinois is 750 ILCS 5, but in order to interpret all of the nuances which accompany the Illinois Marriage and Dissolution of Marriage Act, you need an experienced family law attorney.

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 Posted on January 19, 2014 in Divorce

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 Posted on January 14, 2014 in Divorce

One of the most important issues facing spouses in a divorce involves their living arrangements. Homeowners, unsurprisingly, must consider their legal rights upon the division of marital property such as the house and furniture. However, renters must also consider their legal rights under their current lease for their rented home.

The Lease Is Marital Property

The home that spouses or families share is typically called the marital home or residence. Types of marital homes can include, but are not limited to, single-family houses, attached homes, apartments, mobile homes, boats, and trailers. When the marital home is a rental property, spouses’ rights in that property are called a leasehold. The leasehold, rather than the rented property, is what courts consider marital property to be divided upon divorce. Accordingly, divorcing spouses may have to address lease rights in their divorce settlement documents that discuss the current lease and or future rental leases.

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 Posted on January 03, 2014 in Divorce

Child Custody agreements for any family can become a convoluted, strenuous battle that can take several years to finally be resolved. A prime example of the stress that encompasses child custody disputes is the case Redmond v. Redmond, which involves a local Illinois woman who became engaged in a child custody battle with her child’s father, a citizen of Ireland.

The Battle Overseas

The couple in this case, Mary and Derek, met each other in Ireland. Although they were never married, they lived together in Ireland for 11 years. Their son, however, was born in Illinois, but the three of them returned to Ireland 11 days after the birth.

A few months later, however, Mary moved back to Illinois against Derek’s wishes. Although their child is a citizen of the United States, Derek argues that he should have joint custody of their child. The U.S. Appeals Court ultimately held that their son should be returned to the United States while the custody order is pending. With the various legal complexities, including unmarried parents and parents with different citizenships, this case may take several years before it is finally resolved. The Redmond case proves just how costly and exhausting child custody cases may become, and how many different issues can arise in each unique case.

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 Posted on December 25, 2013 in Divorce

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 Posted on October 22, 2013 in Divorce

If the department managing child support has handed down a decision in your case that you do not agree with, you can appeal via a written request to the department within the time frame listed in your notice by working with your family law attorney. When you receive your notice, keep track of the contact information and dates listed in that documentation. Staying on top of the dates and being prepared goes a long way towards getting you a fair child support appeal hearing. You can only request an appeal or a change in child support amounts when there are significant circumstances in your life or the life of the child that warrant such a change. For example, a job loss or a reduction in income for the non-custodial parent is an adequate reason for an appeal. If you do appeal for an additional hearing, the review of your request will depend on submitted documentation. Some examples of commonly submitted documents include an amended or new court order and copies of any circuit clerk payment ledgers that have not previously been provided by you. Crafting a letter to the department will initiate your appeal hearing. You must include the reason you are appealing and details about the initial finding from the department. When you submit these documents, be sure to include our name, Social Security number, the name of the custodial parent, the order docket number, and your child support case number (this one starts with a "C"). These details should be included in any communication and documentation send to the child support department. If you are missing some of the documents needed to start your appeal, do not hesitate to send in what you have already, since the time frame for appealing is a firm deadline and could terminate your option to appeal at all if you do not adhere to it. Going through a child support case, and especially finding out that the determination obtained is not what you were expecting, can be difficult. Knowing the steps in a child support case and determination is important for putting your mind at ease. If child support will be an issue for you, contact an experienced Kane County family law attorney today to schedule a consultation about a child support appeal.

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 Posted on August 07, 2013 in Divorce

Getting back into the dating game after being in a marriage for a long tim can be interesting, to say the least. While there are laws about things that you should and should not do, according to the Huffington Post, there are a few things that you should keep in mind as you are preparing for the single life. Do not Focus on What Your Ex is Doing This is not the time that you need to keep up with your ex. Do not worry about whom they are dating or how many dates they go on weekly. You absolutely do not have to prove anything by one upping them on the dating game. This is not a race and you should not put any pressure on yourself to go on dates until you are ready. Do not force it. Know What you Don’t Need While you are getting acclimated to life after divorce and not sharing your space with a significant other, do not fool yourself into thinking that all change is bad. There is nothing wrong with spending some time alone. You do not need a new boyfriend or girlfriend to be there with you all the time. This is a time of healing. If you do not afford yourself the time to heal, you will only be carrying baggage into the new relationship. Save the Intimacy for Later Loneliness can make you do crazy things. After going through a break up of any kind, you will love getting attention from the opposite sex. Attention is fine, but that does not mean that you should jump into bed with the first person or the first few people that give you that much needed attention. Being in a long-term relationship can cause you to lose a little bit of yourself. Take this time to get to know you before introducing yourself to the dating world. While your Kane County divorce attorney may not give you dating tips, they can definitely help you with any questions that you have regarding your divorce.

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 Posted on July 26, 2013 in Divorce

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