Posted on July 08, 2014 in Child Support

Illinois law grants the Department of Healthcare and Family Services (specifically, the Division of Child Support Enforcement) with the authority to disclose information about “deadbeat” parents. These are parents who are delinquent in making child support payments, and who have accumulated past-due amounts of $5,000 or more. Their pictures, biographical information, and child support debt can be found online.

While having your child support delinquency advertised online is certainly embarrassing, it can also have a negative effect on future employment and other financial opportunities. And that is just the tip of the iceberg. Illinois takes child support delinquency seriously, which is why state officials take a tough approach to punishing “deadbeat” parents.

Failure to support is a separately defined offense. A person is guilty of this offense when he or she:

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 Posted on July 02, 2014 in Family Law

Society encourage parents or guardians to care for minors because the law recognizes that children under the age of 18 typically lack the ability or capacity to manage their own affairs or to live independently. This is not true across the board, though. The law also recognizes that some minors grow up faster than others and need the legal authority to provide for themselves. The Emancipation of Minors Act provides mature minors between 16 and 18 years old with the means to obtain that legal authority.

A minor may petition for emancipation in the county in which he resides or is found, where he possesses property, or in which a pending court action could affect his interests. It is important to note that a parent, guardian or friend may also petition on the minor’s behalf, but that the minor must consent. The petition must set forth:

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 Posted on June 19, 2014 in Divorce

While Illinois law values the institution of marriage, it also recognizes that marriage does not always work out. Thus, Illinois residents may seek a court judgment to dissolve their marriage. The petitioner (the party filing for divorce) may have to prove one of the following grounds for dissolution of marriage:

• The respondent (the party responding to the divorce petition) was impotent;
• The responding party had a wife or husband living at the time of the marriage (bigamy);

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 Posted on June 17, 2014 in Alimony / Maintenance

Being a stay-at-home mom or dad can be just as much a full-time job as being a corporate attorney, high school teacher, physician’s assistant, or any other profession. And yet, those who work as full-time parents and/or homemakers might be sensitive to the fact that they are not breadwinners and, actually, bring in no income at all. Consequently, the stay-at-home spouse might feel like a dependent.

Illinois law, however, considers marriage a “joint enterprise," which means it recognizes the contributions that a stay-at-home parent and/or homemaker made to the marriage. If the marriage ends in divorce, the law does not penalize the parent who traded a professional career for caretaker responsibilities in the home. While this does not mean that a divorced homemaker would not have to get a job, it does mean that the court considers the party’s future employment opportunities and homemaker contributions when dividing the marital property and determining whether he or she is entitled to alimony (or maintenance) payments.

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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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