Archive, April 2017.
Child support and spousal maintenance are two of many considerations in an Illinois divorce, and the financial obligations included in a final decree will vary based upon the unique circumstances of the parties involved. When a divorcing couple can agree to certain support issues, there are tax benefits that the couple can take advantage of by structuring payments in a certain way. An arrangement termed “unallocated” child support is attractive to both parties. Speak with an Illinois divorce attorney with experience in tax matters to see if it is an option …
Posted in Child Support | Tagged alimony payments child support DuPage County divorce attorneys Illinois divorce attorney spousal maintenance unallocated child support
A recent Illinois Supreme Court opinion shed light on how attorney’s fees are handled in divorce cases, ending a battle that had both spouses in and out of court for 10 years. According to the Chicago Sun Times, the ruling means that a wealthy bankruptcy lawyer must pay his ex-wife $160,000 in attorney’s fees plus $27,500 in monthly spousal support.
Posted in Divorce | Tagged attorney fees divorce cases divorce settlement DuPage County family lawyer Illinois divorce case
When a couple decides to divorce, several steps are taken to begin the process. After the initial consultation with an Illinois divorce lawyer, your attorney will get to work on gathering information and filing the proper forms for your case. Research on property division, issues involving children, and potential strategies for spousal support will also be conducted. Additionally, your attorney will be touch with you about the work behind the scenes, which will include appearances in court. You may wonder what these hearings are about, since your case is not yet proceeding to trial. …
Posted in Divorce | Tagged contested divorce divorce proceedings DuPage County family law attorney Illinois divorce case pre-trial divorce motions
A legal battle stretching from Illinois to Indonesia found its way into a Cook County courtroom in March 2017, as a judge ruled against granting guardianship and custody to a baby’s grandmother. According to an ABC 7 Chicago News report, the infant’s parents are serving a prison sentence in a Bali murder case, having been convicted just before the child’s birth. The girl had been allowed to stay in jail with her mother until her second birthday, and her mother entrusted an Australian woman with her care on that date.
Posted in Guardianship | Tagged DuPage County family law attorneys guardianship Illinois guardianship cases parental rights
A court will make a determination of parenting time regarding minor children as part of a divorce, and both parents are expected to meet their obligations under the order. The occasional deviation from the schedule is understandable as life gets hectic for one parent or the other. However, continued incidents that deviate from the parenting time order can become a problem.
Posted in Visitation | Tagged allocation of parental responsibilities DuPage County family law lawyer enforce parenting time parenting time parenting time order
Illinois law allows parents to seek a determination on parental responsibility before the child is born, whether or not the individuals are married. If the issue of parental responsibility arises out of a divorce case, the court would first apply the legal presumption that the child is a product of the marriage. Where the issue is presented in the case of unmarried parents, a court must first determine parentage.
The already-contentious divorce between Jesse Jackson, Jr. and Sandi Jackson is becoming even uglier as attorneys for the spouses spar over jurisdiction issues. The Chicago Sun-Times reports that the dispute centers on whether Illinois courts have jurisdiction over Ms. Jackson, who lives in Washington, D.C. with the couple’s two children. Mr. Jackson’s lawyers allege that there is a valid legal basis for the divorce case to remain in Illinois due to Ms. Jackson’s connection to the South Side residence the couple shared: She contributed to household expenses since purchasing the home in …
Posted in Divorce | Tagged divorce issues DuPage County family law attorneys Illinois divorce cases jurisdiction personal jurisdiction
When a couple files for divorce, there may be a great discrepancy between their incomes—a difference that can make life very difficult for the lower wage earner when the other spouse is no longer contributing to the household. To avoid such a situation, Illinois divorce law provides for a proceeding called a Petition for Temporary Support and Other Relief.
Posted in Divorce | Tagged divorce process DuPage County family law attorneys Illinois divorce Illinois divorce law temporary spousal support
When you hear the term “restraining order,” you often think of a domestic situation where a victim goes to court to prevent an abuser from engaging in acts of violence. However, Illinois law also provides for restraining orders that relate to property in a divorce, which are used to safeguard assets during the proceedings. Without a valid order in place, one spouse may be tempted to empty bank accounts, transfer real estate, sell off certain personal items, or take other actions to impact an equitable distribution of property. An Illinois attorney can tell you more about restraining …
Posted in Domestic Violence | Tagged DuPage County divorce attorneys Illinois divorce Illinois property division marital assets Restraining Orders
Illinois lawmakers recognize that grandparents and non-parent relations can play a big role in a child’s life, so the General Assembly enacted a law that allows individuals to seek visitation under certain circumstances. In general, a person must file a petition in court; however, it is not necessary for there to be a pending case for divorce or allocation of parental responsibilities in order to initiate proceedings. A family law attorney can assist you with the process if the situation warrants visitation by non-parents, but some general information can help you understand your…
Posted in Visitation | Tagged allocation of parental responsibilities DuPage County family law lawyer Illinois law on visitation parentage
On its face, the Illinois Voluntary Acknowledgement of Paternity (VAP) seems like a simple form. It requires basic information about the mother, the child, the person asserting parentage, and other details. The benefit of using a VAP is that paternity is established without having to go to court. However, it is critical that you know the legal implications of executing the form—no matter what position you are in as a parent.
Posted in Paternity | Tagged DuPage County family law attorney parentage VAP Voluntary Acknowledgement of Paternity
If you are like many other individuals seeking divorce in Illinois, you hope to complete the process with as little cost and hassle as possible. You may have already sought information on the state’s Joint Simplified Dissolution of Marriage option for divorcing couples, which is attractive because it keeps expenses low and reduces the amount of time for resolution of your case. However, the fact is that very few couples actually qualify for the process due to the strict legal requirements. The eligibility rules will help you understand why—in most cases—you need a skilled Illinois …
Posted in Family Law | Tagged DuPage County divorce attorneys Illinois divorce Illinois divorce law joint simplified dissolution