Posted on August 05, 2016 in Child Custody

In Illinois, before agreeing to a custody arrangement, divorcing couples are required to consider including a right of first refusal provision in their parenting plans. This means that before a parenting plan can be approved, parents must consider including a guarantee that anytime the custodial parent needs someone to care for the children, he or she must ask the other parent first before engaging the services of a babysitter or other family member.

Current Law

According to Illinois law, if a Family Court awards parenting time to both parents, it must consider whether one or both parties should be awarded the right of first refusal, which would give the non-custodial parent the first opportunity to care for the child if the custodial parent intends to leave for a significant period of time.

Parents are encouraged to come to an agreement regarding first refusal rights without the aid of the Court. However, in instances where this is not possible, or if the court finds that the agreement is inconsistent with the best interests of the child, the judge must consider adding the right to the terms of the parenting plan.

Continue Reading ››

 Posted on July 27, 2016 in Child Support

Child support is important for parents’ and children’s financial stability, but sometimes, the payor parent fails to make payments. In Illinois, the custodial parent has several enforcement options. The parent may garnish the nonpaying parent’s wages, seek contempt charges in court or seek driver’s license suspension. Parents also have other options for enforcement through the courts or by reporting the nonpayment to Child Support Services.

Liens

Since a child support order is a Court Order, unpaid child support judgments may be enforced by the same methods as any other judgment. The Court may place a lien on the delinquent parent’s bank accounts; real estate; cars; lawsuit settlements, including workers’ compensation claims or other assets. If the parent does not pay the child support amount, the sheriff may seize the parent’s property, sell it and pay the custodial parent out of the proceeds.

Continue Reading ››

 Posted on July 21, 2016 in Child Support

Every child in Illinois has the legal right to receive financial support from both parents. This responsibility does not end simply because parents divorce or separate. The payment of child support can be extremely important for a child's or parent's financial stability, but sometimes, the payor parent fails to make payments. In Illinois, the custodial parent has several enforcement options.

Garnishing Wages

If a parent wants to enforce a child support order without going to court, he or she may send a Notice to Withhold Income for Support both to the parent and to the parent’s employer. The parent’s wages will be garnished, and the child support will be paid directly out of the parent’s paycheck. Sometimes, however, the parents have previously agreed not to pursue income withholding, and this option is not available. Fortunately, several other enforcement methods are possible in Illinois.

Continue Reading ››

 Posted on July 13, 2016 in Child Support

Calculating child support is one of the most important aspects of a custody case, as the result has the significant likelihood of affecting a child’s life for years to come. Often, a change in one of the parents’ financial circumstances, such as a new employment opportunity, requires courts to reevaluate that person’s monetary contribution. In a recently issued opinion, an Illinois Court of Appeals clarified what constitutes a material change in circumstances such that child support must be modified.

In re Marriage of Fortner

In 2002, Rob Fortner and Shelley S. Scanlan were married and subsequently had a child. In 2003, the couple separated, and an Illinois court ordered that Mr. Fortner pay $313.11 a month in child support. In 2014, Mr. Fortner successfully brought a wrongful death claim against the hospital that treated his father during a fatal heart attack. After deductions for attorney’s fees and other costs of litigation, Mr. Fortner received $169,725.48. Ms. Scanlan then filed a motion to modify child support based on Mr. Fortner’s changed circumstances, although Mr. Fortner argued that the settlement did not constitute increased income for purposes of child support allocation.

Continue Reading ››

 Posted on July 08, 2016 in Divorce

Divorces can be contentious. The end of a marriage means separating two lives and involves many major decisions, from spousal and child support to property division. There are plenty of issues on which spouses can disagree, but when a divorcing couple can reach a compromise on as much as possible, they can save significant amounts of time and money.

Uncontested Divorce

An uncontested divorce means that the spouses reached an agreement on all the issues before beginning the divorce process, including property division, alimony, child support, child custody and parenting time. Uncontested divorces are both simpler and faster than contested divorces.

One main benefit of an uncontested divorce is that the spouses can reach a mutually acceptable agreement. Rarely will a divorce settlement be ideal for either spouse, but the spouses in an uncontested divorce retain control over the outcome, unlike in a contested divorce, where the issues are settled by a judge.

Continue Reading ››

 Posted on June 24, 2016 in Division of Property

When a couple dissolves their marriage, all marital property, including both assets and liabilities, must be allocated between the spouses. Dividing marital debt is a similar process to dividing assets; however, there are unique issues that come with apportioning debt in a divorce.

Equitable Distribution

The best and simplest solutions are when spouses are able to either pay off their debt or collectively divide their debt before filing for divorce. However, these options are not always possible, and the Court may need to split the marital debt.

When dividing debt in divorce, Courts use the principles of equitable distribution. Hence, the debt is divided fairly, if not equally. Courts take into account factors including:

• Each spouse’s financial circumstances such as assets and earning potential;

Continue Reading ››

 Posted on June 17, 2016 in Child Custody

Sometimes, terminating a parent's rights is in a child’s best interest. Most often, this occurs in the case of an adoption proceeding. However, in the case of abuse, neglect or abandonment, a Court may terminate a person’s parental rights without an adoptive parent stepping in to take the abusive parent’s place.

Termination

In Illinois, there are two ways to terminate parental rights:

• In conjunction with an adoption; or
• In a juvenile case.

In an adoption, another person must step into the ex-parent’s shoes to care for the child. For example, a stepparent may adopt the child. Termination without adoption is much more difficult and requires proving that the parent has been abusive or neglectful.

Adoption

Continue Reading ››

 Posted on June 10, 2016 in Child Support

Child support determinations can be filled with tension, and the amount of support is often hotly contested. Child support calculations in Illinois are based on each parent’s earnings, and sometimes, one parent tries to evade responsibility for support payments by hiding income.

Imputing Income

If the judge in a child support proceeding suspects that one parent is trying to avoid paying child support, Illinois law has a mechanism to ensure fairness — imputing income. When a Court imputes income, a parent is assigned a higher income for purposes of calculating child support. This action is appropriate when there is doubt as to the accuracy of the parent’s reported income and evidence shows that the parent is or could be earning more than reported.

There are several reasons to impute income in Illinois. Imputing income may be appropriate when a parent conceals or fails to report his or her earnings, or when the parent is voluntarily unemployed or underemployed.

Continue Reading ››

 Posted on June 03, 2016 in Family Law

Social media is a useful tool with widespread use. However, social media use means that privacy has changed as well. We often do not fully consider the implications of what we post online and may expose too much information to the outside world.

Social media use can create tension in a marriage and may additionally affect family law issues such as divorce, custody proceedings and spousal or child support issues.

Social Media Evidence

Courts are increasingly allowing social media posts to be used as evidence in family law cases. Facebook, Instagram, Twitter, Vine and Snapchat posts and photos can reveal cheating, substance abuse and other issues that can affect legal outcomes. Foursquare and Yelp can show a user's whereabouts with location check-ins. LinkedIn may disclose information about one's employment, including income and bonuses.

Continue Reading ››

 Posted on May 27, 2016 in Spousal Support

Unfortunately, in some divorces, one or both parties may attempt to hide or misrepresent their assets from the other. However, the recently passed Illinois Marriage and Dissolution of Marriage Act now makes the attempt to provide false information on a financial affidavit punishable by financial sanctions and attorney’s fee awards.

Financial Affidavits

During a divorce, either party is permitted to submit a petition for temporary maintenance or temporary child support. Maintenance is a set payment that may be paid in one or more installments and is intended to help the petitioning party pay necessary expenses and living costs.

The petitioning party must include a financial affidavit that sets forth information about his or her assets and income, which must also be supported by specific documentary evidence, including:

Continue Reading ››