Posted on September 29, 2014 in Family Law

According to a spokeswoman at the Illinois Department of Children and Family Services (DCFS), more child abuse incidents are reported to the department when school resumes every fall. That is because teachers are mandated reporters under state law, and they must report evidence of child abuse or neglect to DCFS. Other mandated reporters include:

• Any medical personnel who cared for or treated the child, such as a physician, nurse, physician assistant, dentist or dental hygienist;
•  School personnel (in addition to teachers), such as an administrator, education advocate or a school board member;

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 Posted on September 19, 2014 in Divorce

Marriage bestows certain rights and responsibilities upon spouses. These marriage rights can vary based on where you marry and whether or not your jurisdiction even allows you to marry (for example, while same-sex marriage is now legal in Illinois, it is not allowed in numerous states). Illinois sets forth a couple’s rights in the Rights of Married Persons Act, including:

1. Right to sue and be sued: A married person may sue or be sued without joining his or her spouse as a party in the lawsuit. Spouses may also sue one another for any tort (a civil wrong) committed during the marriage.
2. Defense in own right or for the other: If the spouses are sued jointly, either party may defend in his or her own right. Furthermore, if one spouse decides not to defend himself, the other spouse may defend for them both.

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 Posted on September 16, 2014 in Divorce

If you are a single parent who is entitled to receive child support, Illinois law wants to make sure that you get your money. While the preferred means of collecting child support is for the supporting parent to make timely payments, the law has backup methods in place should the preferred means fail. For example, if a parent fails to make a payment, the Illinois Department of Healthcare and Family Services (DHFS) might freeze his bank accounts or withhold a portion of his income. The state might also revoke his professional license until he pays up.

These backup methods have proved to be successful. During the most recent fiscal year, Illinois collected $1.4 billion in child support. DHFS officials say that this is a record amount. It is also the tenth straight year that the state has collected more than $1 billion. What does this mean for you? If you are dealing with a deadbeat parent (a parent who is supposed to pay child support but who has been missing payments), DHFS will do everything in its power to secure the money that you need to care for your family.

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 Posted on September 11, 2014 in Divorce

If you make child support payments in Illinois, you typically cannot just mail a check to the other parent. There is often a “middleman,” such as the Illinois Department of Healthcare and Family Services (DHFS) or the clerk of the court, who will then transmit the payment to the recipient. Your specific middleman will depend on the county in which the dissolution of marriage was filed (assuming that your duty to pay child support arose out of a failed marriage).

The following scenarios are meant to provide examples of to whom child support payments must be directed.

Scenario 1: You filed the dissolution petition in a county with a population of less than three million people. During the proceeding your spouse is awarded child custody and you are ordered to pay child support. In that case the court may order you to submit support payments to the clerk of the court.

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 Posted on September 09, 2014 in Alimony / Maintenance

Divorce is a contentious and complicated affair. There are so many factors to consider, from determining who gets the marital residence to the mechanics of making child support payments. While families are likely aware of the more “common” aspects of divorce such as asset division and child custody, they might be unaware of other aspects. The following includes answers to four questions about divorce that you might not know:

The Marital Residence – It is typical for divorcing couples to live separately while the divorce is pending. Problems arise, however, if neither spouse wants to vacate the marital residence. While the question of who gets what will be decided during the divorce proceeding, the court can also temporarily evict one spouse from the marital residence – if certain conditions are met. One party must file a petition seeking the temporary eviction, which will only be granted if the continued occupancy of both spouses will jeopardize the physical or mental well-being of either spouse or of their children. There will usually be a hearing and due notice. Also, remember that this is a temporary arrangement until the disposition of the marital property has been settled.

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 Posted on September 04, 2014 in Alimony / Maintenance

Divorce is never easy. There are so many issues for couples to fight about, including money, property, and custody of children. Even when spouses have a premarital agreement, they could still end up fighting over these and other issues. However, thanks to a new state law, now divorcing couples will face fewer battlefronts.

Previously, when courts determined maintenance (alimony), they relied on a myriad factors to decide on a fair amount. The problem with this system was that there were no overarching monetary guidelines. In other words, spouses could not accurately predict how much they would either pay or receive in maintenance. Nor could they predict how long the maintenance payments would endure.

Step One: Calculate the Maintenance Payment

 Under the new law, these issues have been resolved. Maintenance will now be determined by a specific calculation, similar to that used to determine appropriate child support payments. Setting maintenance is a two-step process. First, the court will look to both spouse’s gross incomes, subtracting 20 percent of the receiving spouse’s gross income from 30 percent of the paying spouse’s income.

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 Posted on September 02, 2014 in Divorce

One of the most basic principles in law is that a court must have jurisdiction before it can hear a case. Jurisdiction is a fancy way for saying that a court must have the authority to make legal judgments about an issue. If a court does not have that authority, then it cannot decide the issue. For example, when the issue is a federal law, that issue must usually be resolved by a federal – and not a state – court.

Jurisdiction Matters in Child Custody Cases

Another example involves child custody lawsuits. You cannot walk into just any courtroom and demand sole custody of your child. The court must have jurisdiction to make that decision. In Illinois, a court has jurisdiction to make an initial child custody determination only if:

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 Posted on August 28, 2014 in Divorce

Life during and after divorce can be overwhelming in many respects, especially when children are involved. If you are contemplating a divorce and anticipate a child custody battle, your mind is probably teeming with questions. Here are the answers to ten commonly asked questions regarding child custody, child support orders, visitation rights, and other related issues.

1. What are my family’s custody options?

Under Illinois law, either one parent will be awarded sole custody or both parents will share joint custody. If the court grants joint custody, one parent will have residential custody (this is the custodial parent). Both options afford visitation rights to the non-custodial parent. The main difference is that under joint custody, the parents share decision-making authority.

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 Posted on August 26, 2014 in Alimony / Maintenance

Divorce can be contentious, which is why it is important to know your rights and responsibilities going in. Here are the answers to eight commonly asked questions regarding property division and other divorce-related issues.

1. My spouse has filed a petition for the dissolution of our marriage. What are my financial responsibilities while this action is pending?

A dissolution action stay is in effect against both parties. Neither of you can spend, destroy or otherwise dispose of marital property without the other party's consent, except in the normal course of business or life. For example, you can pay your bills without asking permission but you cannot buy a fancy sports car.

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 Posted on August 22, 2014 in Family Law

A child’s parents are not always the people who gave birth to him. In fact, sometimes a child’s “parents” are not actually his parents at all, but are actually his legal guardians. While a legal guardian may look like a parent and act like a parent, the law confers a different status.

For whatever reason, some parents are unable to care for their children. When that happens, courts have various means of transferring legal authority to someone who does have that capability. Legal guardianship is one such process. Before appointing a permanent legal guardian, the court might appoint a guardian ad litem (GAL) who will be tasked with investigating the relevant facts. The GAL’s investigation will likely focus on the family’s situation and the parents’ ability – or inability – to care for their child. After the GAL investigates, he or she will make a recommendation to the court based on the child’s best interests.

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