Posted on March 30, 2016 in Domestic Violence

If you feel that you are in danger of being harmed by your current or former partner, yes. An order of protection is a legal order that requires your abuser to stay away from you, with criminal consequences for violating the order. Having one in place can give you the recourse you need if you are threatened or attacked. Your partner or others around you might attempt to sway your decision, telling you that this type of protection is meaningless or unnecessary. But do not listen to them – let an experienced family and divorce attorney determine whether an order of protection is in your best interest.

Are You Unsafe?

This is the most important issue to determine when deciding whether or not to seek an order of protection from a partner. Ask yourself if you feel like you are in danger of being hurt, whether physically, emotionally, mentally, or financially. Domestic violence means more than just physical acts. It can refer to the psychological manipulation of a partner, the restriction of an individual's financial freedom, and emotional or sexual abuse as well. In short, all types of domestic violence have one thing in common: they are an attempt to maintain control over an individual.

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 Posted on March 28, 2016 in Paternity

In 2015, new legislation was passed that overhauled Illinois' existing laws about property division in a divorce, grandparents' rights, and the ways we discuss child custody and parentage. These changes were designed to make the law better reflect today's realities for Illinois families: generally, both parents take an active role in raising their child, and not every family is headed by a heterosexual married couple. This final point was considered as the amendments to the Illinois Parentage Act were written.

Today, the language in the Act is gender-neutral, reflecting the fact that many children today grow up with same sex parents. Other amendments were made this this in mind, such as the circumstances under which an individual is assumed to be a child's parent. Consult with an experienced family attorney to determine your legal rights in accordance with these changes.

Who Is Presumed to Be a Child's Parent?

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 Posted on March 23, 2016 in Alimony / Maintenance

If you currently rely on spousal maintenance payments as a form of income, it is important that you understand your tax responsibilities related to this income. Spousal maintenance, unlike child support payments and property settlements, is taxed. If you do not pay your taxes on the spousal maintenance money you receive, you can face an audit from the Internal Revenue Service (IRS).

Do not enter tax season without a solid understanding of your tax responsibilities as a spousal maintenance recipient. If you are unsure about what you need to do with your taxes this year, contact an experienced divorce attorney to discuss this and other ways your divorce can affect your taxes.

Reporting Your Spousal Maintenance Income to the IRS

If you are a recipient of spousal maintenance payments, you need to report the amount you received, in full, using either Form 1040 or on Schedule NEC on Form 1040NR. Your former partner has to report what he or she paid to you on his or her tax return as well. If either partner does not report the spousal maintenance amount that he or she paid or received, the other partner's return may be used to estimate the unreported amount. The paying spouse must also provide the receiving spouse's Social Security number on his or her tax return. Failure to do so can result in a $50 fee.

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 Posted on March 21, 2016 in Child Custody

Working together with your former spouse to effectively co-parent your children can be difficult. Sometimes, the issues that drove your marriage apart remain unresolved long after your divorce. Other issues might be resentment over how the divorce was settled or how your former partner is conducting his or her life now. Resentment can be a normal emotion, but it should not leak into your co-parenting agreement with your former partner.

Keeping your relationship with your former partner as free of conflict as possible is important for many reasons. As your children grow and face new challenges, like new levels of independence and choices about employment and higher education, you will need to be flexible with your parenting time schedule and expectations for your changing relationship with your child. It also makes it easier for you to look at issues that arise objectively, rather than emotionally. This skill will make it easy to determine whether an issue requires intervention from the court to resolve.

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 Posted on March 16, 2016 in Paternity

If you are involved in a paternity-related legal case, whether you are a mother who wants to prove her child's paternity or a man who wants to establish legal paternity rights to his child, there are a few key terms to know and understand. Although paternity might seem like a simple concept, it can become complicated from a legal perspective. If you have questions about your legal rights as a mother or a father in Illinois and how you can establish paternity of your child, work with an experienced Illinois paternity attorney.

Who Is a Legal Father?

A legal father is the father who has legal parental rights to a child. This includes the right to make “big” decisions on the child's behalf, such as decisions about the child's medical care or schooling, as well as the right to seek court-ordered parenting time with the child and child support from the child's other parent to cover the expenses related to raising the child.

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 Posted on March 09, 2016 in Divorce

According to Time magazine, despite the recent rise of married women choosing to retain their maiden names after marriage, approximately 80 percent still choose to alter their names in some way, either by taking their husbands' names or by hyphenating their husbands' names with this own. These women often face the issue of changing their names again when they divorce. Although some opt to retain their husbands' names in order to have names that match their children, many divorced women look forward to the day that they can remove this connection to their former husband from their identity.

If you have recently been divorced or plan to divorce in the near future and you want to change your name, you will need to complete the legal name change process. Consider speaking to an attorney for help with this process.

Changing Your Name with the Social Security Administration

To change your name with the Department of Motor Vehicles and on other official documents, you first need to change your name with the Social Security Administration (SSA). This is done through a completed Application for Social Security Card (Form S-55). This must be done in person or by mail. To change your name you need the following:

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 Posted on February 29, 2016 in Divorce

If you find yourself heading to court to reach a decision in your divorce or family law issue, it is important that you dress appropriately for the occasion. It is not uncommon for individuals to show up to court in clothing that is far too casual or otherwise inappropriate for a courtroom setting, due to both the relaxing decorum rules of our society and the fact that many people have never previously been inside a courtroom.

Keep It Conservative

This is the most important rule to keep in mind when determining what you will wear to court. A tasteful, conservative outfit is always your best choice. Ways to style yourself conservatively include:

• Choosing neutral colors like navy blue and forest green. Wear a solid color or a demure pattern, like pinstripes, rather than a loud or distracting pattern or color;
• Leave everything to the imagination. Shirts on both sexes should be neatly buttoned to the top and clothing should not grip the body tightly, but rather fit appropriately. Skirts should reach the knee and shoes should not have open toes;

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 Posted on February 25, 2016 in Child Custody

The bond between a grandparent and their grandchild is special. Grandparents are the ones who bring tasty treats, impart timeless wisdom, and bend their children's rules to make memories with their grandchildren. In some families, grandparents play a much more vital role in their grandchildren's lives.

They might be their substantial, or even primary, caretakers. In its recent rewrite of the laws governing parental rights in Illinois, the state legislature acknowledged the realities that thousands of grandparents face as their grandchildren's caretakers and created new legal rights for them. Grandparents’ rights are an important part of family law. If you are a grandparent who is not sure about your rights to your grandchild, speak with an experienced family attorney to determine these rights.

Adoption Registry Rights for Grandparents

One of the changes to Illinois family law that came with the beginning of 2016 was the set of amendments to the Illinois Adoption Act. In these revisions, biological parents of deceased individuals who placed children for adoption may submit paperwork to become eligible to exchange information with their adult adopted grandchildren. This exchange is facilitated by the Illinois Adoption Registry and Medical Information Exchange. It is designed to allow individuals to contact their biological grandchildren to establish contact or exchange information about their medical history. If the grandchild is under the age of 21, a biological grandparent may exchange information with his or her adoptive parent or legal guardian or, if the grandchild is also deceased, his or her adult child or surviving spouse.

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 Posted on February 23, 2016 in Child Custody

Previously, if a custodial parent wanted to relocate out of Illinois with his or her child, he or she needed to obtain an Order of Removal from the court to be able to do so. This came after the court examined the situation fully, seeking answers to issues like whether the move would provide a better quality of life for the child, whether the child could continue to maintain a relationship with his or her other parent after the move, and whether moving out of Illinois was, in fact, necessary for the parent and child to change their lives for the better. The only exception to such examinations were cases where the child's other parent approved of the move in writing. Moving within Illinois was not regulated by the court at all.

But since the changes to the Illinois Marriage and Dissolution of Marriage Act went into effect on January 1, 2016, the rules are different for parents who want to move with their children. Now, certain moves within the state do require permission from the court, while some moves out of Illinois do not.

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 Posted on February 18, 2016 in Domestic Violence

The Illinois Domestic Violence Act of 1986 was passed in order to clearly define the actions that are considered to be domestic violence and give victims a legal process to protect themselves from their abusers. When an individual experiences domestic violence in his or her marriage, he or she may seek an order of protection against his or her spouse, as per this act. Once he or she is safe from further violence, he or she may consider seeking a divorce.

The Illinois Domestic Violence Act Defines Who Is a Victim

Although many automatically assume that victims of domestic violence suffer at the hands of their intimate partners, there are actually many classes of individuals who can be defined as domestic violence victims. Under the Act, individuals who have any of the following types of relationship with their abusers are considered to be victims of domestic violence:

• Current or former spouses;

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