Posted on December 00, 0000 in Main

Recently, the Illinois law governing child custody and visitation was changed to provide parents in a joint custody arrangement with an opportunity to spend more time with their child. Prior to the amendment, unless otherwise agreed, a parent who had to arrange for childcare during his or her custodial parenting time had no obligation to notify the other parent of the opportunity to care for the child. However, this change to the law now requires a parent, who needs childcare for a significant period of time during his or her arranged parenting time, to first contact the other parent to see if he or she is able to take the child at that time.

Right of First Refusal

The right of first refusal, as the new provision is called, may be granted to one or both parents in a joint custody arrangement by a judge in his or her discretion. As with most other issues surrounding child custody and visitation, a judge arrives at the decision to grant or deny the right of first refusal by considering the best interests of the child. The law recognizes that it is in the best interest of the child to spend as much time as possible with a parent, instead of a child care provider. The only exception to this right being triggered is in cases of emergency. However, when one parent has advanced notice of needing childcare, he or she has to inform the other parent first.

Continue Reading ››

 Posted on December 00, 0000 in Main

When a parent goes through a divorce and later remarries, he or she may have concerns about how the new family will impact support obligations to the old family and vice versa. Questions may arise regarding whether new children will affect earlier child support orders and if a new spouse's income will be used to increase child support payments. The attorneys at MKFM Law can help answer these questions.

Child Support Modifications in Illinois

In Illinois a parent can be ordered to pay child support with a minimum payment amount calculated according to guidelines set by law. Illinois judges must follow the guidelines, unless circumstances exist which would allow the court to deviate from the guidelines to award greater or lesser amounts in child support. Two factors judges may consider when deviating from the guidelines are the financial resources and needs of both the custodial and non-custodial parents.

Continue Reading ››

 Posted on December 00, 0000 in Main

When married couples split on bad terms, one or both spouses may try to gain an upper hand by taking money from the couple's bank accounts for their own purpose. While this may feel satisfying for a while, a court will factor the taking of funds in this manner when later dividing the marital assets.

Dissipation of Marital Assets

The taking of marital funds or other marital assets by one spouse for his or her, own personal use, unrelated to the marriage, during a divorce or legal separation, is referred to as dissipation of marital assets. For example, if a spouse is spending marital funds to support a paramour, this would be considered dissipation of marital assets.

Under Illinois law, when a court is dividing marital assets, the judge cannot consider any marital misconduct. It can, however, consider a spouse's dissipation of marital funds. When a spouse is accused of dissipation, he or she has the burden of proof to show how the funds were used. To meet this burden, the spouse accused of dissipation needs to have very detailed records of how the money was spent and must show that the expenses were incurred for the benefit of or related to the marriage.

Continue Reading ››

 Posted on December 00, 0000 in Main

Parents have a legal duty to support their children. This duty includes providing for each child's educational, physical, mental, and emotional health needs. Therefore, when spouses divorce and a parent is ordered to pay child support, the payments are meant to meet these needs until each child reaches 18 years of age or graduation from high school, whichever occurs later. However, under various circumstances, the requirement for support may be extended. With respect to monthly child support, Illinois law requires that if a child has not graduated from high school when he or she reaches the age of 18, a parent's obligation to pay support can be extended until the child reaches 19 years of age.

In Illinois, child support orders are supposed to include a date indicating when payments will end. The support termination date cannot occur before a child reaches 18 years of age. Essentially, this rule is set to ensure parents financially provide for each minor child who may not otherwise be able to provide for themselves. However, if a child is emancipated before his or her eighteenth birthday, or before completing high school, a court may change or modify the existing support termination date.

Continue Reading ››

 Posted on December 00, 0000 in Main

The process of legally ending a marriage can take longer than most people expect. Additionally, life and all of its expenses continue while a divorce is pending. Illinois law provides for temporary relief. Spouses going through a divorce can seek temporary custody, temporary child support, and temporary spousal maintenance in order to address these issues while waiting for a judgment of divorce.

If a couple is married and have children together, both parents have parenting rights under the law. Therefore, in a divorce, each parent could move for temporary custody. Usually, the parent who is the primary caregiver wants the children to stay with him or her while the divorce is pending and while the court decides matters of final custody.

Similarly, a spouse who was primarily dependent on the other for monetary support may seek temporary child support and spousal support to ensure he or she can continue paying the bills during the divorce process. Petitions for temporary relief are usually made shortly after filing the initial petition for divorce.

Continue Reading ››

 Posted on December 00, 0000 in Main

When a married couple decides to divorce, it may come as a shock to one spouse when the court rules his or her non-marital property has actually been converted to marital property, and it is therefore subject to equitable division. In fact, the transmutation of non-marital assets into martial assets can happen by accident by either party.

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) identifies non-marital property as the following:

• Property acquired by gift, legacy or descent;
• Property acquired in exchange for other non-marital property;
• Property acquired by a spouse after a judgment of legal separation;
• Property both spouses agree is non-marital property;
• Property acquired through a judgment awarded to a spouse from the other spouse;

Continue Reading ››

 Posted on December 00, 0000 in Main

When parents decide to divorce or separate, they are faced with several issues—especially when determining what is best for their children. One issue may be determining which religion their children will follow if the parents have different religious beliefs. Depending on the level of the parents' ability to cooperate with each other after the divorce, the issue of religion can be a simple compromise or a drawn out conflict.

Parents can always come together to make decisions as to which religion the children will follow. Under Illinois law, the agreement the parents enter into can specify a parent's powers, rights, and responsibilities for the religious training of the children. If parents agree to a religion, and present the court with the agreement in a parenting plan, the court is likely to enforce it.

Continue Reading ››

 Posted on December 00, 0000 in Main

Advances in science have given couples great opportunities to overcome fertility issues, and in other cases, opportunities to preserve their chances of having children by freezing embryos. However, when a couple decides to have a child, either through surrogacy or by preserving embryos for future use, they need to consider the consequences of those decisions in the event of a divorce or separation.

Frozen Embryos

There is not a specific Illinois law or court case that outlines what happens to embryos when parents divorce or separate. In fact, this is a question that an Illinois Appellate Court will soon rule; a prospective father wants to stop a prospective mother from using embryos without his consent.

If a couple has a specific agreement as to how embryos are to be used after a separation, courts may follow it. However, in the event that a couple decides one parent can use embryos to have children, they cannot just make an agreement among themselves as to future visitation and child support. They will additionally need judicial approval on any agreements.

Continue Reading ››

 Posted on December 00, 0000 in Main

Court ordered child support is very helpful to a parent who is primarily raising a child; unfortunately, not all parents fully comply with their obligation to pay the ordered amount. According to one statistic, Illinois children were once owed $3 billion in unpaid back child support. When the money cannot be collected, it can be very frustrating for a parent who depends on these funds to help with their child's daily needs.

Collecting Child Support through Wage Garnishment

In Illinois, one of the primary ways in which child support is collected is through wage garnishment. Under Illinois law, an employer can withhold money from an employee's check if an employee has been ordered by a court to pay child support. The money is then sent to the Illinois State Disbursement Unit for distribution to the parent with a child support order.

Continue Reading ››

 Posted on December 00, 0000 in Main

What can a parent do if he or she believes a former spouse is acting in a manner that is harmful to their child during visitation? Moreover, what if the court orders visitation but a parent is reluctant to take his or her child to the former spouse's home due to certain individuals residing in the home?

In some cases, custodial parents may find themselves concerned about the kind of environment their child may be in when they visit the other parent. A concerned parent may want to protect their child and request supervised visitation. However, it is not always simple to have the court order supervised visitation, and a parent requesting such visitation would have to show by clear and convincing evidence certain factors in order to prevail.

Visitation and Illinois Law

Illinois law generally allows a non-custodial parent reasonable visitation rights unless the court finds, after a hearing, that visitation would seriously endanger a child's physical, mental, moral or emotional health. The court also has the right to modify an existing visitation order as necessary. The serious endangerment prerequisite is a strict requirement because Illinois courts generally prefer to foster a parent-child relationship whenever possible.

Continue Reading ››