The child's father dropped the child off with the mother per the child custody arrangement. When he came to pick the child up several days later, he found the mother's apartment empty and an eviction notice posted on the door.
]]> Federal marshals and local authorities searched for her. The woman, however, ultimately turned herself in on charges of interfering with child custody.At her bail hearing, a court set her bail at $25,000. If the woman is found guilty she could be sentenced to over a decade in jail as well as more than $20,000 in fines. She has also been ordered to have no contact with the child and father.
Illinois parents looking to relocate with their kids should not follow the woman's lead. Instead, they should follow the ensuing steps. First, talk to your co-parent. If you can get express consent to move with the child as well as a proposed visitation schedule, that is best. Generally, the visitation schedule should include significant time during holidays, spring break and the summer months to make up for the lack of day-to-day visitation.
You may also want to modify child custody so that the parent who relocates with the child has authority to make decisions regarding the child's health, education and the like.
Often though the parents will not be able to agree on a relocation plan. In that case, you will have to go to court. If so, the court will consider a variety of factors, but the overarching principle behind those factors is what would be in the best interests of the child.
Source: The Post Crescent, "$25,000 bail set for former Fox Cities woman in child custody," Jim Collar, May 3, 2013
]]>For example, many parents begin saving for college when children are born or early in their development. For some, this means opening a 529 plan - an investment account for college or other higher level education - and reaping its tax advantages while setting aside money for later use. However, when parents decide to divorce, one of the hidden issues that will have to be addressed is how to deal with such accounts.
]]> One option would be to freeze the account during the divorce process, which would prevent the owners, which may include both spouses, from withdrawing money and protecting the investment. Once this is done, the parties or the judge has the option of splitting the existing plan into two separate ones each controlled individually by one parent. If this occurs, it can be helpful to have an agreement over who is to invest what into the accounts to ensure funds are there when it comes time to pay for education. A final consideration may be how to deal with any remaining money.In divorce, there are many issues that will need to be discussed, and not all could be considered obvious from the outset. Like any 529 plans, other assets or issues such as child support can come up and may feel overwhelming for those going through the divorce process. Luckily, those facing such a situation here in McHenry County can work with an experienced attorney to help ensure the full picture is known and all issues are properly addressed so that all parties can move on in the best possible position.
Source: US News and World Report, "Discuss College Savings During Divorce Process," Reyna Gobel, April 29, 2013
]]>Regardless of what the U.S. Supreme Court decides to do in the civil union cases currently before it, Illinois is poised to do away with the distinction. To do that, the legislature will need to pass the marriage equality bill.
]]> Until that happens, however, Illinois same-sex partners need to recognize and prepare for the special issues that arise in a domestic partnership. Indeed, because of their unique status, domestic partners need to take even more care than traditional couples.One step in that process is drafting a partnership agreement. The agreement helps unmarried couples to protect their rights and interests by spelling out each partner's responsibilities. As part of creating the agreement, the couple may need to put both partners' names on key documents such as titles to cars or a home. They should also consider putting into writing what will happen if the couple breaks up, which is similar to a prenuptial agreement.
From there, the couple should think about drafting estate planning and administration documents. This is even more important for same-sex couples because they do not benefit from the same presumptions as married couples. As a result, they need to take special care in saying what they want to happen when they die or become incapacitated.
By taking a moment to draft these documents before problems happen, Illinois same-sex couples can do much to minimize problems in the future. As the saying goes, an ounce of prevention is worth a pound of cure.
Source: Chicago Tribune, "'I do' to marriage equality," Lisa Madigan, April 24, 2013
]]>A proposed Illinois bill is a product of four years of hearings by the bipartisan Family Law Study Committee and would result in numerous changes to the current laws. For example, it would abolish the need to establish grounds for a divorce and require divorce judgments to typically be issued within 60 days. It would prevent "home-wrecking" lawsuits, which historically went after the ex-spouse's lover or new fiancé for causing the marriage to collapse.
]]> The proposal did not just seek to update Illinois divorce law. It also aims to reform child custody as well. For instance, it would set child support by looking at income of each parent as well as the amount of time each parent spent with the child. It would also permit that children spend at least 35 percent of their time with each parent, although this is not mandated. This provision would enable children, for example, to take long weekends with the non-custodial parent. And, finally, the bill would grant non-custodial parents unique decision-making rights.While this bill seeks approval, people getting divorced in Illinois can do several things to make their divorce easier, with or without the new bill. For example, while it may be hard, being reasonable and cooperative with the soon-to-be-ex could help facilitate the divorce and reduce the chances of disputes and complex issues. Reasonable compromise produces better results almost every time. Although it might be tempting to hide assets, it is important to disclose all assets and property.
Being honest and upfront in the divorce process is crucial. Creating problems will only lead to more disputes and could lengthen the divorce process.
Source: CBS Local, "Illinois House Considers Changes to Divorce Laws," April 15, 2013
]]>Currently under Illinois law, a woman who is raped and ultimately gets pregnant can attempt to have the alleged rapist's visitation and custody rights limited, so long as that rapist is criminally convicted of the rape.
]]> But proponents of the measure think this is not enough, because current law only applies to rapists convicted of the crime. They find it shocking that a woman might have to win a custody battle against the person who raped them. The measure would no longer require a conviction. Instead, clear and convincing evidence of a rape would be enough to restrict a father's visitation or custody rights for pregnancies conceived via sexual abuse or assault.Worse, in some of those cases, the rapist is simply using a visitation and custody battle as a bargaining chip in their rape cases. They agree to not press forward for visitation and custody rights if the woman drops the rape charges. That can lead to lengthy and stressful litigation if the woman does not cave to the rapist's demands.
Proponents also highlighted that this is a bigger problem than people realize. In fact, statistics indicate that at least 25,000 rape-related pregnancies happen per year.
The measure passed the Illinois House 111-0. Next up is the Illinois Senate, which will debate the measure soon.
If passed, the law may help women who are in the unfortunate position of conceiving a child through rape and then later blackmailed into not pressing charges or dropping already-filed charges to avoid having to share custody of the child with the man who raped her.
Source: CBS Local, "Bill Would Help Women Avoid Custody Battles with Alleged Rapists," April 11, 2013
]]>The man, who ran a struggling bodega, fathered five children and owed roughly $30,000 in unpaid child support. After winning, the man put the bodega up for sale and went to court to resolve that debt.
]]> But he apparently had other plans as well, because he told the judge that his children would start living with him. The children's mother did not participate in the proceeding, however, so it is unclear what will happen next with the children's child custody arrangement.The man's good fortune enabled him to escape from a troubling situation, but Illinoisans cannot rely on a stroke of luck to help them address burdensome child support payments. Instead, they need to take action immediately. The longer they wait, the larger the bill since judges cannot forgive child support already owed. They can only reduce future obligations.
That action should start by talking with the other parent. If the two of you can come to agreement, that is usually cheaper and better for both parties.
The next step, if talking does not work, is to file a motion seeking modification of your child support order. To buttress the motion, document anything that shows you have gone through a significant change in life circumstances. That would include documents demonstrating, for example, that you lost or changed your job, had your income reduced or have major medical bills.
Source: Newsday, "Powerball winner, Pedro Quezada, pays $30G in child support," April 1, 2013
]]>While the importance of these issues is clear, how the Court will handle them is anything but. That, however, has not stopped pundits from guessing. These experts generally expect the Court to shy away from imposing a nationwide rule. Instead, the Court may prefer to simply strike down DOMA and affirm a lower court decision to invalidate Prop 8. Both would be victories, but not the home run some might have hoped for.
]]> Fortunately, while the Court likely will stop short of making same-sex marriage a right, many states continue to push forward. In fact, Illinois and a host of other states have legislative efforts to legalize same-sex marriage underway.Until each state fully recognizes same-sex marriage though, same-sex couples in Illinois need to take more care than traditional couples do. That is because they do not have the same estate planning protections as traditional couples.
To remedy that, same-sex couples should do four things. First, give your partner power of attorney to make important health care and financial decisions. Second, draft property planning documents. If you pass without one, your property will not go to your partner. Third, create a will or trust. This is doubly important for couples with children. Finally, have a life partnership agreement. A life partnership agreement spells out what happens in case your partner and you separate.
Source: Huffington Post, "Gay Marriage Debate To Continue After Supreme Court Rulings," David Crary, March 28, 2013
]]>The bill came into being after a father, who had been paying child support for 13 years, learned after taking a DNA test that he was not the child's biological father. The father initially declined to take a DNA test back in 2001. However, he did take a DNA test after meeting the child for the first time in 2011. His attempts to petition the courts to release him from his child support obligations failed, in part due to a two year statute of limitations. The bill, which the committee passed unanimously, would allow the man to stop paying child support so long as he agrees to take another court-ordered DNA test. The bill now awaits further action on the Senate floor.
]]> As this case demonstrates, establishing paternity is an important issue in determining any child support award. It is usually presumed that if the child is born to a married couple, then the husband is the child's biological father. In addition, a man may voluntarily sign a legal acknoledgement of paternity if he feels certain he is the child's father. However, in other circumstances courts may turn to a DNA test to determine whether a man is the child's biological parent. After establishing paternity, the courts may then call upon the father to make child support payments. In addition, the father may also have custody or visitation rights with his biological child.Child support can be essential for a child's well being. However, it is important for all involved that the person paying the child support is indeed the child's father.
Source: The News-Gazette, "Senate panel clears child-support bill," Tom Kacich, March 20, 2013
]]>Last Thursday a federal judge in Michigan put off a decision on the constitutionality of Michigan's same-sex marriage ban until two same-sex marriage cases currently before the United States Supreme Court are decided. The decision effectively put a hold on a very serious family law case currently before the court. The case involves same sex partners that want joint custody of three children that the women adopted separately. Michigan instituted a constitutional amendment to ban same-sex marriage in 2004.
]]> The questions currently before the U.S. Supreme Court, as well as many other lower courts, are about much more than politics. These debates are also about real life issues that effect real families on a day-to-day basis. For instance, true joint custody means that parents can share fully in both the physical and legal custody decisions regarding their children. Denying a couple that right, whether they are a same sex couple or a heterosexual couple, means that there are certain decisions and rights one parents is effectively denied.Understanding how state laws and federal laws concerning same-sex marriage affect a same-sex couple's legal rights can be difficult. Thus, it is important to speak with a qualified and experienced family law attorney when addressing such concerns. These issues are highly complex and highly volatile. Further, with so much litigation regarding the many legal issues involved in same sex marriage, including the federal and state constitutionality of same sex marriage bans, the laws are likely to change very quickly, meaning it will take experience to keep up with the law.
Source: USA Today, "Michigan judge delays decision on gay marriage ban," John Wisely, March 7, 2013
]]>First, anyone who divorced prior to January 1 should remember to file as a single person. This may be easy to forget for a person who is used to filing jointly, but it is a simple thing that can save money. But on the other hand, a newly single custodial parent should file as head of household, as this status provides even more advantages for a single person than does filing as single.
]]> Second, make sure to properly classify alimony payments. Alimony payments are generally deductible as a loss for the payor, the person paying, but they count as income for the payee, the person collecting. Moreover, do not confuse property settlements with alimony payments. Alimony is something that is paid for support on a regular basis after the end of a marriage. Property settlements are an equitable division of the property that was jointly owned by the couple during the marriage.Furthermore, the IRS strictly classifies some types of payments as alimony and other types as not. For example, alimony generally has to be money. The parties should discuss the manner of alimony payment and its potential tax consequences with an attorney when negotiating divorce terms.
Third, remember that child support payments are not deductable or taxable as income. While alimony may be deductable or taxable, depending on who is receiving and paying, child support payments should have no bearing on tax payments.
Source: Chicago Tribune, "Taxes and divorce: 6 tips for women," Kerry Hannon, Mar. 7, 2013.
]]>One reason for the increase is that baby boomers are aging and there are simply more older couples than there were 20 years ago. In addition, marriages are more likely than ever to contain two breadwinners, so concerns about the ability to support oneself in the event of a split are not as widespread as they used to be. Also, as people become less religious on average, they are less likely to stay together for purely religious reasons.
]]> Regardless of stresses such as stepchildren and more complicated healthcare decisions, people who were divorced in the past and who have since remarried are even more likely to get a divorce. One Illinois family law attorney believes that having gone through the experience before makes them less fearful of going through with leaving their partner. The attorney also noted that children leaving home may bring back the spark to some marriages, but other marriages may have continued in a large part due to the presence of children.Most importantly, older people going through divorce may have different legal needs than their younger counterparts. The ability to learn new skills and provide for oneself may be lesser amongst and older population, which can have implications for alimony and property division. Also, while older couples are more likely to own their own homes, this often means that they have a mortgage. The mortgage crisis has hit some of these couples especially hard, and the resulting financial issues can be an obstacle in a divorce.
Source: Chicago Tribune, "Post-50 divorce rate doubled in 20 years" Leslie Mann, Feb. 27 2013.
]]>One recent child custody dispute was so complex it took the United States Supreme Court to sort it out. The Supreme Court recently ruled in favor of an American father serving in the military whose 6-year-old daughter has been living with her mother in Scotland for three years. A lower court had dismissed the father's appeal, saying that the matter was beyond its jurisdiction, but the Supreme Court reversed that ruling.
]]> The Supreme Court's decision doesn't mean the dispute is over. The child is still in Scotland, and Chief Justice John Roberts noted that the Scottish courts could very well ignore the orders of U.S. courts.Few child custody disputes are as contentious as this one but when one parent moves it can often throw child custody and visitation arrangements into chaos. When one parent objects to the other's move - for instance, if the other parent is moving so far away that it will substantially interfere with visitation rights - the court may intervene. Each state has its own laws regarding relocation, but generally the laws of the state where the child's custody arrangement was written apply, and generally the court must make a decision based upon what it determines are in the best interests of the child.
One way to avoid or minimize this kind of dispute is for parents to plan for the possibility of relocation when determining their child custody agreement. Perhaps neither parent plans to move at the time that they are first arranging child custody, but it's always a good idea to prepare for that possibility as much as possible and at least include a provision of how the matter should be dealt with if it comes up later.
Source: Chicago Tribune, "Supreme Court rules for Army father in custody battle," Lawrence Hurley and Jonathan Stempel, Feb. 19, 2013
]]>The one Republican to vote for the bill hailed it as a step toward the government giving citizens the freedom to live their life as they choose. More and more Republicans are adopting this line of thinking, including the Illinois Republican Chairman Pat Brady, who framed the policy of allowing a same sex couple to marry as a civil rights issue. Many legislators are still against allowing gay marriage, though, on the basis of moral or religious grounds, or out of fear of how their constituents might react.
]]> Still, proponents of the bill had to make some changes to garner even the single Republican vote. Prior to taking it to the floor, supporters sought to allay some of their opponents' concerns by attaching an amendment that would prevent lawsuits against religious organizations that refuse to host gay marriage ceremonies.Illinois has already recognized civil unions between same-sex couples for two years, but civil unions do not carry all the rights and privileges that marriage does. Contractual life partner agreements in conjunction with civil unions can help lessen this gap to a great extent, but some rights, such as being able to file taxes jointly, remain obtainable only through marriage.
Although most of the Democratic senators voted for the bill, three voted against it and two merely voted "present." Two more Democrats did not attend the vote.
Source: ABC News, "Illinois Senate votes to legalize gay marriage," Sara Burnett, Feb. 14, 2013
]]>One of the key reasons behind the surge in divorce during the winter is because many couples want to wait until after the holidays. Having to spend money on buying presents and spending extra time with extended family can put an additional strain on a relationship -- thus pushing one or both partners over the line. In addition, couples with kids are often hesitant to announce their separation and risk ruining the holidays for their children.
]]> A couple may also want to get a divorce to keep from ruining the holidays for each other. The lower the tension involved in divorce proceedings, the better for all parties. Divorces are rarely amiable, but when partners treat each other with respect and take the other spouse's feelings into account, it can keep the anger over the divorce from unduly spilling over into conflicts relating to alimony, property division and child custody. Bitter divorce proceedings are not only more unpleasant, but also, they often last longer and are more costly.Another reason a person might want to wait until after the holidays to institute a divorce is because he or she has recently received his or her end of the year bonus. Feeling more financially secure helps individuals feel more comfortable in venturing out on their own.
Finally, some couples decide to postpone their divorce until the new year so that they can file taxes jointly. When a couple is married on January 1st, they are allowed to file taxes as if they are married in April -- whether or not they are still married at that time. However, in reality, any divorce begun towards the end of the year is highly unlikely to be complete by the time January 1st arrives, so waiting usually makes little difference in relation to taxes.
Source: wwlp.com, "February often most active month for divorce," Shannon Halligan, Feb. 4, 2013
]]>According to the couple, it is a mutual decision. They have not given any details on what has led to the divorce, and many in Illinois may be surprised at the news as the couple recently seemed to have enjoyed a happy anniversary in December. However, they say that they still have and will continue to maintain an amiable relationship.
]]> In any case, it looks as if Judd does not plan on the divorce keeping her down. The rumor is that Judd has been exploring a run for the senate at some point in the future.While Judd appears to be taking the divorce in stride, all divorces tend to be trying. For example, high asset divorces can be contentious because there is so much money and property on the line. Lower asset divorces in contrast can be difficult because there are too few resources to divide between the parties. Either way, there are ways to minimize the difficulty, especially if both spouses are willing to work with each other and come to a mutual agreement on how to proceed.
Another way to help ensure that a divorce goes as smoothly as possible is to plan for the worst before ever getting married in the first place. Few people, if any, expect that they will get someday get a divorce before their marriage even starts. However, the reality is that divorces happen. Entering into a prenuptial agreement can prevent arguments over things such as property division, alimony, and child custody.
Source: StarPulse, "Ashley Judd & Dario Franchetti 'Mutually Decide' to End Their 11-Year-Marriage," Jan. 30 2013
]]>