Posted on March 28, 2017 in Domestic Violence

In salons throughout Illinois, hairdressers and stylists have heard it all. They are privy to some of the personal details of their clients’ lives. The intimate relationships they develop with their clients allows many stylists insider information about marriages that may be failing, sexual indiscretions, and other juicy gossip. Due to the nature of their jobs—and the close physical proximity to their clients’ bodies—beauty technicians are often among the first “outsiders” to suspect issues of domestic violence. In some cases, the client may even flat-out say it. Thanks to a new law, stylists and beauticians will soon have the training and tools to help those who have been victimized.

Licensing Requirements

The new law, which went into effect on January 1, 2017, amended the existing statute regarding licensing for barbers, hairstylists, nail technicians, and other beauty professionals. To obtain or renew their state certification, individuals will be required to participate in an “awareness and education” program focused on preventing and identifying domestic abuse. The program was developed specifically for beauty professionals does not purport to make trainees experts on domestic violence. Instead, the program’s goals are to help stylists recognize the signs of domestic abuse and to provide resources to clients who ask for help.

Continue Reading ››

 Posted on March 23, 2017 in Child Custody

Child relocation is often a touchy subject, especially when parents have already been through an acrimonious divorce. Even when the child already lives with one parent the majority of the time, that parent cannot simply pack up and move the child to another state. Instead, the parent seeking child relocation must seek the other parent’s approval. Failing that, the parent looking to move must file a petition with the court, which the other parent has the right to contest.

Looking Out for the Best Interests of the Child

So how does a court decide whether to permit a child relocation? Illinois law says the paramount concern is always the “best interest” of the child. To help determine this, a judge may look at a number of factors, including the “history and quality of each parent's relationship with the child,” how well the parents have complied with their existing parenting plan, whether the child will have better “educational opportunities” at the new location, and the “presence or absence of extended” family at the new location versus their current residence.

Continue Reading ››

 Posted on March 21, 2017 in Child Support

Illinois courts weigh a number of factors when allocating parental responsibilities—previously known as child custody—in divorce cases. The ultimate goal is promoting the best interests of the child. These factors include each parent's relative mental and physical health. For example, a judge may take into consideration a parent's alcohol or drug abuse when deciding who the child should live with.

If you have reason to suspect your ex-spouse or co-parent is unable to properly care for your child due to substance abuse, it is important to bring your concerns to the court's attention. You should not, however, make unfounded accusations without proof, nor should you assume that your personal experienced is a substitute for medical evidence.

Continue Reading ››

 Posted on March 16, 2017 in Divorce

When it comes to divorce, Illinois law defines marital property as any assets or debts that either spouse acquired during the marriage. Assets the spouse owned prior to marriage are generally considered separate, non-marital property. However, it is possible for separate property to be reclassified as marital property through a legal doctrine known as “transmutation.”

Court Refuses Husband's Request for Reimbursement of House Payment

What does transmutation involve exactly? Here's an illustration from a recent Illinois divorce case. A could divorced after 28 years of marriage. The couple owned a home that they purchased in 1999. The husband made a $20,000 down payment for the house, which represented the proceeds from the sale of various items personal property that he owned prior to his marriage.

Continue Reading ››

 Posted on March 14, 2017 in Alimony/Spousal Support

Long-term spousal maintenance, or alimony, is designed to help a spouse who was in a lengthy marriage and is unable to earn an independent living following divorce. An Illinois court will consider a number of factors in deciding when and how much alimony to award. A judge may also subsequently modify an award if there is a change in financial circumstances.

For example, if the spouse receiving maintenance suddenly experiences an increase in his or her income, the court may reduce the ex-spouse's obligations. In this context, “income” can refer to any money received by the spouse. It does not necessarily mean taxable income as defined by the Internal Revenue Service.

Court Reduces Maintenance Due to Family Gifts

Consider a recent illustration of that point from an Illinois appeals court. Several years after his divorce became final, an ex-husband asked the court to either reduce or terminate his alimony obligations to his ex-wife due to a change in financial circumstances. The court, after its own review, agreed to a reduction, citing in part a series of “unexplained deposits” to the ex-wife's bank account totaling more than $72,000.

Continue Reading ››

 Posted on March 09, 2017 in Divorce

Stock options are among the trickier assets to deal with in a divorce. Unlike outright owning stock in a public company, which is easy to value based on market prices, stock options represent a right to purchase shares of a business at some future date. When one spouse has stock options as part of his or her compensation package, the other spouse may not be aware of these options or how they actually work.

Understanding Stock Options

The basic idea behind stock options is relatively simple in theory but can be rather complex in practice. For instance, assume an employer grants an employee the option to purchase 1,000 shares after the employee has worked at the company for five years. Once the option vests, the employee is guaranteed the right to purchase the option shares for a fixed price, regardless of their actual market value. So, if the options were granted at $5 per share, that is how much the employee would pay, even if the stock is now worth $30 per share.

Continue Reading ››

 Posted on March 07, 2017 in Divorce

A common concern in divorce cases is that one spouse may be hiding assets from the other. In the past, hiding assets might have involved stashing cash in a safety deposit box the other spouse does not know about or transferring an investment account into the name of another family member. In the digital age, however, there is another method an unscrupulous spouse might employ—using marital assets to purchase Bitcoins.

Hiding Money in Digital Wallets

You may have heard of Bitcoin and similar digital currencies without understanding exactly how they work. Essentially, Bitcoin is an independent financial network that allows individuals to send electronic payments to one another. These payments are expressed in units of “Bitcoins,” which are not physical currency but rather the product of a complex encryption algorithm. This is why Bitcoin is often called a “cryptocurrency.”

Continue Reading ››

 Posted on February 28, 2017 in Child Custody

Child custody disputes often provoke the most heated battles between parties. When it comes to allocating parental responsibilities, the best interests of the children sometimes take a back seat to the stress and anxiety of the parents. Especially when raised in the midst of an already contentious divorce, the resolution of parental responsibility issues may be delayed by weeks, months, or even years.

All of this can take a toll not only on parents and children but the courts as well. Next door to Illinois in South Bend, Indiana, a local newspaper recently reported on how much time family courts consume dealing with child custody disputes. The report indicated that statewide, Indiana courts take 39 minutes of a judge's time for “the average divorce case without children.” In contrast, if children are involved, the judge will spend nearly four times as long—259 minutes on average—dealing with the parties.

Continue Reading ››

 Posted on February 23, 2017 in Divorce

Nobody wants to be trapped in a failed marriage. Depending on where you live, however, getting a divorce may not be so easy. Consider a recent story from the United Kingdom where a 66-year-old woman is fighting in an appeals court to obtain a divorce. The woman previously told a family court judge in England that she has been “desperately unhappy in her marriage for many years” and there was “no prospect of reconciliation” with her estranged husband.

Despite that, the judge refused to grant a divorce, dismissing the wife's misery as routine complaints “of the kind to be expected in a marriage.” If the appeals court does not reverse the family judge's decision, the wife will have to live separate from her husband for a period of at least five years before she can finally receive a divorce.

Illinois Is a Pure “No-Fault” State

Continue Reading ››

 Posted on February 21, 2017 in Child Custody

Determining parental responsibilities (previously referred to as child custody) is often the most contentious issue in an Illinois divorce. It is common practice for a court to award one parent primary residential responsibilities while requiring consultation with the other parent over major decisions affecting the child's living arrangements, health care, education, and other matters. In many cases, the court will also direct each parent not to disparage the other to the children or take any action designed to interfere with their respective parent-child relationships.

Mother Loses Custody Due to False Allegations, Refusal to Seek Therapy

This is important because the court may reconsider and alter custody arrangements if one parent actively tries to undermine the other. In extreme cases, the court may transfer sole decision-making authority from one parent to the other. A recent case from Cook County illustrates the type of circumstances where this can happen.

Continue Reading ››