Posted on December 29, 2015 in Child Support

Enforcing a child support order when you and the supporting parent both live in the same state can be a hassle in and of itself. When the supporting parent moves to another state, the process can become even more confusing. Luckily, thanks to the standardization of child support laws throughout the country, states will typically assist you in enforcing a child support order issued by another state if the supporting parent is found to be located in that other state. Likewise, if you move after having been awarded child support and begin to reside in a new state, that new state will be able to assist you in enforcing your existing child support order.

Assistance with Enforcement May Not Necessarily Mean Assistance with Modification

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 Posted on December 23, 2015 in Divorce

As part of the Illinois divorce process, if a divorcing party is not able to resolve all of the pertinent divorce-related issues present in their case, the case will proceed to a “trial.” This is not like the trials you may see on popular television shows: this trial will be in front of the judge assigned to your case, and will not be heard by a jury. The only people that will be present will be the parties themselves, the attorneys for each of the parties, and any witnesses the parties intend on examining for the purpose of helping the court decide the unresolved issue(s). Although a divorce “trial” typically lasts much shorter than a civil or criminal trial that is to be decided by a jury, divorce trials can nonetheless be equally draining and costly. So how do you know when you should attempt to settle your divorce case and when you should proceed with a trial?

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 Posted on December 22, 2015 in Child Custody

Marriages in which the spouses come from different faith traditions are now more common than ever. When such a couple first marries, religious-themed conflicts are often low because either the couple does not place a high priority on observing their families’ religious practices or the couple is eager to learn about their spouse’s religious heritage. In the latter case, this may lead to one spouse adopting the faith and religious practices of his or her spouse. When that same couple divorces, however, any differences that exist between the spouses’ differing religious beliefs and practices can become more prominent, especially when that couple had a child. It would be common for the divorcing parents to fight vehemently for the right to determine the religious upbringing of the child and to keep the child from exposure to the other parent’s faith traditions. How does a court decide which parent gets to determine a child’s faith?

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 Posted on December 17, 2015 in Child Support

There are a number of myths circulating about child support in Illinois. Unfortunately, believing one of these myths can cause big legal headaches for you. Learn the truth about child support payments in Illinois:

Myth 1: I Can Send Child Support Payments Directly to the Other Parent

Facts: There are many reasons why it is a bad idea to send your child support payments directly to the other parent. First, if the other parent claims he or she never received your payment, the dispute will descend into a “he said/she said” situation that is difficult to win. Next, submitting your payment to the court (or the agency designated in the child support order) is the surest way to demonstrate to the court that you have satisfied your obligations. Finally, in some cases it may be illegal for the other parent to receive child support directly. In summation, only send your child support payments to the address listed on the order.

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 Posted on December 15, 2015 in Divorce

Lawyers often develop long-term professional relationships with their clients, especially when the attorney is only one of a handful of attorneys in the local area (as is often the case in rural parts of the state). The same attorney a young couple consults for advice during their first home purchase is likely to be the same attorney the couple goes to when looking to start a new business or when they need to establish and amend their estate plan. The trust and feelings of comfort that such a professional relationship engenders are not easily replaced. When the couple determines that their marriage is not salvageable and a divorce is needed, both spouses may run to the same attorney they have known and turned to for years. Not only may this attorney not be the best choice to handle their divorce, but ethical rules governing conflicts of interest may also prevent the attorney from representing either of the spouses during the divorce.

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 Posted on December 10, 2015 in Child Custody

The holiday season can sometimes be an especially stressful for children of divorced parents. Between holiday dinners and get-togethers, completing schoolwork that may be assigned over the winter break, and finding time to spend with friends, it is no wonder that some children may be reluctant to spend a weekend or longer with the nonresidential parent – especially if that parent lives hours away from the child’s home or if the child does not have a good relationship with the nonresidential parent. If your child refuses to spend time with the nonresidential parent when it is that parent’s scheduled parenting time, what options do you have as the residential parent?

Option 1: Negotiate with the Other Parent

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 Posted on December 08, 2015 in Mediation

In certain divorce cases, mediation can be a powerfully effective way for spouses to quickly and inexpensively resolve their differences in a divorce proceeding. Mediation is a form of alternative dispute resolution in which the divorcing parties sit down face-to-face with a mediator. The mediator is supposed to be a neutral third party who encourages the divorcing parties to dialogue about their differences in an attempt to find a mutually-agreeable resolution. Mediation can be used to resolve disputes concerning:

• Valuation of disputed marital assets;
• Property division and/or division of debt;
• Child custody and parenting time arrangements; and/or
• Other disputed issues.

Despite its cost-saving benefits, mediation comes with its drawbacks as well. The usefulness of a mediation session depends in large part on the mediator him- or herself. This is why it is important to choose your mediator wisely.

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 Posted on November 26, 2015 in Child Custody

Courtroom dramas on television and in the cinema often have as the climax of their stories the testimony from an experienced witness. This testimony “seals the deal” for one of the parties and makes a judgment in their favor inevitable. Whether it is the ballistics expert from the crime lab or the seasoned psychologist who provides the crucial insight into the killer’s mind, these courtroom shows can leave someone with the impression that the litigant who can present testimony from an expert has a distinct advantage over the other litigant in the courtroom. But is this assumption true?

Experts Help Judges and Juries Understand Specialized Information

It may surprise some people to learn that expert witnesses are not always permitted in every case. In most cases, an expert witness is only permitted to testify where there is some scientific or other complicated evidence that a normal individual with no specialized background or education would understand. The court will ultimately decide whether an expert witness is necessary in a given case.

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 Posted on November 24, 2015 in Child Custody

News outlets from across the country reported on the recent child custody decision in which the judge found a mother to be an abusive and neglectful parent and refused to allow her three children to be returned to her custody. The mother was convicted of child endangerment after she and her ex-boyfriend allegedly carried out a plot in 2003 that resulted in the deaths of the woman's three children that she had at the time. Attorneys for the woman had attempted to argue that the three children taken from the mother in the present case had not been the victims of abuse. The judge, however, did not accept that explanation and found that he did not have to wait for the children to be injured before removing them from her custody.

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 Posted on November 19, 2015 in Divorce

A personal injury accident can happen at any time and under a variety of circumstances. Neither single individuals or married couples are immune from the risk of being injured in a personal injury accident. Depending on the extent of the victim’s injuries and associated expenses, the victim can be awarded a substantial sum of money (sometimes called “damages” or a “compensation award”). These awards are meant to compensate the injury victim for medical bills, lost wages, and pain and suffering (amongst other losses). But will an Illinois divorce court order such an award to be divided if the victim and his or her spouse divorce? The answer: It depends.

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