Posted on July 27, 2016 in Child Support

Child support is important for parents' and children's financial stability, but sometimes, the payor parent fails to make payments. In Illinois, the custodial parent has several enforcement options. The parent may garnish the nonpaying parent's wages, seek contempt charges in court or seek driver's license suspension. Parents also have other options for enforcement through the courts or by reporting the nonpayment to Child Support Services.

Liens

Since a child support order is a Court Order, unpaid child support judgments may be enforced by the same methods as any other judgment. The Court may place a lien on the delinquent parent's bank accounts; real estate; cars; lawsuit settlements, including workers' compensation claims or other assets. If the parent does not pay the child support amount, the sheriff may seize the parent's property, sell it and pay the custodial parent out of the proceeds.

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 Posted on July 21, 2016 in Child Support

Every child in Illinois has the legal right to receive financial support from both parents. This responsibility does not end simply because parents divorce or separate. The payment of child support can be extremely important for a child's or parent's financial stability, but sometimes, the payor parent fails to make payments. In Illinois, the custodial parent has several enforcement options.

Garnishing Wages

If a parent wants to enforce a child support order without going to court, he or she may send a Notice to Withhold Income for Support both to the parent and to the parent's employer. The parent's wages will be garnished, and the child support will be paid directly out of the parent's paycheck. Sometimes, however, the parents have previously agreed not to pursue income withholding, and this option is not available. Fortunately, several other enforcement methods are possible in Illinois.

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 Posted on July 13, 2016 in Child Support

Calculating child support is one of the most important aspects of a custody case, as the result has the significant likelihood of affecting a child's life for years to come. Often, a change in one of the parents' financial circumstances, such as a new employment opportunity, requires courts to reevaluate that person's monetary contribution. In a recently issued opinion, an Illinois Court of Appeals clarified what constitutes a material change in circumstances such that child support must be modified.

In re Marriage of Fortner

In 2002, Rob Fortner and Shelley S. Scanlan were married and subsequently had a child. In 2003, the couple separated, and an Illinois court ordered that Mr. Fortner pay $313.11 a month in child support. In 2014, Mr. Fortner successfully brought a wrongful death claim against the hospital that treated his father during a fatal heart attack. After deductions for attorney's fees and other costs of litigation, Mr. Fortner received $169,725.48. Ms. Scanlan then filed a motion to modify child support based on Mr. Fortner's changed circumstances, although Mr. Fortner argued that the settlement did not constitute increased income for purposes of child support allocation.

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 Posted on July 08, 2016 in Divorce

Divorces can be contentious. The end of a marriage means separating two lives and involves many major decisions, from spousal and child support to property division. There are plenty of issues on which spouses can disagree, but when a divorcing couple can reach a compromise on as much as possible, they can save significant amounts of time and money.

Uncontested Divorce

An uncontested divorce means that the spouses reached an agreement on all the issues before beginning the divorce process, including property division, alimony, child support, child custody and parenting time. Uncontested divorces are both simpler and faster than contested divorces.

One main benefit of an uncontested divorce is that the spouses can reach a mutually acceptable agreement. Rarely will a divorce settlement be ideal for either spouse, but the spouses in an uncontested divorce retain control over the outcome, unlike in a contested divorce, where the issues are settled by a judge.

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 Posted on June 24, 2016 in Division of Property

When a couple dissolves their marriage, all marital property, including both assets and liabilities, must be allocated between the spouses. Dividing marital debt is a similar process to dividing assets; however, there are unique issues that come with apportioning debt in a divorce.

Equitable Distribution

The best and simplest solutions are when spouses are able to either pay off their debt or collectively divide their debt before filing for divorce. However, these options are not always possible, and the Court may need to split the marital debt.

When dividing debt in divorce, Courts use the principles of equitable distribution. Hence, the debt is divided fairly, if not equally. Courts take into account factors including:

• Each spouse's financial circumstances such as assets and earning potential;
• The duration of the marriage;

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 Posted on June 10, 2016 in Child Support

Child support determinations can be filled with tension, and the amount of support is often hotly contested. Child support calculations in Illinois are based on each parent's earnings, and sometimes, one parent tries to evade responsibility for support payments by hiding income.

Imputing Income

If the judge in a child support proceeding suspects that one parent is trying to avoid paying child support, Illinois law has a mechanism to ensure fairness — imputing income. When a Court imputes income, a parent is assigned a higher income for purposes of calculating child support. This action is appropriate when there is doubt as to the accuracy of the parent's reported income and evidence shows that the parent is or could be earning more than reported.

There are several reasons to impute income in Illinois. Imputing income may be appropriate when a parent conceals or fails to report his or her earnings, or when the parent is voluntarily unemployed or underemployed.

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 Posted on June 03, 2016 in Family Law

Social media is a useful tool with widespread use. However, social media use means that privacy has changed as well. We often do not fully consider the implications of what we post online and may expose too much information to the outside world.

Social media use can create tension in a marriage and may additionally affect family law issues such as divorce, custody proceedings and spousal or child support issues.

Social Media Evidence

Courts are increasingly allowing social media posts to be used as evidence in family law cases. Facebook, Instagram, Twitter, Vine and Snapchat posts and photos can reveal cheating, substance abuse and other issues that can affect legal outcomes. Foursquare and Yelp can show a user's whereabouts with location check-ins. LinkedIn may disclose information about one's employment, including income and bonuses.

Child and Spousal Support and Property Distribution

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 Posted on May 27, 2016 in Spousal Support

Unfortunately, in some divorces, one or both parties may attempt to hide or misrepresent their assets from the other. However, the recently passed Illinois Marriage and Dissolution of Marriage Act now makes the attempt to provide false information on a financial affidavit punishable by financial sanctions and attorney's fee awards.

Financial Affidavits

During a divorce, either party is permitted to submit a petition for temporary maintenance or temporary child support. Maintenance is a set payment that may be paid in one or more installments and is intended to help the petitioning party pay necessary expenses and living costs.

The petitioning party must include a financial affidavit that sets forth information about his or her assets and income, which must also be supported by specific documentary evidence, including:

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 Posted on May 20, 2016 in Child Custody

The stresses of military deployments can lead struggling couples to begin the process of divorce and custody proceedings while one party is still overseas. However, a federal law, the Servicemember's Civil Relief Act (SCRA), provides some protection to members of the military who are at a disadvantage in asserting custody rights due to physical distance.

SCRA

Under the Servicemember's Civil Relief Act, judges are permitted to grant a stay of custody when a military member's participation in the proceedings is materially affected by his or her service. In fact, stays are mandatory for 90 days after deployment if certain conditions are met, including the submission of:

• A communication containing facts that support a service member's assertion that current military duty requirements materially affect his or her ability to appear at custody proceedings and that confirm a date when he or she will be available to appear; and

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 Posted on May 17, 2016 in Family Law

Four area students receive the 3rd Annual Scholarships for College-Bound Chicagoland Powered by the Law Office of Nicholas W. Richardson, P.C.

This month, the 3rd Annual Scholarships for College-Bound Chicagoland Powered by the Law Office of Nicholas W. Richardson, P.C., were awarded to four area high school students. Applicants highlighted one issue facing today's society and outlined a possible solution.

Congrats to the winners listed below, along with the issue highlighted:

• Jessica D'Souza, Schaumburg High School, Corruption in the American Patent System
• Evan Johnson, Central High School, Racial Profiling by Police Officers
• Josh Seidman, Fremd High School, Minimum Wage
• Karolina Skarzynska, Schaumburg High School, Private Prisons.

Each $250 scholarship helps these high school seniors in Chicago's Northwest Suburbs with expenses related to their education, including college, nursing, business, trade, technical training and other similar programs, and can be used for any related expense.

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