Posted on April 08, 2016 in Divorce

Most divorces require a division of assets and perhaps a determination of parental responsibility, if the couple has any children. However, another increasingly contentious issue is how to decide who will retain ownership of any shared pets. A recently published opinion from an Illinois Appellate Court helps resolve the issue of what role Courts have in post-divorce pet visitation decision making.

The Trial

In August 2012, Kimberly Enders filed a petition to dissolve her marriage to Michael Baker, which was followed, a few months later, by Mr. Baker's motion seeking visitation of the couple's two dogs. Mr. Baker argued that when the couple separated they agreed that the two would share joint custody of the dogs, although Ms. Enders had refused to hold up her end of the agreement. The Trial Court granted Mr. Baker temporary visitation rights on alternate weekends. In July 2014, the Trial Court awarded sole “custody” of the dogs to Ms. Enders and denied Mr. Baker any right to visitation.

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 Posted on March 16, 2016 in Child Custody

​After disturbing reports hit the media discussing the abuse and neglect of numerous children who had been taken out of their parents' custody and placed in the Illinois Department of Children and Family Services (DCFS), the state legislature quickly devised a series of new laws meant to improve the monitoring of child care facilities across the state.

Senate Bill 13 revised the duties and membership requirements of the Family Service's Advisory Council, a group previously put in place to oversee DCFS licensed child care facilities, in efforts to increase accountability and prevent incidences of abuse from going unreported.

Advisory Council Membership

The new law changed the number of members who sit on the Children and Family Services Advisory Council from 17 to 21, all of whom are to serve four-year terms. Furthermore, all members must now be appointed by the governor rather than by the council itself. While the council largely acts independently, DCFS can still participate in its business by sending individuals with specialized expertise to assist with specific tasks. Additionally, the council is required to include among its members at least one youth from each of DCFS's regional youth advisory boards. Finally, at least two adults who are former wards of the state must be admitted to the board.

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 Posted on March 09, 2016 in Family Law

Illinois law provides guidelines that the Department of Children and Family Services must follow when placing children in either temporary or permanent homes. The most important qualification is that the placement be in the best interests of each child. However, a new law ensures that family members retain certain rights concerning foster care arrangements.

Current Law

The Illinois Department of Children and Family Services (DCFS) is given discretion in determining what type of environment is in each child's best interest and making a placement based on that information; however, DCFS is still required to place a child, when appropriate, in the custody of certain individuals, including:

• A relative, if he or she is able to and will continue to be able to provide for the child's welfare;
• The child's siblings, unless such a placement is not in the child's best interest, in which case the Department should still consider a placement that is likely to develop sibling relationships; and

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 Posted on February 15, 2016 in Spousal Support

In some marriages, one spouse is primarily dependent on the other for monetary support. This can lead to troubling consequences in the event that a couple decides to pursue a divorce. However, in such circumstances, dependent spouses can seek temporary support to ensure that they will be able to financially support themselves or their children during the period of time in which divorce proceedings are pending — a process that could take months or even years. Revisions to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), which went into effect January 1, changed some of the procedural requirements for obtaining such temporary support.

Temporary Support

In order to receive an order of temporary support, a party must submit a petition and provide an affidavit containing the factual basis for the relief requested. The financial affidavit must be supported at the time of its submission by documentary evidence including:

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 Posted on February 01, 2016 in Child Custody

In any divorce with minor children, or in any case involving time-sharing with a minor, Illinois law requires that the parents implement a parenting plan. Parenting plans are documents outlining parenting time and decision-making responsibilities. Moreover, parenting plans are designed to ensure that both parents have the opportunity to foster relationships with their children and share in childrearing.

What Do Parenting Plans Include?

Parenting plans deal with parenting time and decision-making. At a minimum, parenting plans in Illinois must include provisions addressing the following:

• The child's living arrangements, parental visitation schedules and contact schedules;
• An allocation of decision-making authority regarding matters such as education, religion, health care and extracurricular activities;
• Mediation requirements in the event that the parents want to alter the allocation of parenting time or parental responsibilities;

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 Posted on January 25, 2016 in Marital Property

A home can be the most valuable asset a couple owns. Moreover, spouses may also have emotional ties to the marital home. In a divorce, determining who gets the couple's home, or whether to sell it, is one of the most important considerations.

Equitable Distribution

In an Illinois divorce, a couple's marital property is divided under the principles of equitable distribution. This means that the division will be fair, although not necessarily equal. Since only marital property is divided, a house is often subject to division, but not always.

If the home was purchased before the marriage, the property will generally be separate property and will not be divided in a divorce. However, if a home is titled in both spouses' names, or was purchased during the marriage, then the home is considered marital property and is subject to division. If a house was purchased with both marital and separate property, then the spouse contributing the separate property may have a right to reimbursement for that amount.

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 Posted on January 11, 2016 in Collaborative Law

Divorces are often contentious proceedings. Disputes regarding important issues such as property division, child custody and support payments can be exacerbated by the litigation process. Collaborative divorce, however, is an alternative to a traditional litigated divorce. In a collaborative divorce, the spouses do not go to Court to resolve issues. Instead, with the help of a lawyer trained in collaborative law, the spouses come to an agreement with each other about the terms of the divorce. Then they go to Court to finalize the dissolution.

Process

In Illinois, no statutes govern the collaborative divorce process. In a collaborative divorce, each spouse retains his or her own lawyer. The spouses agree to work together in good faith to resolve the issues associated with their divorce and to honestly disclose all pertinent information. They meet together, with their lawyers, to discuss the issues and reach an agreement.

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 Posted on January 05, 2016 in Children of Divorce

Thinking about a divorce or separation? If children are involved, one of the most important considerations is protecting the children from the stress and turmoil of the divorce and ensuring that their interests are represented. Generally, children benefit from both parents involvement in their lives and good relationships with both parents. However, sometimes in a custody dispute, one parent harms the children's relationship with the other parent.

Alienation

Parental alienation occurs when a divorced or separated parent tries to turn the children against the other parent. This may include:

• Disparaging the other parent to the children;
• Telling lies about the other parent;
• Failing to cooperate with visitation;
• Using Manipulative actions;
• Forcing the child to choose between his or her parents;
• Limiting or withholding contact with the other parent, or threatening to do so; or

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 Posted on December 22, 2015 in Child Support

In Illinois, Courts have discretion to include, as part of a child support order, a requirement that parents contribute toward post-secondary education expenses of their non-minor children. Historically, the guidelines for determining whether such support could be required were vague and confusing. The passage of the Family Law Reform Bill addresses these concerns by creating a new protocol for determining when non-minor support is appropriate.

Existing Law

The current version of the Illinois Marriage and Dissolution of Marriage Act allows a Court to order educational support for a child, including college or professional training expenses, as part of a custody agreement. Previously, Courts were only instructed to consider the following when making their determination:

• The financial resources of each parent and of the child;
• The standard of living established prior to the parents' divorce; and

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 Posted on December 08, 2015 in Family Law

After a divorce, alimony is important to the economic well-being of many spouses. However, sometimes, a spouse's circumstances change and an alimony award is no longer appropriate. Fortunately, Illinois law provides that an alimony award may be modified or terminated in certain cases.

Modification

To modify an alimony award in Illinois, a spouse must demonstrate a substantial change in circumstances that warrants modification. In determining whether a substantial change in circumstances has occurred, the Court must review the factors initially considered in making the award, along with additional factors, including:

• Any change in either spouse's employment status or income;
• The payee spouse's efforts to become self-supporting;
• Any impairment of either spouse's earning capacity;
• The tax consequences of alimony payments;

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