If you fail to pay court-ordered child support in Illinois, the judge has a variety of options for holding you accountable. A judge can place you on probation, suspend your driver’s license, order community service or even sentence you to jail. You may be allowed to work at your job while living at the jail, but any money you earn may go directly to your child support arrearage.
But a new law gives the Court one further tool for dealing with non-payers who are self-employed or business owners. As of January 1, 2013, a Court may order you to provide monthly financial statements showing your expenses and income in order to determine exactly what you earn.
And while you may value your autonomy as a business owner, the court can force you to look for a job and show proof that you are doing so. You may have to keep a diary of all your search efforts. Finally, the Court can send you to the Department of Employment Security to apply for services to find work that is subject to child support withholding.
The new law applies whether child support was ordered in a paternity action, public aid proceeding or divorce.
As previously, the Court must still hold you in contempt for disobeying a child support order before enforcing any penalty. You must be given notice of the hearing about your alleged contempt by regular mail sent to your last known address. If you fail to appear at the hearing, the Judge will likely find you guilty and impose penalties in your absence.
If you have questions about child support issues, you should speak with an experienced family law attorney immediately. An experienced attorney can help present your case in its best possible light or perhaps help you work out an agreement in lieu of a contempt order. At this stage, a client should never try to represent themselves. Any reason you give for your delinquency may be just enough to convince the judge that you are guilty.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
Source:
http://www.ilga.gov/legislation/publicacts/97/097-1029.htm">
Wednesday, December 12, 2012
BE CAREFUL WHAT YOU WISH FOR!: NEW ILLINOIS COURT DECISION ENFORCES JOINT PARENTING AGREEMENTS
A Joint Parenting Agreement can be an excellent tool for settling disputes between spouses. The Agreement spells out each party’s rights and obligations, hopefully preventing a return visit before a Judge.
Nevertheless, an Agreement must be carefully drafted, or you might be forced into a situation that you later regret.
A recent Illinois Supreme Court decision held that a Joint Parenting Agreement is a contract and will be enforced, even if one party later changes their mind. In http://www.state.il.us/court/Opinions/SupremeCourt/2012/113474.pdf>In Re Marriage of Coulter</a> , a husband attempted to stop his wife from moving the children to Australia. The Joint Parenting Agreement, however, allowed the wife to do so. The husband argued that the Court had not determined whether the move was in the best interests of the children.
The Illinois Supreme Court disagreed. The Court reasoned that the Joint Parenting Agreement was a negotiated agreement, entered as part of the divorce judgment. The terms implied agreement had been reached regarding the best interests of the children. The Agreement would thus be enforced.
Does that mean you can never change a Joint Parenting Agreement once entered by the Court? Not completely. The Supreme Court held open the possibility that the husband could still modify an Agreement if there has been a change in circumstances. See our related blog at http://childcustodylawyerchicagoil.blogspot.com/2012/04/can-i-change-custody-of-my-child-after_24.html
The issue of parenting agreements can be extremely tricky with many land mines along the way. If you have questions about an agreement or other child custody issue, you should speak with an experienced family law attorney. An experienced attorney can help present your case in its best possible light.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
Nevertheless, an Agreement must be carefully drafted, or you might be forced into a situation that you later regret.
A recent Illinois Supreme Court decision held that a Joint Parenting Agreement is a contract and will be enforced, even if one party later changes their mind. In http://www.state.il.us/court/Opinions/SupremeCourt/2012/113474.pdf>In Re Marriage of Coulter</a> , a husband attempted to stop his wife from moving the children to Australia. The Joint Parenting Agreement, however, allowed the wife to do so. The husband argued that the Court had not determined whether the move was in the best interests of the children.
The Illinois Supreme Court disagreed. The Court reasoned that the Joint Parenting Agreement was a negotiated agreement, entered as part of the divorce judgment. The terms implied agreement had been reached regarding the best interests of the children. The Agreement would thus be enforced.
Does that mean you can never change a Joint Parenting Agreement once entered by the Court? Not completely. The Supreme Court held open the possibility that the husband could still modify an Agreement if there has been a change in circumstances. See our related blog at http://childcustodylawyerchicagoil.blogspot.com/2012/04/can-i-change-custody-of-my-child-after_24.html
The issue of parenting agreements can be extremely tricky with many land mines along the way. If you have questions about an agreement or other child custody issue, you should speak with an experienced family law attorney. An experienced attorney can help present your case in its best possible light.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
NEW ILLINOIS COURT DECISION EXTENDS CUSTODY RIGHTS TO NON-BIOLOGICAL PARENTS IN GAY/LESBIAN FAMILIES
An Illinois Appellate Court upheld the rights of non-biological parents who agree to the artificial insemination of their partner. Stating that every child has a right to support from their parents, the Court gave non-biological parents the right to seek custody and/or visitation.
Illinois law already provides that when a husband gives written consent to artificial insemination, the husband shall be treated as the natural father. (Illinois Parentage Act 750 ILCS 40/2). The new Court decision extends this right to lesbian or gay couples.
In http://www.state.il.us/court/opinions/AppellateCourt/2012/5thDistrict/5120176.pdf>In re T.P.S. and K.M.S</a>, Dee and Cathy agreed that they would have children through artificial insemination with Dee giving birth. Cathy did not try to adopt the couple’s children since the Williamson County Court would have likely rejected that request. Cathy quit her job and became the children’s primary caregiver. After the couple broke up, Dee kept the children away from Cathy. The lower court dismissed Cathy’s petition for parentage, custody, visitation and support without hearing evidence.
The Appeals Court overruled. Noting that recognizing parental responsibility serves the best interests of children and society, the Court examined whether children conceived by artificial insemination "are to be denied the physical, mental and emotional support of the non-biological parent who actively assisted in the decision and process of bringing them into the world." (In re T.P.S and K.M.S., p. 12.)
Because Illinois public policy requires courts to protect a child’s right to parental support, the Court held that Cathy’s custody petition should be heard.
The issue of child custody can be extremely tricky with many land mines along the way. If you have questions about child custody issues, you should speak with an experienced family law attorney. An experienced attorney can help present your case in its best possible light to allow you to have time with your child(ren).
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
Illinois law already provides that when a husband gives written consent to artificial insemination, the husband shall be treated as the natural father. (Illinois Parentage Act 750 ILCS 40/2). The new Court decision extends this right to lesbian or gay couples.
In http://www.state.il.us/court/opinions/AppellateCourt/2012/5thDistrict/5120176.pdf>In re T.P.S. and K.M.S</a>, Dee and Cathy agreed that they would have children through artificial insemination with Dee giving birth. Cathy did not try to adopt the couple’s children since the Williamson County Court would have likely rejected that request. Cathy quit her job and became the children’s primary caregiver. After the couple broke up, Dee kept the children away from Cathy. The lower court dismissed Cathy’s petition for parentage, custody, visitation and support without hearing evidence.
The Appeals Court overruled. Noting that recognizing parental responsibility serves the best interests of children and society, the Court examined whether children conceived by artificial insemination "are to be denied the physical, mental and emotional support of the non-biological parent who actively assisted in the decision and process of bringing them into the world." (In re T.P.S and K.M.S., p. 12.)
Because Illinois public policy requires courts to protect a child’s right to parental support, the Court held that Cathy’s custody petition should be heard.
The issue of child custody can be extremely tricky with many land mines along the way. If you have questions about child custody issues, you should speak with an experienced family law attorney. An experienced attorney can help present your case in its best possible light to allow you to have time with your child(ren).
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
“IS IT MINE OR IS IT OURS?”: MARITAL VS NONMARITAL PROPERTY IN ILLINOIS
When you got married, you didn’t think about signing a prenuptial agreement. Now that you are contemplating divorce, you are wondering whether the house you acquired before the marriage is still yours. And what about that nice inheritance from your aunt or the business you built up before your marriage? And your father certainly never intended for your spouse to get that savings account he set aside for you.
The determination of what is and isn’t marital property can be tricky in Illinois, but there are some basic guidelines.
Generally, all property acquired during a marriage is marital property regardless of who is on the title. For example, a home purchased during your marriage belongs to both spouses even if only one name is on the deed. Marital property includes pension benefits, stock options, earnings and property purchased after marriage.
But there are exceptions to the "All is presumed marital property" rule.
Any property owned before marriage or received through gift or inheritance remains yours alone, as long as you didn’t comingle it with other marital assets. If your individual property increases in value, that increase belongs solely to you. You can also designate individual property through an agreement such as a pre-nuptial. And once you are legally separated, any property you acquire afterwards is yours.
Property purchased after marriage belongs to both spouses, unless you can prove that you used individual property to acquire the new asset. In that case, a home you bought after marriage would remain individual property if, for example, you bought the home with the proceeds of your pre-marital home. Your pension benefits or stock options after marriage are also marital property unless they came from individual property, for example, a job you had before marriage.
You can turn individual property into marital property through comingling. For example, you and your spouse live in your pre-marital home. Your salary pays the mortgage and, thus, you are contributing marital funds to your individual property. If you instead rented the house, the rent and the home would likely remain your individual property.
If you mixed individual and marital assets to buy marital property, your individual contribution would now be considered marital property. And even if you keep your individual property, you might owe your spouse reimbursement if they contributed their personal efforts, such as by fixing up your old home.
All these rules can be changed by agreement, which is why you might consider a prenuptial agreement if you have sufficient individual property at stake.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
The determination of what is and isn’t marital property can be tricky in Illinois, but there are some basic guidelines.
Generally, all property acquired during a marriage is marital property regardless of who is on the title. For example, a home purchased during your marriage belongs to both spouses even if only one name is on the deed. Marital property includes pension benefits, stock options, earnings and property purchased after marriage.
But there are exceptions to the "All is presumed marital property" rule.
Any property owned before marriage or received through gift or inheritance remains yours alone, as long as you didn’t comingle it with other marital assets. If your individual property increases in value, that increase belongs solely to you. You can also designate individual property through an agreement such as a pre-nuptial. And once you are legally separated, any property you acquire afterwards is yours.
Property purchased after marriage belongs to both spouses, unless you can prove that you used individual property to acquire the new asset. In that case, a home you bought after marriage would remain individual property if, for example, you bought the home with the proceeds of your pre-marital home. Your pension benefits or stock options after marriage are also marital property unless they came from individual property, for example, a job you had before marriage.
You can turn individual property into marital property through comingling. For example, you and your spouse live in your pre-marital home. Your salary pays the mortgage and, thus, you are contributing marital funds to your individual property. If you instead rented the house, the rent and the home would likely remain your individual property.
If you mixed individual and marital assets to buy marital property, your individual contribution would now be considered marital property. And even if you keep your individual property, you might owe your spouse reimbursement if they contributed their personal efforts, such as by fixing up your old home.
All these rules can be changed by agreement, which is why you might consider a prenuptial agreement if you have sufficient individual property at stake.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
“HOW MUCH IS MINE?”: DETERMINING YOUR SHARE OF MARITAL PROPERTY
Generally, in Illinois, each spouse is entitled to half of the marital property. However, a court can award property in "just proportions" after considering a variety of factors.
It may surprise you, but "marital misconduct" is not one of those factors. A court will not punish a cheating spouse through a marital property award. However, if your spouse’s misconduct meant gambling away or wasting your assets, then a court may consider that behavior, subject to certain guidelines. (See related post http://childcustodylawyerchicagoil.blogspot.com/2012/12/my-spouse-is-spending-all-our-money-new.html .)
Other factors a court may assess include each party’s contribution to an asset. Did you use individual funds to buy the asset? Or did you contribute your labor to your spouse’s individual property? In that case, you may be entitled to some reimbursement.
Courts can also look at how children fit into the property picture. Did you contribute to the marriage by staying home with the children? If you are getting primary custody, should your share include the marital home? Should you be given a greater share of property as a substitute for alimony (now known as maintenance)? How well equipped is each party to make a future living?
Courts look at legal obligations. Did you sign a prenuptial agreement specifying the property division? Do you pay child or spousal support to a prior marriage? What are the tax consequences to each party in dividing the property?
Other facts include the age, health, employability, debts and needs of each party. An elderly spouse or one with a serious illness might need a greater share of the property.
The issue of marital property can be extremely tricky with many land mines along the way. If you have questions about marital property issues, you should speak with an experienced family law attorney. An experienced attorney can help present your case in its best possible light to ensure that you get your fair share.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
It may surprise you, but "marital misconduct" is not one of those factors. A court will not punish a cheating spouse through a marital property award. However, if your spouse’s misconduct meant gambling away or wasting your assets, then a court may consider that behavior, subject to certain guidelines. (See related post http://childcustodylawyerchicagoil.blogspot.com/2012/12/my-spouse-is-spending-all-our-money-new.html .)
Other factors a court may assess include each party’s contribution to an asset. Did you use individual funds to buy the asset? Or did you contribute your labor to your spouse’s individual property? In that case, you may be entitled to some reimbursement.
Courts can also look at how children fit into the property picture. Did you contribute to the marriage by staying home with the children? If you are getting primary custody, should your share include the marital home? Should you be given a greater share of property as a substitute for alimony (now known as maintenance)? How well equipped is each party to make a future living?
Courts look at legal obligations. Did you sign a prenuptial agreement specifying the property division? Do you pay child or spousal support to a prior marriage? What are the tax consequences to each party in dividing the property?
Other facts include the age, health, employability, debts and needs of each party. An elderly spouse or one with a serious illness might need a greater share of the property.
The issue of marital property can be extremely tricky with many land mines along the way. If you have questions about marital property issues, you should speak with an experienced family law attorney. An experienced attorney can help present your case in its best possible light to ensure that you get your fair share.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
“MY SPOUSE IS SPENDING ALL OUR MONEY!:” NEW LAW ON WASTING MARITAL ASSETS IN ILLINOIS
Now that your divorce is on the horizon, your spouse seems to be going through your jointly-owned property at an alarming rate. A change in Illinois law spells out the requirements for holding your spouse accountable. (See Illinois Disposition of Property law at http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=097-0941&GA=97. )
Illinois courts may look at whether one spouse has dissipated the marital assets when deciding how much property to award each spouse. As of January 1, 2013, a court may only consider a dissipation claim after you give proper notice.
A notice of intent to claim dissipation must be filed with the court clerk, served on your spouse, and given at least 60 days before trial or 30 days before discovery closes, whichever is later. (Discovery is each party’s opportunity to learn the facts about the other’s property, such as obtaining bank account records and taking testimony at a deposition.) The notice must specify a time period when the marriage began breaking down, identify which assets were dissipated, and when that happened.
The span of your dissipation claim has a time limit. You may not claim dissipation from more than five years before your divorce was filed or more than three years after you should have known about the dissipation.
The issue of marital property can be extremely tricky with many land mines along the way. If you have questions about marital property issues, you should speak with an experienced family law attorney. An experienced attorney can help present your case in its best possible light to ensure that you get your fair share.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
Illinois courts may look at whether one spouse has dissipated the marital assets when deciding how much property to award each spouse. As of January 1, 2013, a court may only consider a dissipation claim after you give proper notice.
A notice of intent to claim dissipation must be filed with the court clerk, served on your spouse, and given at least 60 days before trial or 30 days before discovery closes, whichever is later. (Discovery is each party’s opportunity to learn the facts about the other’s property, such as obtaining bank account records and taking testimony at a deposition.) The notice must specify a time period when the marriage began breaking down, identify which assets were dissipated, and when that happened.
The span of your dissipation claim has a time limit. You may not claim dissipation from more than five years before your divorce was filed or more than three years after you should have known about the dissipation.
The issue of marital property can be extremely tricky with many land mines along the way. If you have questions about marital property issues, you should speak with an experienced family law attorney. An experienced attorney can help present your case in its best possible light to ensure that you get your fair share.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
Wednesday, July 25, 2012
NEW ILLINOIS CASE LAW DEFINES WHAT IS INCOME FOR CHILD SUPPORT PURPOSES
If you have minor children, you may be paying or receiving child support. But how do you determine what counts as income for child support purposes?
A recent Illinois case helped clarify this issue. In Re Marriage of McGrath examined whether money regularly withdrawn from a savings account qualified as income for child support purposes. (See In Re Marriage of McGrath at http://www.state.il.us/court/opinions/SupremeCourt/2012/112792.pdf.) In McGrath, the father was unemployed, but living off $8,000 per month in savings account withdrawals. The Illinois State Supreme Court held that the savings withdrawals could not be counted as income.
Under Illinois law, child support is based on net income. Net income is defined as "the total of all income from all sources" minus certain deductions for items such as FICA, federal and state taxes. (750 Illinois Compiled Statutes 5/505(3)). Illinois courts have followed the dictionary meaning of net income as "something that comes in as an increment or addition…a gain or recurrent benefit that is usually measured in money….the value of goods and services received by an individual in a given period of time," or "the money or other form of payment that one receives, usually periodically, from employment, business, investments, royalties, gifts and the like." The McGrath court reasoned that savings account withdrawals simply didn’t fit any of those categories. Since the father already owned the savings, withdrawing the money did not convey a benefit.
This does not mean, however, that refusing to work and living off your assets is a surefire way to beat child support. A court can increase child support based on the assets of the noncustodial parent versus the needs of the children. Furthermore, courts can impute income to a noncustodial parent if that parent refuses to work, is trying to evade child support, and turns down job opportunities.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
A recent Illinois case helped clarify this issue. In Re Marriage of McGrath examined whether money regularly withdrawn from a savings account qualified as income for child support purposes. (See In Re Marriage of McGrath at http://www.state.il.us/court/opinions/SupremeCourt/2012/112792.pdf.) In McGrath, the father was unemployed, but living off $8,000 per month in savings account withdrawals. The Illinois State Supreme Court held that the savings withdrawals could not be counted as income.
Under Illinois law, child support is based on net income. Net income is defined as "the total of all income from all sources" minus certain deductions for items such as FICA, federal and state taxes. (750 Illinois Compiled Statutes 5/505(3)). Illinois courts have followed the dictionary meaning of net income as "something that comes in as an increment or addition…a gain or recurrent benefit that is usually measured in money….the value of goods and services received by an individual in a given period of time," or "the money or other form of payment that one receives, usually periodically, from employment, business, investments, royalties, gifts and the like." The McGrath court reasoned that savings account withdrawals simply didn’t fit any of those categories. Since the father already owned the savings, withdrawing the money did not convey a benefit.
This does not mean, however, that refusing to work and living off your assets is a surefire way to beat child support. A court can increase child support based on the assets of the noncustodial parent versus the needs of the children. Furthermore, courts can impute income to a noncustodial parent if that parent refuses to work, is trying to evade child support, and turns down job opportunities.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
CAN I DENY VISITATION IF MY SPOUSE HASN’T PAID CHILD SUPPORT OR FOR OTHER REASONS?
In Illinois, visitation and child support are two separate matters. You cannot deny visitation because you didn’t get your child support. By the same token, you cannot refuse to pay child support because you didn’t get your visitation.
If your ex-spouse has court-ordered visitation, your preventing that visitation could have serious consequences. You could be held in contempt of court which could mean jail, attorney fees and/or fines. You could be charged with the crime of Unlawful Visitation or Parenting Time Interference.
Illinois law defines visitation abuse as occurring when a party "has willfully and without justification: (1) denied another party visitation as set forth by the court; or (2) exercised his or her visitation rights in a manner that is harmful to the child or child’s custodian." (750 ILCS 5/607.1).
Illinois courts generally favor visitation rights. In one case, the Illinois Court of Appeals held a mother in contempt for denying visitation even though the trial court deemed the father a "bad parent." Even though the children did not want to visit their father and were participating in extra-curricular activities, the mother’s failure to comply with the visitation order was not excused. Another mother wanted the father to sign a Parental Declaration setting out how their children would be treated. The Illinois Appeals Court treated this as visitation abuse.
On the other hand, sometimes a parent claims visitation abuse, when in fact, they have failed to exercise their rights as spelled out in the order. Maybe they routinely show up very late or demand visitation on the wrong dates. Further a custodial parent may have a defense against visitation abuse if the other parent is endangering the child.
If you have a visitation matter, contact an experienced child custody lawyer to discuss your case. If you have been denied visitation, an attorney can help petition the court to enforce your rights. If you believe your spouse is endangering your children, an attorney could help by seeking supervised visitation. Generally, you should reasonably attempt to work out any disputes with the other parent before going to court, and an attorney can suggest strategies for how to do this.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
See our related blog: Failure to Pay Child Support Can Cost Your Driver's License at http://childcustodylawyerchicagoil.blogspot.com/2012/07/failure-to-pay-child-support-can-cost.html
For a criminal law attorney’s perspective on the crime of Unlawful Visitation or Parenting Time Interference, see Matt Keenan’s Skokie Criminal Lawyer blog, Interfering with Visitation is a Crime in Illinois at http://www.skokiecriminallawyer.com/2012/05/interfering-with-visitation-is-crime-in.html.
If your ex-spouse has court-ordered visitation, your preventing that visitation could have serious consequences. You could be held in contempt of court which could mean jail, attorney fees and/or fines. You could be charged with the crime of Unlawful Visitation or Parenting Time Interference.
Illinois law defines visitation abuse as occurring when a party "has willfully and without justification: (1) denied another party visitation as set forth by the court; or (2) exercised his or her visitation rights in a manner that is harmful to the child or child’s custodian." (750 ILCS 5/607.1).
Illinois courts generally favor visitation rights. In one case, the Illinois Court of Appeals held a mother in contempt for denying visitation even though the trial court deemed the father a "bad parent." Even though the children did not want to visit their father and were participating in extra-curricular activities, the mother’s failure to comply with the visitation order was not excused. Another mother wanted the father to sign a Parental Declaration setting out how their children would be treated. The Illinois Appeals Court treated this as visitation abuse.
On the other hand, sometimes a parent claims visitation abuse, when in fact, they have failed to exercise their rights as spelled out in the order. Maybe they routinely show up very late or demand visitation on the wrong dates. Further a custodial parent may have a defense against visitation abuse if the other parent is endangering the child.
If you have a visitation matter, contact an experienced child custody lawyer to discuss your case. If you have been denied visitation, an attorney can help petition the court to enforce your rights. If you believe your spouse is endangering your children, an attorney could help by seeking supervised visitation. Generally, you should reasonably attempt to work out any disputes with the other parent before going to court, and an attorney can suggest strategies for how to do this.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
See our related blog: Failure to Pay Child Support Can Cost Your Driver's License at http://childcustodylawyerchicagoil.blogspot.com/2012/07/failure-to-pay-child-support-can-cost.html
For a criminal law attorney’s perspective on the crime of Unlawful Visitation or Parenting Time Interference, see Matt Keenan’s Skokie Criminal Lawyer blog, Interfering with Visitation is a Crime in Illinois at http://www.skokiecriminallawyer.com/2012/05/interfering-with-visitation-is-crime-in.html.
NEW ILLINOIS LAW PERMITS COURT TO TAKE YOUR DRIVER’S LICENSE FOR VISITATION ABUSE
Illinois law already permits a Court to suspend your driver’s license if you fail to pay child support. Now that law has been expanded so that you can lose your license if you don’t obey court-ordered visitation.
Illinois law defines visitation abuse as occurring when a party "has willfully and without justification: (1) denied another party visitation as set forth by the court; or (2) exercised his or her visitation rights in a manner that is harmful to the child or child’s custodian." (750 ILCS 5/607.1). This means your license can be suspended if you wrongfully withhold visitation or if you exercise visitation in an irresponsible way, such as driving your children while intoxicated.
According to the legislature, the State "has a compelling interest in ensuring that those individuals with responsibilities involving minor children pursuant to visitation orders demonstrate responsibility, including family responsibility, in order to safely own and operate a motor vehicle, especially when transporting a minor." (625 ILCS 5/7-701)
The State has long attempted to insure that drivers demonstrate responsibility by obtaining auto insurance or by posting a bond if a driver has no insurance in the event of an accident.
The new law allows the Secretary of State to suspend your driver’s license if a Court finds you guilty of visitation abuse and orders your license suspended. You can only get your license back after the court determines you have sufficiently complied with visitation for a sufficient period of time. Even if your license is suspended, you may qualify for a family responsibility driving permit allowing you to go to work, look for a job or obtain medical care for yourself or someone in your household.
The law does require that you be given notice before your license is suspended so that you can request a hearing to contest the charge that you abused visitation.
If you receive notice that your license may be suspended for visitation abuse, contact an experienced family law attorney immediately. An attorney can help you request a hearing and present your situation in its most favorable light before a judge, maybe even stopping the suspension of your license.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
Source: http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=84&GA=97&DocTypeId=SB&DocNum=3823&GAID=11&LegID=&SpecSess=&Session=
Illinois law defines visitation abuse as occurring when a party "has willfully and without justification: (1) denied another party visitation as set forth by the court; or (2) exercised his or her visitation rights in a manner that is harmful to the child or child’s custodian." (750 ILCS 5/607.1). This means your license can be suspended if you wrongfully withhold visitation or if you exercise visitation in an irresponsible way, such as driving your children while intoxicated.
According to the legislature, the State "has a compelling interest in ensuring that those individuals with responsibilities involving minor children pursuant to visitation orders demonstrate responsibility, including family responsibility, in order to safely own and operate a motor vehicle, especially when transporting a minor." (625 ILCS 5/7-701)
The State has long attempted to insure that drivers demonstrate responsibility by obtaining auto insurance or by posting a bond if a driver has no insurance in the event of an accident.
The new law allows the Secretary of State to suspend your driver’s license if a Court finds you guilty of visitation abuse and orders your license suspended. You can only get your license back after the court determines you have sufficiently complied with visitation for a sufficient period of time. Even if your license is suspended, you may qualify for a family responsibility driving permit allowing you to go to work, look for a job or obtain medical care for yourself or someone in your household.
The law does require that you be given notice before your license is suspended so that you can request a hearing to contest the charge that you abused visitation.
If you receive notice that your license may be suspended for visitation abuse, contact an experienced family law attorney immediately. An attorney can help you request a hearing and present your situation in its most favorable light before a judge, maybe even stopping the suspension of your license.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
Source: http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=84&GA=97&DocTypeId=SB&DocNum=3823&GAID=11&LegID=&SpecSess=&Session=
CAN A GRANDPARENT OBTAIN CUSTODY IN ILLINOIS
As a responsible grandparent, you have legitimate concerns about how your grandchildren are being raised. In truth, you think they might be better off with you than their parent. Can you get custody?
In Illinois, grandparents generally do not have standing to petition for custody except under a limited set of circumstances. The Illinois Supreme Court has essentially said that grandparents do not have rights to their grandchildren. However, in some cases, the grandparent will prevail.
Grandparents can petition a court for custody when a parent has died and the surviving parent falls under certain categories. Either the surviving parent has disappeared without word of his or her whereabouts, or the surviving parent is in jail, or the surviving parent was convicted of a domestic violence offense against the deceased parent.
Even if both parents are alive, you might still be eligible for custody if your grandchildren live with you, and both parents are either on drugs or are incarcerated. In these cases, the Department of Children and Family Services has usually become involved.
Often, a grandparent will consider custody when their child has died, and they do not have a good relationship with the surviving parent. Not getting along with the surviving parent or being barred from seeing your grandkids is not sufficient grounds for a change of custody.
If you think you might have grounds for custody, contact an experienced child custody attorney to review your case. An experienced attorney can evaluate whether your case falls within the narrow rules for taking custody away from a lawful parent. Often, the answer may be no. But if there is sufficient justification under Illinois law, you may succeed.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
In Illinois, grandparents generally do not have standing to petition for custody except under a limited set of circumstances. The Illinois Supreme Court has essentially said that grandparents do not have rights to their grandchildren. However, in some cases, the grandparent will prevail.
Grandparents can petition a court for custody when a parent has died and the surviving parent falls under certain categories. Either the surviving parent has disappeared without word of his or her whereabouts, or the surviving parent is in jail, or the surviving parent was convicted of a domestic violence offense against the deceased parent.
Even if both parents are alive, you might still be eligible for custody if your grandchildren live with you, and both parents are either on drugs or are incarcerated. In these cases, the Department of Children and Family Services has usually become involved.
Often, a grandparent will consider custody when their child has died, and they do not have a good relationship with the surviving parent. Not getting along with the surviving parent or being barred from seeing your grandkids is not sufficient grounds for a change of custody.
If you think you might have grounds for custody, contact an experienced child custody attorney to review your case. An experienced attorney can evaluate whether your case falls within the narrow rules for taking custody away from a lawful parent. Often, the answer may be no. But if there is sufficient justification under Illinois law, you may succeed.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
FAILURE TO PAY CHILD SUPPORT CAN COST YOUR DRIVER’S LICENSE
You have been having a tough time lately so you’re behind in your child support payments. Now you have received notice that the Court is suspending your driver’s license.
Illinois law permits a Court to suspend your driver’s license if you are delinquent 90 or more days in your child support and have been found in contempt of court. (625 ILCS 5/7-702.)
A change in the law allows the Court to suspend your license for visitation abuse. See related blog:
New Illinois Law Permits Court to Take Your Driver's License for Visitation Abuse at http://childcustodylawyerchicagoil.blogspot.com/2012/07/new-illinois-law-permits-court-to-take.html.
Allowing a Court to suspend your license is part of the State’s financial responsibility law. The State has long attempted to insure responsibility by requiring drivers to obtain car insurance or pay a bond in the event of an accident.
Once suspended, you can only get back your license after the Secretary of State receives documentation that you paid your child support. Even if your license is suspended, you may qualify for a family responsibility driving permit allowing you to go to work, look for a job or obtain medical care for yourself or someone in your household.
Before your license can be suspended, the Secretary of State must send you notice that your license will be suspended in 60 days unless you bring your child support up to date. You do have the right to request a hearing before the Secretary of State to contest the suspension before the suspension takes effect.
If you receive notice that your license may be suspended, contact an experienced family law attorney immediately. An attorney can help determine if you have grounds to contest the suspension or if you qualify to modify your original child support order.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
Illinois law permits a Court to suspend your driver’s license if you are delinquent 90 or more days in your child support and have been found in contempt of court. (625 ILCS 5/7-702.)
A change in the law allows the Court to suspend your license for visitation abuse. See related blog:
New Illinois Law Permits Court to Take Your Driver's License for Visitation Abuse at http://childcustodylawyerchicagoil.blogspot.com/2012/07/new-illinois-law-permits-court-to-take.html.
Allowing a Court to suspend your license is part of the State’s financial responsibility law. The State has long attempted to insure responsibility by requiring drivers to obtain car insurance or pay a bond in the event of an accident.
Once suspended, you can only get back your license after the Secretary of State receives documentation that you paid your child support. Even if your license is suspended, you may qualify for a family responsibility driving permit allowing you to go to work, look for a job or obtain medical care for yourself or someone in your household.
Before your license can be suspended, the Secretary of State must send you notice that your license will be suspended in 60 days unless you bring your child support up to date. You do have the right to request a hearing before the Secretary of State to contest the suspension before the suspension takes effect.
If you receive notice that your license may be suspended, contact an experienced family law attorney immediately. An attorney can help determine if you have grounds to contest the suspension or if you qualify to modify your original child support order.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
IS NESTING RIGHT FOR ME? WHY SHARING THE MARITAL RESIDENCE MAY NOT BE A GOOD IDEA
You and your spouse are going through a lengthy divorce. For the good of the children, you opt for a nesting agreement in which the children remain in the marital home while you and your spouse take turns living with them.
While nesting arrangements may start off with the best of intentions, they can go badly awry—and it’s not easy to get out of one once you’ve started. A Court will grant exclusive possession to one spouse only upon a finding of "jeopardy." And jeopardy can be a pretty tough standard to meet.
Under Illinois law, a court can only remove someone from a marital residence during a divorce where "the physical or mental well being of either spouse or their children is jeopardized by the occupancy of the marital residence by both spouses." (750 Illinois Compiled Statutes 5/701.) Merely suffering from a great deal of stress may not be enough to change the arrangement.
In a recent Illinois case, a lower court ended a nesting arrangement by giving exclusive possession to the wife. (See <a href="http://www.state.il.us/court/opinions/AppellateCourt/2012/1stDistrict/1112567.pdf"> People v Levinson</a>. The wife alleged that the arrangement created much tension, the husband left the home messy, plus she had nowhere else to live and thus no privacy. The lower court agreed that the arrangement was highly stressful for both mother and children, and that it was a source of the parties’ power struggles. Yet, the Appeals Court overturned the lower court’s order giving the wife sole possession of the home. The Appeals Court found that the parties’ stress did not jeopardize their mental or physical well being enough to justify ending the nesting agreement.
Prior case law has justified exclusive possession where the husband beat the wife and threatened her with a gun. But in another case, the court found that a single incident of nonconsensual sex and the worsening of the wife’s diabetes due to stress was not sufficient to make a change.
If you do want to try nesting, you should have some of the same skills necessary for successful joint parenting. If you basically agree on most parenting issues and get along well in every respect except being married, you might be able to succeed at this arrangement. However, even petty stresses such as cleaning up after the other spouse’s stay can make nesting a difficult arrangement.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
While nesting arrangements may start off with the best of intentions, they can go badly awry—and it’s not easy to get out of one once you’ve started. A Court will grant exclusive possession to one spouse only upon a finding of "jeopardy." And jeopardy can be a pretty tough standard to meet.
Under Illinois law, a court can only remove someone from a marital residence during a divorce where "the physical or mental well being of either spouse or their children is jeopardized by the occupancy of the marital residence by both spouses." (750 Illinois Compiled Statutes 5/701.) Merely suffering from a great deal of stress may not be enough to change the arrangement.
In a recent Illinois case, a lower court ended a nesting arrangement by giving exclusive possession to the wife. (See <a href="http://www.state.il.us/court/opinions/AppellateCourt/2012/1stDistrict/1112567.pdf"> People v Levinson</a>. The wife alleged that the arrangement created much tension, the husband left the home messy, plus she had nowhere else to live and thus no privacy. The lower court agreed that the arrangement was highly stressful for both mother and children, and that it was a source of the parties’ power struggles. Yet, the Appeals Court overturned the lower court’s order giving the wife sole possession of the home. The Appeals Court found that the parties’ stress did not jeopardize their mental or physical well being enough to justify ending the nesting agreement.
Prior case law has justified exclusive possession where the husband beat the wife and threatened her with a gun. But in another case, the court found that a single incident of nonconsensual sex and the worsening of the wife’s diabetes due to stress was not sufficient to make a change.
If you do want to try nesting, you should have some of the same skills necessary for successful joint parenting. If you basically agree on most parenting issues and get along well in every respect except being married, you might be able to succeed at this arrangement. However, even petty stresses such as cleaning up after the other spouse’s stay can make nesting a difficult arrangement.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
Sunday, May 13, 2012
CAN I OR MY EX-SPOUSE MOVE OUR CHILDREN OUT OF STATE?
You are marrying someone who lives out of state, and you want to move in with them. Or you got an outstanding job opportunity in another state. Or maybe you just wanted to move to a place where you enjoyed a vacation. Your children are still minors, can you take them out of state where they now live?
First, you must look at the specific language in your divorce judgment or parenting agreement. Your divorce may have already anticipated this situation, and you might find some guidance there. Many divorce judgments, however, will not allow a parent to move children out of state without court permission.
Unless the language of your divorce judgment says otherwise, Illinois law prohibits moving children out of state unless the custodial parent can prove that the move is in the best interests of the children. What that means depends on the specific facts of your case.
The Illinois Courts have looked at whether a move would enhance the quality of life for the custodial parent and the children. For example, are you moving because of a significant job opportunity that would raise the family’s standard of living? Are you moving because you intend to remarry and your new marriage would improve your children’s financial security or allow you to spend more time with them? Are there health reasons for making a move?
You cannot move simply to get away from the non-custodial parent or keep the other parent from seeing your children, or because you’d just like to live somewhere else. You may be denied permission to move if travel between your children and your ex-spouse is too difficult.
If you do seek permission to move, you must show an effort to promote the relationship between your children and your ex-spouse. Your ex-spouse may have less frequent visitation, but for longer periods. For example, your ex-spouse may get the children for the summer to make up for lost time during the school year. You may also have to pay the children’s transportation costs to visit your ex-spouse.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
First, you must look at the specific language in your divorce judgment or parenting agreement. Your divorce may have already anticipated this situation, and you might find some guidance there. Many divorce judgments, however, will not allow a parent to move children out of state without court permission.
Unless the language of your divorce judgment says otherwise, Illinois law prohibits moving children out of state unless the custodial parent can prove that the move is in the best interests of the children. What that means depends on the specific facts of your case.
The Illinois Courts have looked at whether a move would enhance the quality of life for the custodial parent and the children. For example, are you moving because of a significant job opportunity that would raise the family’s standard of living? Are you moving because you intend to remarry and your new marriage would improve your children’s financial security or allow you to spend more time with them? Are there health reasons for making a move?
You cannot move simply to get away from the non-custodial parent or keep the other parent from seeing your children, or because you’d just like to live somewhere else. You may be denied permission to move if travel between your children and your ex-spouse is too difficult.
If you do seek permission to move, you must show an effort to promote the relationship between your children and your ex-spouse. Your ex-spouse may have less frequent visitation, but for longer periods. For example, your ex-spouse may get the children for the summer to make up for lost time during the school year. You may also have to pay the children’s transportation costs to visit your ex-spouse.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
HOW DO I CHOOSE A DIVORCE ATTORNEY?
Divorce can be one of the most stressful events in a person’s life. Therefore, it is critical to choose an attorney who is a good fit for you. After all, you may have to live with that decision for a long time.
First, you need to sit down and have a face to face conversation with any prospective attorney. You should share your concerns and listen to how the attorney responds.
Does the attorney listen or do they interrupt a lot? An attorney should be interested in you and the facts of your individual situation. Divorce is a personal process. If the attorney is not going to be interested in you as a person, why should you be interested in them as an attorney? An attorney who doesn’t listen might also overlook important information about your case.
Does the attorney talk to you about what you may expect? An attorney should be able to clearly communicate information about the proceeding and the likely outcomes.
Does the attorney offer suggestions or guidance? Do they ask the right questions? A knowledgeable attorney will ask questions that get at the heart of your situation and demonstrate a familiarity with the family law court system. They may also give advice on more effectively dealing with your spouse or on presenting your situation to the court.
Is the attorney willing to tell you things you might not want to hear? An attorney must honestly advise his or her client, even when the advice goes against the client’s wishes. For example, if the client wants me to bring a change of custody order, and I know the grounds for the change are weak, my best advice is not to pursue the order.
An attorney needs to be a truth teller, and the attorney should help you get your truth before the judge.
Beware of attorneys who overpromise or make guarantees for a low flat fee. Except in very limited circumstances, no attorney can predict the outcome of a case 100% of the time. We do not control the minds of your ex-spouse, the mediator or the judge. An attorney can make educated guesses, plan an effective strategy for your particular case, and advise you about likely results, but an attorney can never guarantee things will go your way.
A successful divorce experience involves the ability to tailor solutions to the client’s particular problems. Divorce is not a one size fits all proceeding.
For me, divorce and child custody law is not just a business. My practice is about my clients and about doing as good a job for them as possible. By doing my job well, I can have a greater impact on your child’s life than even some grandparents. Divorce law is serious stuff, and any attorney you hire should treat it that way.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email: zwwlawyer@gmail.com
First, you need to sit down and have a face to face conversation with any prospective attorney. You should share your concerns and listen to how the attorney responds.
Does the attorney listen or do they interrupt a lot? An attorney should be interested in you and the facts of your individual situation. Divorce is a personal process. If the attorney is not going to be interested in you as a person, why should you be interested in them as an attorney? An attorney who doesn’t listen might also overlook important information about your case.
Does the attorney talk to you about what you may expect? An attorney should be able to clearly communicate information about the proceeding and the likely outcomes.
Does the attorney offer suggestions or guidance? Do they ask the right questions? A knowledgeable attorney will ask questions that get at the heart of your situation and demonstrate a familiarity with the family law court system. They may also give advice on more effectively dealing with your spouse or on presenting your situation to the court.
Is the attorney willing to tell you things you might not want to hear? An attorney must honestly advise his or her client, even when the advice goes against the client’s wishes. For example, if the client wants me to bring a change of custody order, and I know the grounds for the change are weak, my best advice is not to pursue the order.
An attorney needs to be a truth teller, and the attorney should help you get your truth before the judge.
Beware of attorneys who overpromise or make guarantees for a low flat fee. Except in very limited circumstances, no attorney can predict the outcome of a case 100% of the time. We do not control the minds of your ex-spouse, the mediator or the judge. An attorney can make educated guesses, plan an effective strategy for your particular case, and advise you about likely results, but an attorney can never guarantee things will go your way.
A successful divorce experience involves the ability to tailor solutions to the client’s particular problems. Divorce is not a one size fits all proceeding.
For me, divorce and child custody law is not just a business. My practice is about my clients and about doing as good a job for them as possible. By doing my job well, I can have a greater impact on your child’s life than even some grandparents. Divorce law is serious stuff, and any attorney you hire should treat it that way.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email: zwwlawyer@gmail.com
CAN MY SPOUSE AND I USE THE SAME ATTORNEY?
You and your spouse see eye to eye on just about everything from dividing your property to raising your kids. You don’t want a long, expensive divorce or custody matter. If you already are in agreement, can you use the same attorney?
The answer is yes and no. Any attorney must advocate for his or her client. As such, it is difficult, if not impossible, for an attorney to serve two masters. What if the attorney knows that your spouse is entitled to a better deal? The attorney could not advise your spouse while still acting in your best interest.
That being said, sometimes the parties use the same lawyer, even though that lawyer is representing only one of you. The lawyer can advise the spouse they do represent, draw up the necessary paperwork and appear in court. The non-represented spouse should have their own attorney review any paperwork. After that, however, they can allow the spouse’s attorney to proceed.
Using one attorney works best if the parties have relatively equal power and knowledge in the relationship. If you stayed home with the kids while your spouse ran a business, using the same attorney may not be a good fit. You may not know enough about your marital assets to make an informed decision about the fairness of the proposed agreement.
If you agree on most parenting decisions such as religion and education, and you both see each other as good parents, just not as good spouses, using one attorney can be a cost effective way of ending a relationship amicably.
If you have questions about this or another child custody or domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
The answer is yes and no. Any attorney must advocate for his or her client. As such, it is difficult, if not impossible, for an attorney to serve two masters. What if the attorney knows that your spouse is entitled to a better deal? The attorney could not advise your spouse while still acting in your best interest.
That being said, sometimes the parties use the same lawyer, even though that lawyer is representing only one of you. The lawyer can advise the spouse they do represent, draw up the necessary paperwork and appear in court. The non-represented spouse should have their own attorney review any paperwork. After that, however, they can allow the spouse’s attorney to proceed.
Using one attorney works best if the parties have relatively equal power and knowledge in the relationship. If you stayed home with the kids while your spouse ran a business, using the same attorney may not be a good fit. You may not know enough about your marital assets to make an informed decision about the fairness of the proposed agreement.
If you agree on most parenting decisions such as religion and education, and you both see each other as good parents, just not as good spouses, using one attorney can be a cost effective way of ending a relationship amicably.
If you have questions about this or another child custody or domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
Tuesday, April 24, 2012
HOW I CAN HELP YOU WITH YOUR DIVORCE OR CHILD CUSTODY MATTER
What if you suddenly found yourself living in a foreign country? You don’t know the language, and you haven’t studied the culture. How are you going to survive without knowing anything except your own situation? Everything surrounding you seems alien and, in some cases, counterintuitive.
You need a guide.
As an experienced family law attorney, I can be your guide to the foreign country that is the Cook County Domestic Relations court. Few clients know how to navigate the court system on their own, let alone the best way to communicate about their situation.
To an outsider, some family law may even seem illogical. If your ex-spouse isn’t paying child support, why must you still give them visitation? Or vice versa? Why must you divide a relatively small amount of marital property, when you can’t get a share of that trust fund your spouse inherited? An attorney can help explain the answers to these questions and may be able to find alternative solutions.
While no attorney can guarantee a judge will rule in your favor, I can help you obtain better results by knowledgeably presenting your case in its most favorable light. I can also help you set realistic goals and work with you toward achieving them. Sometimes I may have to tell you something you’d rather not hear. For example, maybe Illinois law doesn’t support your position. Or maybe an issue you think is critical is not relevant to a judge.
Sometimes you will have a fight on your hands. Quite a few divorce attorneys can be overly combative and prolong the battle at the expense of their clients’ financial and emotional well-being. You may be forced to fight back. I can provide the skill necessary to fight so that a judge knows you aren’t the one causing the problem, and that you are just trying to do the best for your kids in a bad situation.
While I can act as your guide, you may still need to do work on yourself and your children. Sometimes that means getting your children professional help. Sometimes that means living on a budget for the first time. With more than 17 years of experience, I have developed a referral network of resources such as mental health professionals, therapists and financial experts. Having worked with so many parents on coping with divorce, I can help you find the solutions to make the changes you need.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email to: zwwlawyer@gmail.com
You need a guide.
As an experienced family law attorney, I can be your guide to the foreign country that is the Cook County Domestic Relations court. Few clients know how to navigate the court system on their own, let alone the best way to communicate about their situation.
To an outsider, some family law may even seem illogical. If your ex-spouse isn’t paying child support, why must you still give them visitation? Or vice versa? Why must you divide a relatively small amount of marital property, when you can’t get a share of that trust fund your spouse inherited? An attorney can help explain the answers to these questions and may be able to find alternative solutions.
While no attorney can guarantee a judge will rule in your favor, I can help you obtain better results by knowledgeably presenting your case in its most favorable light. I can also help you set realistic goals and work with you toward achieving them. Sometimes I may have to tell you something you’d rather not hear. For example, maybe Illinois law doesn’t support your position. Or maybe an issue you think is critical is not relevant to a judge.
Sometimes you will have a fight on your hands. Quite a few divorce attorneys can be overly combative and prolong the battle at the expense of their clients’ financial and emotional well-being. You may be forced to fight back. I can provide the skill necessary to fight so that a judge knows you aren’t the one causing the problem, and that you are just trying to do the best for your kids in a bad situation.
While I can act as your guide, you may still need to do work on yourself and your children. Sometimes that means getting your children professional help. Sometimes that means living on a budget for the first time. With more than 17 years of experience, I have developed a referral network of resources such as mental health professionals, therapists and financial experts. Having worked with so many parents on coping with divorce, I can help you find the solutions to make the changes you need.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email to: zwwlawyer@gmail.com
IS JOINT CUSTODY RIGHT FOR YOU?
Illinois law prefers joint custody arrangements, and thus encourages parents to work together. Parents who communicate regularly and make joint decisions are thought to be acting in the best interests of the child.
But joint custody may not work for everyone. Here are some factors to keep in mind:
Joint custody means the ability to come up with a joint parenting agreement. The agreement should spell out each parent’s rights and responsibilities, how decisions will be made and a procedure for changes or disagreements. Generally joint custody involves making decisions about your child with the other parent. Either one of you may have residential custody, meaning your child’s primary residence. For some families, residential custody can be shared as well.
The three key decision-making areas where spouses should be able to reach agreement are: 1) medical, 2) educational and 3) religious. Perhaps your spouse is a Christian Scientist, who does not believe in seeking medical practice. You may feel that’s fine for your spouse, but not your kids. Perhaps you think your children should be home schooled, while your spouse wants them in a military academy. Or you wanted to raise your children as Catholics, while your spouse became a Buddhist. All these situations can prove trying when parents are deciding how best to raise children.
Even if you disagree on one or more of these areas, however, you might still share custody. It is important that your attorney and your spouse’s attorney have a good working relationship. You should also be able to work well with a mediator. In that way, the attorneys can draft a custody arrangement that fits your families’ individual needs, rather than trying to fit a square peg into a round hole. Perhaps either you or the other parent can have primary decision making on one or more of the key areas, but share joint custody on everything else.
Another factor to consider is the temperament of the parents. You cannot jointly parent with someone who abuses you or your children. You cannot jointly parent with a spouse whose judgment is affected by mental health issues or drug addiction. You cannot jointly parent with a spouse who has certain personality disorders, for example, one who refuses to compromise on even the most minor issues.
To make joint parenting successful, both you and your spouse must be able to keep your child’s best interests uppermost in mind. Can you and your spouse rationally discuss your child’s welfare and arrive at sensible decisions? If you’ve vowed never to speak to each other, joint custody is not right for you. But it does help to realize that there are many ways to communicate, such as by text, email or phone, and to find the way that works best for you.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email to: zwwlawyer@gmail.com
Source: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt+VI&ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000
But joint custody may not work for everyone. Here are some factors to keep in mind:
Joint custody means the ability to come up with a joint parenting agreement. The agreement should spell out each parent’s rights and responsibilities, how decisions will be made and a procedure for changes or disagreements. Generally joint custody involves making decisions about your child with the other parent. Either one of you may have residential custody, meaning your child’s primary residence. For some families, residential custody can be shared as well.
The three key decision-making areas where spouses should be able to reach agreement are: 1) medical, 2) educational and 3) religious. Perhaps your spouse is a Christian Scientist, who does not believe in seeking medical practice. You may feel that’s fine for your spouse, but not your kids. Perhaps you think your children should be home schooled, while your spouse wants them in a military academy. Or you wanted to raise your children as Catholics, while your spouse became a Buddhist. All these situations can prove trying when parents are deciding how best to raise children.
Even if you disagree on one or more of these areas, however, you might still share custody. It is important that your attorney and your spouse’s attorney have a good working relationship. You should also be able to work well with a mediator. In that way, the attorneys can draft a custody arrangement that fits your families’ individual needs, rather than trying to fit a square peg into a round hole. Perhaps either you or the other parent can have primary decision making on one or more of the key areas, but share joint custody on everything else.
Another factor to consider is the temperament of the parents. You cannot jointly parent with someone who abuses you or your children. You cannot jointly parent with a spouse whose judgment is affected by mental health issues or drug addiction. You cannot jointly parent with a spouse who has certain personality disorders, for example, one who refuses to compromise on even the most minor issues.
To make joint parenting successful, both you and your spouse must be able to keep your child’s best interests uppermost in mind. Can you and your spouse rationally discuss your child’s welfare and arrive at sensible decisions? If you’ve vowed never to speak to each other, joint custody is not right for you. But it does help to realize that there are many ways to communicate, such as by text, email or phone, and to find the way that works best for you.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email to: zwwlawyer@gmail.com
Source: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt+VI&ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000
CAN I CHANGE THE CUSTODY OF MY CHILD AFTER A DIVORCE?
During your divorce, you agreed to allow your spouse to have custody of your children. Now, he or she has a live-in partner who you believe mistreats them. Or maybe you simply feel your former spouse is too strict, or not strict enough. At this point, you think your children would be better off with you.
Can you change your custody order? What is the procedure?
Before petitioning the court for a change in custody, we must determine whether at least two years have elapsed since the Judgment awarded custody to the other spouse. If it has been less than two years, the Court will not change custody unless there has been an extraordinary change in circumstances. According to Illinois law, you must show by clear and convincing evidence that the "child’s present environment may endanger seriously his physical, mental, moral or emotional health." (750 ILCS 5/610.) Is the new partner abusing your child? Is your ex-spouse doing drugs or neglecting your children in some serious way?
An exception to the two year requirement is if your former spouse intends to move in or marry a sex offender. A motion to change custody under those circumstances can be made at any time. (750 ILCS 5/609.5.)
If the Judgment is more than two years old, then you need only show a change in circumstances. For example, your child is now an adolescent and needs to live with the same sex parent, or your child doesn’t get along with a new stepparent or stepsibling.
To start a change in custody proceeding, you must file a petition or motion requesting the change with the Court. If you and your former spouse agree on the change, the Court may enter an order reflecting your agreement. If not, your motion must be served on your ex-spouse and your ex-spouse will be given time to respond. Most likely, the parties would ask for some discovery about the matter. Discovery is the opportunity to obtain evidence from the other parent or a third party. You may wish to obtain school records or medical records to document your child’s situation. The parent who wants to keep custody might ask for information about your activities.
The court may next appoint a child representative. This is an attorney who advocates for the best interests of your child. A child custody expert may also be appointed. The child custody expert usually has a psychological or social work background. The expert might meet with both parents and observe them with the child. They may require psychological testing and may issue a recommendation about the change in custody.
Often, parents will come to an agreement after the expert issues their report. If not, you will have an opportunity to present your side of the story at a hearing before a judge. The judge will then order the change of custody or deny your request. If your request is denied, you can consider the possibility of appealing the judge’s decision.
While it is difficult to set a time table, most child custody proceedings resolve in six months to a year.
If you have questions about this or another domestic relations situation, please contact Zachary W. Williams at 1-312-981-0851 or email to: zwwlawyer@gmail.com
Source: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt+VI&ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000
Can you change your custody order? What is the procedure?
Before petitioning the court for a change in custody, we must determine whether at least two years have elapsed since the Judgment awarded custody to the other spouse. If it has been less than two years, the Court will not change custody unless there has been an extraordinary change in circumstances. According to Illinois law, you must show by clear and convincing evidence that the "child’s present environment may endanger seriously his physical, mental, moral or emotional health." (750 ILCS 5/610.) Is the new partner abusing your child? Is your ex-spouse doing drugs or neglecting your children in some serious way?
An exception to the two year requirement is if your former spouse intends to move in or marry a sex offender. A motion to change custody under those circumstances can be made at any time. (750 ILCS 5/609.5.)
If the Judgment is more than two years old, then you need only show a change in circumstances. For example, your child is now an adolescent and needs to live with the same sex parent, or your child doesn’t get along with a new stepparent or stepsibling.
To start a change in custody proceeding, you must file a petition or motion requesting the change with the Court. If you and your former spouse agree on the change, the Court may enter an order reflecting your agreement. If not, your motion must be served on your ex-spouse and your ex-spouse will be given time to respond. Most likely, the parties would ask for some discovery about the matter. Discovery is the opportunity to obtain evidence from the other parent or a third party. You may wish to obtain school records or medical records to document your child’s situation. The parent who wants to keep custody might ask for information about your activities.
The court may next appoint a child representative. This is an attorney who advocates for the best interests of your child. A child custody expert may also be appointed. The child custody expert usually has a psychological or social work background. The expert might meet with both parents and observe them with the child. They may require psychological testing and may issue a recommendation about the change in custody.
Often, parents will come to an agreement after the expert issues their report. If not, you will have an opportunity to present your side of the story at a hearing before a judge. The judge will then order the change of custody or deny your request. If your request is denied, you can consider the possibility of appealing the judge’s decision.
While it is difficult to set a time table, most child custody proceedings resolve in six months to a year.
If you have questions about this or another domestic relations situation, please contact Zachary W. Williams at 1-312-981-0851 or email to: zwwlawyer@gmail.com
Source: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt+VI&ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000
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