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 In Re Marriage of McGrath examined whether money regularly withdrawn from a savings account qualified as income for child support purposes.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.
Wednesday, July 25, 2012
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.
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