Oftentimes during divorce or parentage matters, the issue of which parent will receive the tax exemption for the minor child becomes a contested issue. In determining this issue, there are two relevant sections of law to examine.
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Parenting time can be restricted if the court finds that a parent has engaged in conduct that seriously endangered a child’s mental, moral, or physical health, or behavior that significantly impaired the child’s development. Under 750 ILCS 5/603.10, if a court makes this determination, then the court can enter orders with certain restrictions on a parent to protect the child.
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A parenting plan is a written agreement that allocates both decision making responsibilities and parenting time to the parties in a divorce or parentage matter. When creating a parenting plan for older children, those who are in middle school and high school, there are different things to consider than when making a parenting plan for younger children.
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Maintenance, formerly known as alimony or spousal support, are funds paid by one party to the other either during a divorce proceeding or post judgment for the other party’s support. Maintenance is awarded to a party after the court considers a variety of different factors.
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Mediation is an alternative dispute resolution method with a neutral person helping the parties find a solution to their dispute. While there are instances that mediation can be required in Illinois, there are many pros and cons to mediation. Let’s explore them to see if mediation is a fit for you.
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Each state has their own unique laws as it relates to dissolution of marriages. At the Law Office of Erin M. Wilson LLC, we have attorneys who practice family law in both Illinois and Indiana. There are key similarities and differences between the states regarding dissolutions.
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In certain situations, supervised parenting time may be the only safe way for a parent to see their child. Whether it be a trusted family member or friend, paid individual, or free help center, supervised parenting time may be the best decision for you and your family.
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For most individuals, going through a divorce or dealing with parenting issues can be a stressful and challenging period. Therapy is one major tool that nearly every individual will find beneficial.
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Most people have heard of prenuptial agreements, agreements entered into prior to marriage that govern in the event of divorce; however, less commonly mentioned are postnuptial agreements. Postnuptial agreements are entered into after the marriage occurs.
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During the pendency of divorce, people often wonder what rights or obligations they have in regard to health and life insurance. It is a common scenario that one spouse receives health insurance through their employer and the other spouse is included on the health insurance plan. When parties separate, a concern arises as to what the uninsured spouse will do for insurance, especially if they are not employed or not offered health benefits by an employer.
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So your parenting plan or Allocation Judgment has been entered, and now you want to relocate – can you make the move? What happens next? The intended relocation will constitute a substantial change in circumstances, and therefore 750 ILCS 5/609.2 will apply.
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Dissipation is the spending of marital funds, for a purpose that is not for the benefit of the marriage, during the time period after the breakdown of the marriage and the finalization of a divorce.
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The home that parties reside in during the course of the marriage is often referred to as the “marital residence”. The marital residence is a part of the marital estate and each party is entitled to an equitable division of marital property.
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A family law attorney can have a variety of roles in cases, and each role plays a very different part in proceedings based on what an attorney acting in that role can and cannot do.
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As participants in the COVID-19 era of family litigation, we have seen many issues arise, such as remote learning, mask enforcement, parenting time, not only modification to a schedule, but also make up time, holiday and vacation time as well as the question of whether parenting time should occur at all due to concerns of exposure.
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But deciding to sign a prenuptial agreement is not about being selfish and keeping your assets to yourself, but rather about respecting and loving both yourself and the person you are committing your life to by imposing protections for yourself and each other.
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Recently, Section 607.6 of the Illinois Marriage and Dissolution of Marriage Act was amended by House Bill 2741. Section 607.6 addresses court-ordered therapy, and specifically, subparagraph d of the Section concerns the confidentiality of information about court-ordered therapy.
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Preparing to go back to school is nothing new for many families, however, after over a year of online schooling, the transition back to school may look a little different year if your child’s school is going back full time or in a hybrid model.
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In a highly contested divorce or parentage cases, a 604.10 evaluation is a formal evaluation by a mental health professional to assist the Court in determining the best interest of the children. Here are some frequently asked questions regarding 604.10 Evaluations:
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The million dollar question: Can I get a 50/50 parenting schedule; is the other parent going to get it? There is no right answer and no one size fits all. We understand both the allure and fear that surrounds this hot topic.
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