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I agree that in most situations, dads seem to get less parenting time than mothers do, but generally, there is a reason for that. When it comes to child custody, mothers fight harder for the majority of the parenting time and typically do more of the day-to-day care for the minor children. Dads are making changes however to the way they parent. In the trend I see, dads are coming away with either the majority of the parenting time or at least close to equal parenting time.

In years past, there was a division of labor within the household. Dads…

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Many times parties will want to file for custody of a minor child that is not their own biological child. Aunts, Uncles, siblings, grandparents, and other adults often times will find themselves in circumstances where they wish to file for custody. In Illinois there are certain situations where they possibly can obtain custody, but it depends on whether or not they have the standing to file a petition or a new case.

“Standing” and Seeking Custody of a Minor that is Not Your Biological Child

In Illinois, you must have standing in order to file for custody of a minor child that is not your biological child. Illinois law prescribes specific situations where…

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An opinion from the 5th District was recently decided in the case of Sandra Schell v. Mark Schell regarding whether an inherited IRA was considered income for child support purposes.

The court was required to decide whether mandatory distributions or withdrawals taken from an inherited IRA — individual retirement account — containing money that has never been imputed against the recipient for the purposes of maintenance and child support calculations constitute ‘income’ under 750 ILCS 5/504(b-3) (West 2018) and 750 ILCS 5/505(a)(3) (West 2018). It was held that “gross income” and “net income,” as defined in sections 504 and 505…

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Some people are often surprised that despite the fact that their spouse has filed a petition for dissolution in court and are in the process of full-blown litigation, they are still required to participate in divorce mediation in an effort to come to an agreement. It seems almost counterintuitive to require mediation when the parties are likely in court because there was no agreement.

Divorce Mediation Helps Parties Reach Agreements

However, the more conflicted and litigious you and your spouse are, the less likely the courts are going to entertain the minutia of your life. The large caseload judges have on a daily basis forces them…

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There are a number of common issues that arise in guardianship cases. From the termination of the guardianship by a parent who wants to resume responsibility for a child, but the guardian is not in agreement with relinquishing the guardianship to more than one party seeking to be a child’s guardian, read on to see how Illinois family courts have addressed these issues.

1. Guardianship Cases When a Party Seeks Termination of a Guardianship

Because guardianships are not permanent and can be dissolved, parents often operate under the incorrect presumption that once they say they want the guardianship to end it will be dissolved. Instead, what often happens is that the…

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Divorce attorney’s fees can be expensive and is one of the most popular topics for questions we receive from new clients in our Chicago family law practice. Namely, Will I be able to afford to pay for a divorce? Can my spouse pay my bill for attorney’s fees?

There are Various Avenues in which Divorce Attorney’s Fees Can Be Paid

The Illinois statutes (IMDMA-Illinois Marriage and Dissolution of Marriage Act) cover different areas in which fees can be granted. There are interim attorney’s fees under IMDMA § 501(c-1) in a pre-judgment dissolution action, and under § 508(a), a person can seek fees if they cannot afford it but the other side can…

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With the recent development of the COVID-19 vaccinations and distribution underway, we are anticipating some questions and co-parenting issues relating to this vaccine. As Chicago family law and divorce attorneys, we are making sure we can address any co-parenting disagreements that come up when we are faced with parents who disagree about vaccinating their children. This type of disagreement is not new, there are parents who have different views on childhood vaccinations, but COVID-19 had added an extra layer. Even if you are or have been against vaccinating your children, are you going to allow the COVID-19 vaccine?

Are COVID-19 Vaccinations a “Substantial Change in Circumstances”?

In the…

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Unhappily married people with children will often contemplate if there is a “correct” age their children should be when they decide to get divorced. A lot of parents will wait until their child is older, or even grown, prior to obtaining a divorce because they feel that it will be easier. While divorcing with adult children does get rid of the component of potentially co-parenting with an ex-spouse, it is no easier for the children. When parents go through a divorce, it is hard for all children, even adult children. Regardless of age, having to navigate family events and milestones…

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The parties signed an agreement that the husband would pay non-modifiable maintenance but then he quit his job. Husband sought to modify the maintenance agreement then, stating that the agreement was required to expressly include the terms “amount, duration, or both” were non-modifiable, and since it did not, he was allowed to modify. The appellate court found that the argument had no support in the statute.

Non-Modifiable Maintenance Case Background

The parties entered into a marital settlement agreement in which Husband agreed to pay his wife maintenance in the sum of $5,000.00 per month for four years. Neither the marital settlement agreement nor the…

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When Guardianship May Be Necessary for a Child

Guardianship for a child generally becomes necessary when the child’s parents are no longer able to care for their child on a long-term basis. When a child no longer has a parent who can make decisions for them, an adult needs to be appointed as the caregiver and decision-maker for that child to ensure that the child is cared for in the absence of their parents. Without the authorization granted by a guardianship, caregivers can often find they are unable to access medical care, enroll the child in school, or make other critical decisions for that child.

There are also…

Anderson & Boback Family Law

When Everything Is On The Line, You Need An Attorney You Can Trust, That Will Advocate & Fight For Your Family! We Can Help!

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