As Chicago family law attorneys, we are often asked by clients if a 50/50 parenting plan is possible for children following a divorce. Recently, the Appellate Court reversed a trial court’s ruling giving the parents a 50/50 schedule in the case In re Marriage of Rachael Virgin and Justin Virgin [2021 IL App (3d) 190650]. The case is an interesting read because one justice dissented from the ruling and the pros and cons of a 50/50 parenting plan are discussed in great detail.

Case Background

The parties each filed a motion against the other after their marriage. Justin filed a motion for…


Electronic parenting time has remained consistently included in parenting agreements for some time in Illinois. Usually, the electronic parenting time is in the format of video chat, via an application such as FaceTime, Skype, or Zoom, to name a few. Parenting time via electronic means can still, however, be a bit controversial, depending on each individual situation.

Pros to Electronic Parenting Time

Electronic or virtual parenting time can be very beneficial for families where the minor children might not otherwise see the other parent in person. Phone calls can be impersonal, especially for a young child, and they are not as engaging as seeing someone…


Child support agreements addressing requests for “other expenses” can help avoid trips back to court. There is often a lot of litigation over setting a child support amount, mostly because the obligor claims he cannot afford it. What often comes as a shocker is when non-custodial parents realize financially supporting a child involves more than just “child support”. Per 750 ILCS 5/505, Illinois law provides that the non-custodial parent is also responsible for 50% of other expenses, including but not limited to: uncovered medical expenses, child care, education, and extracurricular activities.

Child Support Agreements and Non-Custodial Parent’s Responsibility for 50% of Other Expenses

As child support lawyers, we work to protect our…


When a divorce is close to becoming final, one of the last things you will discuss with your Chicago divorce attorney is the need for Insurance. Once you have negotiated the terms of the spousal maintenance or alimony that you are going to receive the amount of child support and payment of child-related expenses that each parent is going to be responsible for and there may be a college expense component or even support for a child over the age of 18 if you have a disabled child, you will talk about Life Insurance and Disability Insurance. It is important…


Congress recently enacted the “American Rescue Plan Act of 2021” which has recently provided and will continue to provide thousands of dollars in stimulus funds to many families. The bill provides different amounts to different people who fall into different adjusted gross income brackets, and also varies by filing status.

Third Stimulus Check — What You Need to Know

Single Filers

Filers who file “Single” may receive up to $1,400 if their adjusted gross income is $75,000 per year or less. Single filers who earn between $75,000 and $80,000 in adjusted gross income will also receive a check but at a reduced amount.

Married Joint Filers

Married couples filing jointly can receive up to…


One of the most overlooked areas in a divorce decree is the tax implications of the agreement. Family Law Attorneys are not ethically able to give tax advice in Illinois, which is why clients are often encouraged to speak to their accountant regarding the tax implications of a divorce decree. However, there are general, important tax considerations in a divorce decree and how they can impact your agreement. These repercussions need to be considered during the negotiation stage. Clients can severely undermine the use of an accountant in the early stages of divorce negotiations. …


Right before a divorce is filed, spouses are usually in a hurry to try and protect their assets from a possible distribution at the time of a divorce. Sometimes this is done clearly in a bad-faith manner, such as gifts or transfers of money to a sister or girlfriend’s account. However, other times, the parties are not aware that certain transfers or gifts, such as the transfer of an account to a child either of or outside of the marriage are problematic.

Gifts or Transfers of Funds to a Child and Dissipation

While transferring or gifting money or assets to a child may sound harmless, these types of transfers or…


Bill and Linda are divorcing after 27 years of marriage — one of the richest couples in the world. Famous for many things but included in their legacy is their philanthropy and the amount they have given away to charitable causes the least of which is their generous donations towards the fight against COVID-19. Bill Gates who co-founded Microsoft is worth an estimated 124 billion dollars. The couple filed a joint petition for divorce in Seattle court this week and indicated that they have already reached an agreement as to how to separate their property.

Bill Gates co-founded Microsoft in…


When parents are no longer together, living far away from a child’s other parent can make parenting time schedules extremely complicated. Between arranging for travel back and forth as well as figuring out logistics, it can be complex to try and come up with an adequate schedule for the children and their other parent. There are many factors that contribute to the design of long-distance parenting plans, in particular, how far away the parents live from each other. If it is a few hours by car, that is a different situation than someone who is a plane ride away, halfway…


Although we tend to put judges on a pedestal, we need to remember that judges are people too. Outside of the vacuum of the Domestic Relations Division, family law judges attend social events, enjoy the outdoors, and participate in occasional club or organization meetings. That is why there are rules in place to ensure that these outside forces and interests do not penetrate your case’s bubble in the interest of fairness and impartiality. Here, we discuss the different ways that you can substitute your judge and the different scenario’s where each rule applies.

When Can I Substitute the Judge in My Divorce When I Do Not Have a Specific Reason for Doing So?

Each party in the divorce proceeding is…

Anderson & Boback Family Law

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