Custody

/Custody

FILING A TIMELY PETITION FOR COLLEGE EXPENSES

The provisions of a divorce decree may be modified to require one or both parents to provide for the education and maintenance of a child.  Whether that child is of minority or majority age. But, provisions respecting maintenance or support may be modified only as to installments accruing after the filing of the motion for [...]

By | April 2nd, 2019|Child Support|0 Comments

YOU HAVE TO PAY SUPPORT DURING THE APPEAL

The former wife initiated proceedings against the former husband to enforce child-support provisions of their marital settlement agreement.   It had been incorporated in the judgment dissolving their marriage. The Trial Court ordered former husband to pay the child support arrearage.   It set his current child support obligation at $3,000 per month.   It found him in [...]

By | March 26th, 2019|Child Support|0 Comments

WHAT EXACTLY IS A SUBSTANTIAL CHANGE OF CIRCUMSTANCES?

The Trial Court denied husband's petition to modify his child support obligation. The Court found nothing to indicate that husband's child support obligation was based on the parties' mutual understanding.  Husband said they had agreed that wife would remain unemployed so long as husband was paying child support. The court interpreted this as follows.  The [...]

By | March 19th, 2019|Child Support, Financial Issues When Divorcing|0 Comments

THE PROPER DRAFTING OF A PETITION IS VERY IMPORTANT

In dissolution proceedings, The Trial Court entered a parenting agreement.  It granted sole care, custody, and control of the parties' two sons to the children's mother. It is now three years later.   Father filed for modification.   He alleged that his move to Indianapolis was a substantial change in circumstances.  He requested a majority of parenting [...]

IS THERE SERIOUS ENDANGERMENT TO THE CHILD?

It is sixteen months after entry of a judgment of divorce.  The mother of the child brought an action to modify the terms of the agreed visitation privileges of the father. Father filed a counterpetition.  For a modification of custody and for court-ordered psychiatric treatments for the child. The Trial Court denied father's petition.  The [...]

By | February 27th, 2019|Post-Decree Issues, The Best Interests of the Child|0 Comments

EMANCIPATION OF MINORS ACT STATUTE POSSIBLE REVISION

Illinois law provides that a minor may seek emancipation from his or her parents through a judicial order.  In order to become emancipated, a minor must petition the court. A minor needs to demonstrate to a court that he or she will be able to live independently from his or her parent.   Illinois House Bill [...]

By | February 27th, 2019|The Best Interests of the Child|0 Comments

IN CONFORMITY WITH PEOPLE MOVING AROUND SO MUCH

Illinois House Bill 2186 will amend the Illinois Marriage and Dissolution of Marriage Act.  The bill changes the definition of "relocation".  It is revised to mean a change of residence from the child's current primary residence to a new residence within this State. It will no longer be a location in a specific county within [...]

IN JAIL? THAT DOESN’T STOP YOUR CHILD SUPPORT DUTY

The child support statute does not limit what assets the court can reach.  To assure the child support order is satisfied.  The husband was sentenced to 73 years in prison for the attempted murder of his wife.  And the murder of her boyfriend.  The trial court did not order child support as husband had no [...]

By | February 13th, 2019|Child Support|0 Comments

CAN THE COURT MAKE YOU DO YOUR BEST TO EARN INCOME FOR CHILD SUPPORT?

A parent cannot reduce his or her child support obligation by voluntarily leaving their job.   Or working far below his or her ability to earn income. Father was an exterminator.  He left his job to start his own exterminating business.  He invested heavily in the new business.  He earned far less on his own than [...]

By | February 13th, 2019|Child Support|0 Comments

ON A CASE BY CASE BASIS FOR RELOCATION OF THE CHILDREN

Husband and wife were awarded joint custody of the children.  Primary physical custody going to husband.   While school was in session, the children spent 6 out of every 14 nights with wife.   When school was not in session, the children spent alternate weeks with each parent. Later, husband filed a notice of intent to relocate [...]