Custody

/Custody

THE COURT SHOULD HAVE GRANTED THE REQUEST FOR NAME CHANGE

The mother of the minor child filed a petition to change the minor's legal last name.  From that of the child's father (an inmate in Department of Corrections) to that of the minor's stepfather. The Trial Court denied the mother’s petition.  She appealed. The Appellate Court found that the Trial Court had erred.  The Trial [...]

By | June 11th, 2019|The Best Interests of the Child|0 Comments

DEFAULT JUDGMENT DOES NOT END THE LITIGATION

The parties had been married in Iowa. They lived together until wife moved to Illinois. Wife filed a Petition for Dissolution of Marriage in Illinois. Summons was issued to husband.  He was then a resident of the state of Georgia.   He was personally served. The petition for dissolution requested that the court award wife a [...]

SOCIAL SECURITY DISABILITY INCOME IS PART OF INCOME FOR CHILD SUPPORT PURPOSES

In the divorce decree, the parties shared custody of their minor child.    A determination had already been made that the child was entitled to SSDI dependent benefits based upon the husband’s disability. The trial court took that information into consideration.  As well as the parties’ respective net incomes, maintenance payable by the wife, and the [...]

By | May 8th, 2019|Child Support|0 Comments

YOU CAN’T CALL CHILD SUPPORT MAINTENANCE

The Trial Court initially awarded the wife $6,000 per month for maintenance.  And $6,000 per month for child support for a single minor child.  Husband earned $550,000 annually.   The Trial Court then reconsidered the awards.  It then ordered $15,000 maintenance and no child support.  Should the maintenance terminate while the child remains unemancipated, then [...]

By | April 25th, 2019|Child Support, Spousal Maintainence|0 Comments

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