January 2019

CAN YOU CAP CHILD SUPPORT?

By | January 12th, 2019|Child Support|

The parties’ Marital Settlement Agreement (MSA) capped child support from Husband. He was to pay 28% of his net income up to $300,000.  They agreed he would have no obligation to pay child support on income he received above $300,000. Wife later filed a Petition to Modify and Increase the Child Support. Husband filed a [...]

WHAT MATTERS MOST IS WHAT IS IN THE CHILD’S BEST INTEREST

By | January 12th, 2019|DCFS-related|

The minor was placed in a foster home.  He has resided there throughout the pendency of the abuse and neglect case. The Court focused on the mother’s parental fitness.  It set a goal of the minor returning home to mother within 12 months.  DCFS appealed. DCFS argued that guardianship of the child should be the [...]

I AM NOT THE DAD!

By | January 4th, 2019|Paternity, Uncategorized|

The divorce decree included a child custody agreement.  It was for a minor child born to wife during the marriage.  Wife filed a petition alleging that husband was not paying his share of the child’s expenses. Husband filed a petition to terminate his parent and child relationship with the minor.   Husband had always thought he [...]

FATHER DID NOT TAKE OPPORTUNITIES FOR MORE TIME WITH THE CHILDREN

By | January 4th, 2019|Interstate and International Custody Issues|

Court allowed the wife permission to move from Illinois to North Carolina with the parties' two minor children.  Husband appealed the reduction of his visitation. He had wanted even more visitation with the children than he was now given. When the parties had divorced, the court awarded joint custody to the parties.  Wife was the [...]

PERMANENT MEANS INDEFINITE

By | January 4th, 2019|Maintenance|

Husband was to pay financial support to wife for sixty months.  It was to support both the wife and the parties' then-minor child. Payments were made for sixty months.   Then wife asked the court to extend husband's maintenance obligation. After trial, the court ordered husband to pay permanent maintenance.   And to pay retroactive maintenance dating [...]

December 2018

YOUR PAST CAN FOLLOW YOU

By | December 18th, 2018|Uncategorized|

The parties are in court for a hearing for a two year order of protection.   The mother testified to two specific fact patterns that did not appear in her underlying petition.   (1) that the father had pushed their son into a wall.   And, (2) that the father hit their son in thehead with a cell [...]

WHO’S MY FATHER?

By | December 18th, 2018|Paternity, Uncategorized|

There were allegations of abuse by their father, Jaime D.   A 5-year-old boy, J.D., and his 2 sisters were placed in temporary custody of DCFS.  A DNA test then showed that Jaime D. was not the boy’s father. Mother testified that a different man, Alejandro A., was the boy's father. Jaime D. had signed a [...]

WAS FATHER AN UNFIT PERSON UNDER THE LAW?

By | December 18th, 2018|Arlington Heights Protective Order Assistance in Family Violence Cases|

Father’s parental rights to his minor child were terminated.   Before the child’s birth, father had been convicted of at least three felonies.  Therefore, father was “depraved”.  This was the basis of his loss of parental rights.  He was an unfit person under the law. The court recognized that one of the felonies had been found [...]

CAN’T I HAVE TWO FATHERS? YES, SORTA

By | December 5th, 2018|Adoption, Family Law Issues, Uncategorized|

If Todd can prove that Robert was his natural father, he may inherit from both his natural father and adoptive parents. A finding in the probate action that Todd is the natural son of Robert would have no effect on the adoption. William Renchen would still be Todd's legal father. Todd is trying to establish [...]

WHAT CAN HAPPEN IF YOU DON’T RESPOND TO DISCOVERY REQUESTS?

By | December 5th, 2018|Family Law Articles, Uncategorized|

The trial court held a hearing on the status of the discovery of this case. Plaintiffs stated that as of that date, the defendant had still not produced all of the requested documents. Defendant's counsel stated that his client was in good-faith compliance with the spirit of discovery. He complained that most of the documents [...]