March 2019

MAN DOES NOT WANT TO PAY ATTORNEY FEES

By | March 19th, 2019|Financial Issues When Divorcing|

Husband engaged an attorney to assist him in the divorce.   They executed a written engagement agreement providing for a $ 2500 retainer.   This could be exceeded only by executing a further writing. A divorce was entered.  The attorney who assisted husband filed a petition to set final attorney fees and costs against husband.  The petition [...]

WHAT EXACTLY IS A SUBSTANTIAL CHANGE OF CIRCUMSTANCES?

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

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 [...]

THE PROPER DRAFTING OF A PETITION IS VERY IMPORTANT

By | March 19th, 2019|Custody, Parenting Plans, The Best Interests of the Child|

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 [...]

BE CAREFUL WITH THE DRAFTING OF PRENUPS AND BENEFICIARY DESIGNATIONS

By | March 8th, 2019|Financial Issues When Divorcing, Property Division|

It was a month before they were married.  Toni and Charles signed a "Premarital Agreement." They agreed that the property of each would remain separate after their marriage.  They explicitly waived any right to each other's property. Two years after they were married, wife died. Her estate and her father now seek to enforce the [...]

SHOULD I SIGN THE PRENUP OR DELAY THE WEDDING?

By | March 8th, 2019|Financial Issues When Divorcing|

Wife appeals from an order upholding a pre-nuptial agreement she and husband had signed.  The agreement provided that in the case of a divorce, wife would be given $1,400 per month for six years. She would also be entitled to half of the marital property, including furniture purchased after the marriage. Marital property was defined [...]

February 2019

IS THERE SERIOUS ENDANGERMENT TO THE CHILD?

By | February 27th, 2019|Post-Decree Issues, The Best Interests of 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 [...]

PRIORITY FOR GRANDPARENT VISITATION PETITION

By | February 27th, 2019|Step-parent and Grandparent Rights|

It requires the court to set the first hearing date for a petition for visitation within 45 days of the petition being filed.  It requires that further hearing dates be set in court within 45 days of the prior hearing.   It would allow the court to impose penalties and sanctions on any party that [...]

EMANCIPATION OF MINORS ACT STATUTE POSSIBLE REVISION

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

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 [...]

PETS LEFT OUTDOORS AND YOUR RESPONSIBILITY

By | February 20th, 2019|Pet Issues, Pets|

This took place in Springfield, IL, but could happen anywhere.  Animal neglect investigators are asking Springfield police to take a proactive approach to a law that went into effect in January.   It allows law enforcement to take temporary custody of dogs and cats without adequate shelter during severe weather conditions. The request was triggered by [...]

CAN YOU REPEAT THAT IN COURT?

By | February 20th, 2019|Arlington Heights Protective Order Assistance in Family Violence Cases|

Defendant was charged by information with two counts of domestic battery.  For striking and choking his stepsister.  She was developmentally disabled. He opted for a jury trial.  The court allowed a case worker to testify about what the victim told him.    Defendant was convicted.    The defendant appealed.  He argued that the admission of the case [...]