Posted on December 17, 2015 in Child Support

There are a number of myths circulating about child support in Illinois. Unfortunately, believing one of these myths can cause big legal headaches for you. Learn the truth about child support payments in Illinois:

Myth 1: I Can Send Child Support Payments Directly to the Other Parent

Facts: There are many reasons why it is a bad idea to send your child support payments directly to the other parent. First, if the other parent claims he or she never received your payment, the dispute will descend into a “he said/she said” situation that is difficult to win. Next, submitting your payment to the court (or the agency designated in the child support order) is the surest way to demonstrate to the court that you have satisfied your obligations. Finally, in some cases it may be illegal for the other parent to receive child support directly. In summation, only send your child support payments to the address listed on the order.

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 Posted on December 15, 2015 in Divorce

Lawyers often develop long-term professional relationships with their clients, especially when the attorney is only one of a handful of attorneys in the local area (as is often the case in rural parts of the state). The same attorney a young couple consults for advice during their first home purchase is likely to be the same attorney the couple goes to when looking to start a new business or when they need to establish and amend their estate plan. The trust and feelings of comfort that such a professional relationship engenders are not easily replaced. When the couple determines that their marriage is not salvageable and a divorce is needed, both spouses may run to the same attorney they have known and turned to for years. Not only may this attorney not be the best choice to handle their divorce, but ethical rules governing conflicts of interest may also prevent the attorney from representing either of the spouses during the divorce.

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 Posted on December 10, 2015 in Child Custody

The holiday season can sometimes be an especially stressful for children of divorced parents. Between holiday dinners and get-togethers, completing schoolwork that may be assigned over the winter break, and finding time to spend with friends, it is no wonder that some children may be reluctant to spend a weekend or longer with the nonresidential parent – especially if that parent lives hours away from the child’s home or if the child does not have a good relationship with the nonresidential parent. If your child refuses to spend time with the nonresidential parent when it is that parent’s scheduled parenting time, what options do you have as the residential parent?

Option 1: Negotiate with the Other Parent

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 Posted on December 08, 2015 in Mediation

In certain divorce cases, mediation can be a powerfully effective way for spouses to quickly and inexpensively resolve their differences in a divorce proceeding. Mediation is a form of alternative dispute resolution in which the divorcing parties sit down face-to-face with a mediator. The mediator is supposed to be a neutral third party who encourages the divorcing parties to dialogue about their differences in an attempt to find a mutually-agreeable resolution. Mediation can be used to resolve disputes concerning:

• Valuation of disputed marital assets;
• Property division and/or division of debt;
• Child custody and parenting time arrangements; and/or
• Other disputed issues.

Despite its cost-saving benefits, mediation comes with its drawbacks as well. The usefulness of a mediation session depends in large part on the mediator him- or herself. This is why it is important to choose your mediator wisely.

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 Posted on November 26, 2015 in Child Custody

Courtroom dramas on television and in the cinema often have as the climax of their stories the testimony from an experienced witness. This testimony “seals the deal” for one of the parties and makes a judgment in their favor inevitable. Whether it is the ballistics expert from the crime lab or the seasoned psychologist who provides the crucial insight into the killer’s mind, these courtroom shows can leave someone with the impression that the litigant who can present testimony from an expert has a distinct advantage over the other litigant in the courtroom. But is this assumption true?

Experts Help Judges and Juries Understand Specialized Information

It may surprise some people to learn that expert witnesses are not always permitted in every case. In most cases, an expert witness is only permitted to testify where there is some scientific or other complicated evidence that a normal individual with no specialized background or education would understand. The court will ultimately decide whether an expert witness is necessary in a given case.

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 Posted on November 24, 2015 in Child Custody

News outlets from across the country reported on the recent child custody decision in which the judge found a mother to be an abusive and neglectful parent and refused to allow her three children to be returned to her custody. The mother was convicted of child endangerment after she and her ex-boyfriend allegedly carried out a plot in 2003 that resulted in the deaths of the woman's three children that she had at the time. Attorneys for the woman had attempted to argue that the three children taken from the mother in the present case had not been the victims of abuse. The judge, however, did not accept that explanation and found that he did not have to wait for the children to be injured before removing them from her custody.

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 Posted on November 19, 2015 in Divorce

A personal injury accident can happen at any time and under a variety of circumstances. Neither single individuals or married couples are immune from the risk of being injured in a personal injury accident. Depending on the extent of the victim’s injuries and associated expenses, the victim can be awarded a substantial sum of money (sometimes called “damages” or a “compensation award”). These awards are meant to compensate the injury victim for medical bills, lost wages, and pain and suffering (amongst other losses). But will an Illinois divorce court order such an award to be divided if the victim and his or her spouse divorce? The answer: It depends.

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 Posted on November 17, 2015 in Divorce

An otherwise forgettable New York divorce case made national news after the judge in the case ruled that the woman seeking a divorce from her husband could serve him with the divorce summons using a private message through Facebook. When the couple split, the man left his residence without leaving a forwarding address. Not only this, but he has no address on file with the Department of Motor Vehicles and is not employed. The only contact the woman has had with her estranged husband is an occasional message via Facebook. Based on this, the judge found that service by Facebook of the divorce summons was the method most likely to apprise him that a divorce petition had been filed and what he needed to do to respond.

Service of Process – The What and the Why

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 Posted on November 12, 2015 in Divorce

In a previous post we discussed the process of substituting a judge in your divorce case. You may recall that a judge who is assigned your divorce case has an obligation to automatically recuse him- or herself if he or she believes that he or she cannot be fair and impartial to either party. Also, the law of Illinois allows each party in a civil case an opportunity to request a substitution of judges without having to provide an explanation or reason as to why the substitution is requested. This must be done, however, before the judge you are wanting to be substituted has made any substantive rulings in your case.

Even where a judge has made substantive rulings, it is still possible to have the judge substituted and a new judge appointed. However, you must be able to show cause as to why the substitution should be granted.

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 Posted on November 10, 2015 in Divorce

Sometimes it appears as if one party in a divorce case just cannot seem to get anything to go his or her way. Although a court cannot choose to favor one side of a divorce action over another simply because one side is represented by counsel and the other party is proceeding pro se, it does appear that pro se divorce litigants have a more difficult time having motions and requests approved by the court.

This situation may lead the party against whom the court is constantly ruling to conclude that there is only one logical explanation as to why he or she just cannot seem to get the court to rule in his or her favor on any matter: the judge must hate him or her. If you feel as if a judge is biased or prejudiced against you, is it possible to get a new judge appointed to your case? The answer is “yes,” but it does take some work on your part.

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