Most people know a neighbor, friend, or family member who provides full-time care for a grandchild. In fact, grandparents raising grandchildren is a growing trend among families in the US. According to the AARP, nationwide nearly 5.8 million grandchildren live with their grandparents, and it is estimated that over 2.5…
One thing that occasionally complicates a divorce is when a spouse has an ownership interest in a non-marital business. Countless hours of hard work have gone into the business, there are stocks and ownership interests involved, or perhaps one spouse has control over the business and the other has none. …
Circumstances can arise when, for various reasons, a child is not in the possession of one or both of his or her parents and certain non-parents might seek to obtain an allocation of parental responsibilities (formerly known as “custody”) and parenting time (formerly known as “visitation”). In Illinois, non-parents can…
An issue that often arises during or after a divorce or parentage case is the relocation of the children. The parents have separated, and each has their own home and parenting time with the kids. Then, the parent with whom the children reside most of the time (the residential parent) decides…
Until January 1, 2016, Illinois law addressed disputes regarding child-related issues in divorce and parentage cases in terms of “custody” and “visitation.” The term “custody” referred to both decision-making authority regarding the children (called legal custody), and where the children lived the majority of the time (called residential custody). The…
For over thirty years, child-related issues of unmarried parents had been governed by the Illinois Parentage Act of 1984. However, on July 21, 2015, Governor Bruce Rauner signed the Parentage Act of 2015 (the “Act”) into law, which revamped the old version by updating outdated terminology and concepts. These changes…
Imagine the following scenario: Donald and his wife Melania decide they want to get a divorce. Donald has been employed as the President of the United States for the past two years, where he earns a salary of $400,000, and receives travel, expense, and entertainment perks. Melania mostly spends her…
Divorces in Illinois have been governed by the Illinois Marriage and Dissolution of Marriage Act, originally enacted in 1979. Since then, changes in family dynamics, including recent developments in Illinois law related to same-sex marriage, parentage, adoption, and in areas of embryo preservation and rights, rendered the law outdated and…
In most child custody, adoption, and foster care placement cases, Illinois state law governs. However, Congress passed a federal law in 1978 called the Indian Child Welfare Act, also known as “ICWA,” which creates a different burden of proof and set of standards for Native American children in child custody, adoption,…
Divorce matters can be complicated, regardless of the employment status of the parties. But when one or both of the spouses is a member of the military, several issues come into play. This article will address health benefits, retirement pay available to spouses of military service members, and child support.…