Anderson & Boback Family Law Attorneys

Think you’re ready to sign an Illinois Voluntary Acknowledgement of Paternity?   If you’re not married and pregnant, establishing paternity for your child is more complicated than for a married couple giving birth. When a child is born to a couple that is married, that child is automatically presumed to be a child of the marriage under Illinois law.  This means that the mother’s spouse is presumed to be the child’s father, unless another individual is named and recognized as the biological father under Illinois law (typically by way of DNA testing.)  Paternity laws have recently expanded to same-sex couples by case law in Illinois. This means if a child is born naturally to a woman who is married to another woman, the non-birth parent is presumed to be the child’s second parent since the child was born during the parties’ marriage.  However, when a child is born to an unwed mother there really isn’t a “presumed” parent.  In such situations, some parents wish...

  Divorces can be complicated and emotional to begin with, dealing with a complex and high-net worth divorce can become even more contentious.  When a wealthy couple with high-value assets decides to divorce, the process could become long and drawn out, with possible irreversible ramifications if not handled correctly.  Don’t leave your financial future to chance, be sure to work with an experienced high-asset divorce attorney to safeguard the assets you’ve worked so hard to attain and to be sure that your divorce and property division is fair and equitable . Anderson and Boback for High-Asset Divorce Representation Anderson & Boback are high asset divorce attorneys in Chicago with experience in protecting the assets of wealthy couples going through a divorce.  We are fearless about protecting your rights and standing up for your interests.  High net worth divorces must be approached with a well thought out plan from professionals who have experien...

If you think it may be time to  modify child support  ordered by an Illinois court, here’s what you need to know. Child support amounts are determined based on the  Illinois Child Support Guidelines . Guideline child support is calculated by first determining the parties’ combined net income. This model of calculating support is referred to as “income shares.” That is because our State believes children should be entitled to the same standard of living that they would have had if their parents stayed together. Once the amount for child support is figured out an order is entered with the Court. However, financial situations may change after the support order is entered. As we know, life tends to happen. The paying parent’s income could significantly increase after the order is entered or the child’s expenses could increase. The possible changes are endless. Illinois Child Support Modification Pursuant to Section 510 (a) of the Illinois Marriage and Dissolution of...

  The Divorce Discovery Process, in General Discovery in divorce is the legal process in which parties can “discover” information regarding the financial information of the other party.  Because an overwhelming amount of people going through the divorce process have little understanding of what marital assets they have, what marital debts they have, what their spouse’s income is and other financial information, discovery is very important and relevant to the divorce process .  In parentage cases, it is expected that the vast majority of the parties involved with each other romantically do not know their ex-significant other’s financial situation.   So, what does one do who has no idea what the financial status is of the person they are suing?  In matters such as divorce, or support related matters, financials are relevant, and the information needs to be transparent regarding the parties’ respective financials.   In situations where the partie...

I seem to get a lot of questions like this lately.  When people are seeking out a divorce attorney, they always want to know what they can do with their money.  Can they take all of their money out of the bank?  Can they take half of it and secrete it from their spouse?  Can they spend it? Under the law, when a party in a divorce case takes money and spends it, it can be considered dissipation.  The money must have been taken during a time when the marriage was undergoing an “irretrievable breakdown” and must have been spent on something not of a marital purpose.  Most marriages start breaking down long before the first divorce petition is filed, so spending the money a month before you file for divorce will still be considered dissipation.  There is no bright line to figure out what is dissipation and what is not.  If the money was taken and spent on gambling, I believe that would be considered dissipation.  If the money was taken and use...

Courts have included individual retirement accounts (IRA) disbursements representing deferred employment earnings, receipt of company stock from employment stock options, workers’ compensation awards, and the proceeds from pensions as income under the Illinois Marriage and Dissolution of Marriage Act“(IMDMA”). See In re Marriage of Lindman, 356 Ill.App.3d 462, 824 N.E.2d 1219, 291 Ill.Dec. 969 (2d Dist. 2005); In re Marriage of Colangelo, 355Ill.App.3d 383, 822 N.E.2d 571, 290 Ill.Dec. 986 (2d Dist. 2005); Illinois Department of Public Aid ex rel. Jennings v. White, 286Ill.App.3d 213, 675 N.E.2d 985, 221 Ill.Dec. 561 (3d Dist. 1997); In re Marriage of Klomps, 286Ill.App.3d 710, 676 N.E.2d 686, 221 Ill.Dec. 883 (1997). However, using the same statutory definition, other courts have determined that withdrawals from self-funded IRAs and proceeds from the sale of residential property do not constitute income under 750 ILCS 5/505(a)(3). See In re Marriage of O’Daniel, 382Ill.App.3d 845, 8...

There are quite a few variations of   attorney’s fees   in divorce cases and how those fees get paid during and after a divorce. Generally, there are Interim and Prospective Attorney’s Fees and Costs, contribution due to inability to pay (or if a spouse has a greater ability to pay) as well as contribution to attorney’s fees because someone was found in contempt of court. Additionally, attorney’s fees may be paid as a sanction for discovery violations or non-compliance, as well as a monetary sanction for an improper or untrue filing. What Exactly are Interim and Prospective Attorney’s Fees? Interim fees and prospective fees are fees one can obtain while a case is ongoing to “level the playing field”, so to speak. They are more commonly awarded in pre-decree dissolution of marriage actions, where there is a marital estate consisting of money and property that will be divided in the Court in a final dissolution order. This is because an interim and prospective attorn...

What happens when parents do not stay together, and disagree on child related issues? When a child is brought into the world there is no guarantee that the child’s parents will stay together, whether they are married or not, at the time of the birth or adoption. If someone takes action in court, then a Judge will decide what is in the child’s best interests based on Illinois child custody laws if the parents are not able to come to an agreement on their own.  In this article, we discuss what to expect in a typical  child custody process  in Illinois. In general, it is best when parents can come to an   agreement regarding their child . Who is to make the big decisions relating to the child’s education, healthcare, involvement in extracurricular activities, and religious upbringing? Where will the child attend school? How will the parents share time with the child? What about holidays and vacations? There are several items to address when resolving child custod...

  Protecting the best interests of the child is paramount in child-related cases. In most cases, the child’s best interests are usually protected by at least one parent or by both parents. In the case where neither parent can agree on what is in the best interest of their child, the court on its own motion or that of a party may appoint an experienced family attorney to serve as either a Child Representative, a Guardian Ad Litem or an Attorney for the child ( 750 ILCS 5/506 ). The two most commonly appointed by the court to represent the  child’s best interests  are either a Guardian Ad Litem or Child Representative. Both the Child Representative and Guardian Ad Litem are similar in that both are granted investigative powers and can interview the child, both parents, and any other interested party to the case. They both also submit a written report to the court regarding their recommendations based on the child’s best interests. What is a Child Representative A...