Anderson & Boback Family Law Attorneys

DIVORCE PROPERTY DIVISION: ALLOCATING ASSETS, DEBTS, AND LIABILITIES Divorce property division can be a complex area of an Illinois divorce. When dissolution proceedings are initiated a number of issues typically arise. One of the biggest tends to be the allocation of the parties’ assets and debts. If there isn’t a pre-marital agreement, the parties will likely have a lot to discuss and there may be some confusion regarding what is truly on the table. What is Considered “Property” in Divorce? When you hear the word “property” you may think of real estate and land. That is correct and those are considered “real property” in the legal world. However, there is also “personal property,” which is everything that is not considered real property. The typical examples of personal property involved in divorce include: automobiles, money, bank accounts, investment accounts, furniture, personal belongings, retirement accounts, etc. How is Property Classified in Divorce? In an ...

When parents split up or divorce, child support orders are certain, however, many questions may remain regarding the financial contributions to college expenses. Below we discuss the most frequently asked questions we hear from parents about contributing to college expenses. Is Payment of College Expenses Part of a Child Support Order? If you are party to a child support order, you may be wondering if there is any provision for college expenses once your child reaches the age of 18 or graduates from high school.  The answer is not clear-cut for all individuals and may depend upon various factors. Typically, child support in Illinois stops when your child turns 18 years of age, or upon graduation from high school, whichever comes later.  Support will end altogether at age 19 even if the child is still in high school. Once child support ends, it is important to start your case for contribution to college expenses immediately.  Do not procrastinate as it is diff...

When it comes to child custody jurisdiction , Illinois child custody laws have adopted the Uniform Child Custody Jurisdiction and Enforcement Act, otherwise known as the UCCJEA.  This law has been adopted by many United States jurisdictions to ensure that all jurisdictions use the same criteria when determining what state has jurisdiction for child-related issues.  This makes sense because having multiple courts in multiple jurisdictions entering conflicting orders relative to children would be messy and not in anyone’s best interests. What is the “Home State” for Child Custody Cases? For child custody cases which have not yet been filed, the “home state” determines where initial jurisdiction should lie for child custody or allocation of parental responsibility cases.  The home state is the state where the minor child most recently resided for a period of six (6) months prior to the proceedings. Keep in mind, that 6 month period does not include any temporary abse...

Child Custody agreements are now referred to as “Allocation Judgments” in the state of Illinois, allocating parental responsibilities to each parent in piecemeal fashion.  Parents may choose which responsibilities they will be responsible for such as one parent taking responsibility for school decisions while the other maintains decisions for medical care. Allocation Judgments may also be written so that these responsibilities continue to be shared.  The establishment of a parenting plan is now required under the Illinois Marriage and Dissolution of Marriage Act, addressing the allocation of parental responsibilities regarding time spent with the child and decision making which affects the child. If faced with child custody or allocation judgment decisions, be sure to work with an experienced family law attorney who can help you sift through the legal language to help you determine what is best for your child. Child Support and Modification in Illinois If you are enter...