Anderson & Boback Family Law Attorneys

Part 1: Military Divorce: THE FROZEN BENEFIT RULE The following is the first of a 4 part series on the changes you need to know to stay up to date on changes affecting Military Divorce , as presented by Janice Boback at the National Business Institute Continuing Legal Education for Professionals last month. The Frozen Benefit Rule Defined The Uniformed Services Former Spouses Protection Act (USFSPA) 10 U.S.C.§1408 was amended through section 641 of the NDAA (National Defense Authorization Act) to include a provision which re-defines the military retired pay that DFAS can divide.  The Rule provides for a uniform method of pension division in that the military member retires on the day that the judgment for dissolution of marriage is entered.   The new rule applies to active duty members of the military, National Guard or Reserves, who get divorced after December 23, 2016 when the amount divided will be “frozen.”  The military pay that Defense Finance Accountin...

One of the most common questions that arises when parents are not married is who has custody of the child. If those parents are in Illinois and told custody is now called “allocation of parental responsibility” it can become more confusing. Are Parental Responsibilities the same as Custody? In Illinois, we have completely abolished the word “Custody”. The term   “custody”   referred to two different things: (1) physical possession of a child, or where a child primarily resides, and (2) legal decision making for the child. We now have abolished physical custody in Illinois and replaced the legal term with “Parenting Time”. Parenting Time refers to the schedule of where the children live and spend time on very specific days. It is simply a schedule. This has replaced physical custody or residential custody in Illinois. Allocation of Parental Responsibilities have replaced “legal custody” in Illinois, or decision making for the child. The person who has Allocation of P...

When a noncustodial parent receives personal injury settlement do not assume the settlement funds are not income for purposes of child support . In a recent Illinois appellate decision the court found the net proceeds from a noncustodial parent’s personal injury settlement as income for child support purposes. Personal Injury Settlement: Damages for Pain and Suffering and Disability Relevant to Child Support? Larry and Cara received a judgment of dissolution in Texas. As part of that judgment, Cara was awarded the majority of parenting time with the parties’ minor child, and Larry was ordered to pay child support. After the divorce, Cara and the minor child moved to Illinois and Larry moved to Nebraska. A year later, Cara went back to school and she reached an agreement with Larry to take custody of their child. They agreed that she wouldn’t pay child support because she was a student. In March 2015, Larry filed a petition to set child support, as Cara was no longer a student. ...

You just got served with Illinois divorce papers or a child custody action. So now what? Whether or not you suspected this might happen, once you’ve been served there is no time to waste. First of all, do not ignore the fact that you have been served. Be forewarned. If you have been served with a Petition for Dissolution of Marriage or a Petition for Allocation of Parental Responsibilities you only have so much time to alert the court that you intend to be involved in the legal proceedings. The way you do this by filing your “appearance” in the matter which means filing and Answering the Petition for Dissolution (or Petition for Allocation of Parental Responsibilities It’s important to understand that once you have notice of the action, the filing party can usually move forward without your involvement even if you fail to file your appearance in the matter. How Do Family Law Court Proceedings Begin? When cases are initially filed, the filing party must provide the other p...

On July 18, 2018, members and guests gathered for the Illinois State Bar Association’s (ISBA) Annual Awards Ceremony and Reception at the Roanoke Restaurant in Chicago. This was an exciting evening for our firm as our colleague and friend, Jessica Marshall , received the her award as the ISBA Young Lawyer of the Year for Cook County for 2017-2018.   During the award presentation, the ISBA recognized Jessica for her important role “mentoring other associates and staff focusing on the importance of civility in the practice of law” and participation in the ISBA Standing Committee on Women in the Law.  With this prestigious award, the ISBA honors the extraordinary commitment and dedication of a young lawyer who has provided outstanding service to the Illinois population. Each year only two outstanding lawyers are chosen to receive this honor – one from Cook County and the other from any of the other Illinois counties.   We’re thrilled for Jessica and know this awar...

  Illinois orders of protection are serious business.  Orders of protection require you to cease all contact with the person holding the order. People charged with an order of protection don’t always realize what they can and cannot do in order to keep the order of protection from turning into a criminal conviction.  It’s critical for your future to understand the power and implications of an order of protection. Civil and Criminal Orders of Protection Types There are “civil” and “criminal” orders of protection.  Typically, if you are charged criminally (arrested and charged with a battery for example), the State will also secure a criminal order of protection for the victim.  But civil orders of protection can result in criminal charges if they are violated.   With a civil order of protection, you have to be careful that you not only stop communicating with the other party who secured the order, but you cannot contact their family, friends, ...

In family law cases, violating court orders is common and it is important to understand that there are different types of violations of family law court orders with different consequences.  From child custody to child support orders and discovery demands and financial issues, different types of violations are dealt in a different manner. Thus, the way in which the court will address the violation is dependent upon the type of violation. So, the first question to answer is “What type of violation of court order is it?” Indirect Civil Contempt Violations When the violation is something remedied by encouraging the person violating the court order to act, and their violation takes place outside of the courthouse, that is often Indirect Civil Contempt.   For example, a failure to pay child support could be considered an Indirect Civil Contempt violation. The question of whether or not the violation qualifies as contempt turns on whether the violation is “willful” or n...