Anderson & Boback Family Law Attorneys

Today more Chicago couples are turning to collaborative divorce. For most of us, the word “divorce” brings to mind lengthy court battles, tens of thousands of dollars spent on  attorneys’ fees , heartbreak, anger, and endless custody disputes. While it is true many of those cases exist, there are couples who would like to take a holistic and collaborative approach to the dissolution of their marriage. For those couples,  Illinois Supreme Court Rule 294  should make collaborative divorce is a more effective option While collaborative divorce has been used for a while in Illinois, the process was not enacted into law until August of 2017 and the statute did not become effective until January 1, 2018. The statute is  750 ILCS 90/1 . Pursuant to the new statute, each party must sign an agreement meeting the requirements of the statute that sets out the parameters and each parties’ intentions. The Collaborative Divorce Process – How It Works In a collaborative d...

Big changes are coming to the Illinois spousal maintenance law (spousal support) specifically Section 504 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). This section deals with maintenance, which was formally referred to as “ spousal support ” or “alimony.” The changes are set to take effect on January 1, 2019. This is big news for anyone currently involved in divorce proceedings and parties who are contemplating filing for dissolution in the near future. If maintenance is a factor in your divorce you will want to speak to an attorney regarding the below-mentioned changes, as there will be a difference between Judgments for Dissolution of Marriage entered before and after January 1, 2019. First, is Spousal Maintenance Appropriate? Before discussing the details of maintenance (duration and amount) the court must still make a finding that maintenance is appropriate given the specific facts of the case. This is nothing new. There is a threshold question that mus...

II. THE NEW BLENDED MILITARY RETIREMENT SYSTEM (BMRS) The following is the second of a 4 part series on the changes you need to be aware of in order to stay up to date on the laws affecting Military Divorce, as presented by Janice Boback at the National Business Institute Continuing Legal Education for Professionals in July 2018. The Modernized Retirement System for Service Members Entering in 2018 The Modernized Retirement System applies to any new Service Members coming into the military in the year 2018. Already Retired: No change New Service Members: The New Law Others: Choice (old or new) The Fiscal Year 2016 National Defense Authorization Act created a new military retirement system that blends the traditional retirement pension with the Service Members’ Thrift Savings Plan account (a defined contribution account). The new Uniformed Services Blended Retirement System (BRS) went into effect on January 1, 2018. The decision to opt-in is irrevocable and Service members...

  One of the common questions we hear from clients is: “Can I be ordered to pay for child-related expenses in addition to my child support obligation? The simple answer is: It depends. Understanding the purpose of child support and what it is should be used for is the key. Of course, most people are familiar with the term “child support”. However, not everyone truly understands the meaning of legal child support and its purpose. What is the Purpose of Child Support? When you think of child support think of the child’s basic necessities. The intent of child support is to cover the cost and expenses associated with the needs of your child. So what does a child “need”? A child needs to eat, needs a place to sleep, needs to have clothes and shoes, etc. Then remember that both parents have a duty to financially support their child. In Illinois, parents are legally responsible for their child’s reasonable and necessary physical, mental, and emotional health needs. This even...