Anderson & Boback Family Law Attorneys

DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND THE ADMINISTRATIVE APPEALS PROCESS Who is DCFS? The Illinois Department of Children and Family Services (DCFS) is the Illinois government department that handles child protective services. It is assigned with the task of investigating allegations of child abuse or neglect in Illinois. DCFS has the duty to protect Illinois children from harm and abuse. How Does DCFS Learn About Possible Abuse and Neglect Cases? Many people are aware of DCFS and understand their purpose. When child abuse or neglect is suspected many people do report it to the DCFS phone hotline. They also have ways for people to report their suspicions online. DCFS wants citizens of our state to understand that we all, as a society, have a civic obligation to report possible child abuse and neglect. Many people are also what we refer to as “mandated reporters.” These are people that must report any and all suspected abuse and neglect. Typically we

There never is a perfect time to file for divorce… When a marriage is headed for divorce, a question of timing usually plays a big part in when a spouse makes the actual decision to file for divorce. Divorce is a big deal. It’s usually hard to talk about divorce with your spouse, whether you are still together or separated. Divorce is permanently ending your marriage. It’s the end of a chapter of your life. No matter how long you’ve been married, it is going to be difficult. Are You Emotionally Prepared to File for Divorce? Support From a Trusted Therapist One of the best things you can do when you’re thinking about filing for divorce is to seek therapy. Not couples therapy but therapy for yourself. Not everyone is comfortable about speaking to a stranger about their feelings or deepest and darkest secrets but most people would prefer to do this in a professional setting in confidence versus talking directly to their spouse. Therapy is a good place to start so that you ca

I WORK FOR THE FEDERAL GOVERNMENT AND WITHOUT MY PAYCHECK I CANNOT PAY CHILD SUPPORT. WHAT SHOULD I DO? You can’t read a newspaper or watch the news without hearing about the current government shutdown and the over 800,000 Federal employees who are missing paychecks. Most of the articles focus on Congress or the President and who will budge in this stand-off. The articles that focus on the federal employees look at the impact of going without a paycheck and ask how the employees will pay rent or mortgage, electric bills, or credit cards. However, there is another bill that many parents are worried about: child support. Child support awards are governed by the states and not the federal government. This means each state has its own child support guidelines and ways of dealing with past-due child support. Illinois Child Support Payment Rules and the Government Shutdown In Illinois, the non-custodial parent owes a duty of support to their children. This m

How the Court Can Evaluate Your Spouse (or Your Child’s Other Parent) for Mental Illness in Illinois Child Custody Proceedings Often times marriages or relationships terminate due to underlying factors, such as mental health issues. When a parent suffers from mental illness, it can impact all parts of their lives, especially their  ability to parent and co-parent  with the other parent. In Chicago, we often see allegations of mental health issues raised in  family law and divorce proceedings , which the court takes very seriously. When these cases involve children, there are certain remedies the court has to evaluate or otherwise look at the parent’s mental health. Allegations of Mental Health Issues in Cook County Family Law Cases In Cook County specifically, if there are allegations that a parent suffers from mental health issues, depending upon the seriousness of the allegations, the parties could be ordered to Emergency Intervention. Emergency Intervention The parties

  PARENTING TIME, FORMALLY KNOWN AS VISITATION, WHEN THE CHILD IS SICK Sure, it is great when parents are able to truly co-parent for the sake of their children. However, everyone is not so lucky. Many people spend a lot of time working on   Allocation Judgments and Parenting Plans   in court so that they have something to go off of, especially when the parents are unable to communicate effectively. Sometimes parents just end up with whatever the Judge orders when they cannot come to an agreement. Power of a Good Parenting Plan We often tell our clients that the parenting plan is mainly there for times when the parents are not getting along and are having trouble agreeing on something important. If parents are able to talk things out and take into consideration life and the changes that come along with it, then everyone is usually a lot happier. Life Is Unpredictable – Plan for the Unexpected For instance, let’s say the parenting plan states that the mother of the childr

It’s crucial to find the right team members to help you get through your divorce.   I recommend working with people who have personalities who compliment yours and who will constantly be sure your case is heading in the direction to achieve your goals.   Divorce can be emotional, expensive, and extremely confusing .  Having the right team members in your cheering section can ease the difficulties.  Finding cheerleaders you can lean on, ask for professional guidance, and address your concerns is important.  The   right team for your divorce   can make all the difference. Chose Teammates Who Have Your Best Interests My main piece of advice is meeting with everyone on your team in person prior to officially having them jump aboard your ship.  Most professionals possess the competency to do their job. So, I recommend really looking deeper into each relationship and envisioning how they could be an asset to you.  Be sure to get a feel for their communication style or general approa

​ One aspect of a dissolution of marriage is the  division of marital assets .  For many couples, the largest asset is their home. The court has two options when it comes to the marital home.  If there are not enough assets to equal the equity in the home, or neither party can afford to pay the other party for their interest in the home, the Court will likely order the home sold and the proceeds split.  However, if there are other assets or one party can buy the other out, the Court may order the party giving up the home to execute a quit claim deed. Here, we  discuss quit claim deeds  and how you could use them as a vehicle to facilitate asset division in a divorce. When Quit Claim Deeds are an Asset Transfer Solution in a Divorce? A quit claim deed is an easy way to transfer interests in a home.  A quit claim deed has less formality than a standard warranty deed and makes for a quick and efficient transfer among parties who are divorcing. If you and your spouse agree to ex

Many couples filing for divorce chose to remain living together while the divorce is pending.  Sometimes couples remain living together for financial reasons, sometimes because they don’t want to be apart from the children, and sometimes because both parties are both too stubborn to move.  However, in many of these cases a time comes when it is no longer in the parties’ best interests to remain living together.  At that point, what happens?  Who has to move  during divorce proceeding ? Illinois Law Allows for a Temporary Remedy as to Has to Move During Divorce Proceeding  Section 501(c-2) of the Illinois Marriage and Dissolution of Marriage Act  allows for a party to request the Court grant them “exclusive possession of the marital residence.”  This is only a temporary remedy during the divorce proceeding and does not necessarily mean that the party remaining in the marital residence will be rewarded the marital residence in the divorce. When a Motion for Exclusive Possession co