Anderson & Boback Family Law Attorneys

While every divorce is as unique as the couple going through it. each divorce case deals with the same issues. Are there children? Then you’ll need to decide what the parenting schedule will be. Where will your child live? Do you have pensions and other retirement accounts? Then you’ll need to divide those up between the two of you. But what about a high earner or  high asset divorce ? Common Issues in High Asset Divorce There are a number of questions that arise in a high asset divorce. Is there a family business or a spouse who has a high income with multiple employment benefits that you don’t understand when you look at the paperwork? How do you handle the various employee benefits, including stock options, deferred compensation, and business valuations? Your divorce attorney should know how to deal with these complex assets and know-how they should be divided. If your case needs a business valuation, your attorney won’t be doing the actual valuation, but the attorney wi...

One of the biggest challenges parents face in Illinois family law cases relates to calculating child support under the revised child support statute. In Illinois family law cases, the child support statute requires income information from both parents in order to calculate support, as well as a parenting time schedule. 3 Challenges in Calculating Child Support Under Illinois Law Under the old Illinois statute, calculating child support it was only required that a parent know their net income and a simple percentage calculation told them what their child support obligation would be. Judges and lawyers could easily calculate a rough estimate for child support off the top of their heads. Now, changes in the child support calculation in Illinois has moved to income sharing which makes things a bit more complicated. 1 – Setting Temporary Child Support TEMPORARY SUPPORT UNDER THE OLD STATUTE First, in a new case, setting a temporary child support order for the pendency of the c...

One of the common issues parents deal with when going through a newly filed divorce is how to deal with pre-planned vacations and travel out-of-state with the minor children. Whether a divorce, child custody or paternity action, these cases usually occur at the least convenient times. When parents make decisions to take each other to Court it is not necessarily something that has been planned months in advance. While a family law case is pending my clients often want to know if they have a right to leave Illinois with the minor children — whether for a planned vacation or similar type of trip. My answer is almost always that it is best to try and enter an Order regarding a trip instead of just rather than just taking one. to ensure everyone understands the absence is temporary. Otherwise, poor communications between the parties could result in the non-traveling parent believing that the traveling parent is not returning the minor children. If that happens, it co...

As  Chicago child custody lawyer s, we are getting a lot of these questions lately about being able to  vaccinate  a child without permission from the other parent. There is no easy answer to this question. Whether you need permission from your ex to vaccinate your child will be found in your parenting order. Violating a Court Order When Your Vaccinate Without Permission? If you need a joint decision for medical care, and you vaccinate without permission, you could subject yourself to contempt in court for violating a court order. You might have already agreed with your ex that medical decisions will be made jointly. Or that one or the other has the sole decision making regarding medical decisions. Even if your ex has sole decision making for medical, if you believe that your ex isn’t acting in your child’s best interest, you can bring the matter to the court. Taking a Vaccination Case to Court I recently had my first case on the subject of whether a father could ...

Ever wonder how the courts deal with  Social Security dependent benefits  received by a minor child when parents divorce? The payment of social security dependent benefits can become a point of contention when parents are no longer together and child support is in question. Recently, the Third District Appellate Court in Illinois ruled on this very issue and held that Social Security disability benefits are to be paid to the parent, for the support of that minor child who has the minor child in their care. Minor Child Entitled to Social Security Dependent Benefits When Parent is Disabled In the case of  Benyon and Benyon, (2019 Ill App 3d 180364)  the parties were divorced in January of 2018 and awarded shared custody of their minor child. The husband had a disability and the minor child was entitled to Social Security Disability Insurance (SSDI) dependent benefits based on that disability. In the divorce, the court did not order either parent to pay the other...