Anderson & Boback Family Law Attorneys

Child support arrears refers to the amount of unpaid child support owed to a custodial parent.  You fall into “arrears” when you fail to pay the full amount ordered.  When you have a child support order, it is not a suggestion of how much to pay, but the amount you must pay.  Following a court order is important, and especially when dealing with child support since the arrears grow with a 9% interest rate. How are Child Support Arrears Calculated? Nothing can be worse than getting behind in your child support.  Once the support obligation becomes due, even the judge cannot modify the financial obligation.  It is imperative that you pay child support on time and never fall behind since the judgment (and each individual support obligation becomes its own judgment) grows at 9% interest .  A smart parent who is holding the judgment, and believes that there is some collectability from the obligor, can sit on that judgment and let it grow into an incredible amo...

Alimony - or maintenance as it is now referred to in Illinois -  is spousal support payable from one spouse to the other in a divorce case.  Under Illinois law, the right to receive this spousal maintenance terminates if you “cohabits with another person on a resident continuing conjugal basis.”  There is no definition of "cohabitation" in the statute, so this section of the law has been litigated leading to the definition of cohabitation being developed over time by the outcome of these cases.  These cases are important because once your spousal maintenance terminates due to cohabitation, it ends forever – even if the relationship ends you can never get your spousal maintenance back.   Defining "Cohabitation" The word " cohabits" is defined in the dictionary as a verb: "living together without being married" The word " resident " is defined in the dictionary as a noun: "a person who lives somewhere permanently or on a long-term ...

  Keeping children uninvolved in any divorce or family law proceeding is important to minimizing the difficult nature of these legal disputes.  The Family Law Courts in Illinois believe that it is generally not in their best interests for them to be involved in litigation between their parents.  Children should be involved in parenting time or visitation cases as little as possible.  Going to Court can be terrifying and/or intimidating for a minor child.  Being asked specific questions by a Judge or an attorney regarding their preferences as to where they will live places the children directly into the middle of a conflict which is between their parents.  The parents, often so entrenched in their positions, think that the children should be able to voice where they want to live, or complaints that they have about a parent.  In certain circumstances, they may be correct.  However, this is generally the exception and not the rule. Follow These Tips...

  When it comes to evaluating income for support in Illinois family law cases, questions about money received from reverse stock splits, gifts and loans can be answered by looking at what case law has dictated. Illinois Case Marriage of Anderson Defines Income for Support Specifically, In re Marriage of Anderson , 405 Ill.App.3d 1129, 938 N.E.2d 207, 344 Ill.Dec. 938 (3d Dist. 2010), provides a remarkably expansive look, as well as a retrospective, as to what other than earned income may or may not be income for purposes of child support. In the Anderson case, the former wife, in a post-judgment support modification case, claimed that the trial court erred by ignoring three sources of income: The proceeds from the sale of the stock owned by her husband in a closely held family corporation; Bonus and commission income from his new employer; and Gifts and loans that her husband may have received from his parents. Reverse Stock Split Do Not Qualify as "Net Income" The wife firs...

  Is Your Ex Not Allowing Parenting Time with Your Child? If your ex is not allowing parenting time your child, can you hold them in contempt ? The short answer is yes.  Everything in the field of family law often draws a response from the lawyer which sounds like “ it depends. ”  The reason for the “it depends” relates to the parenting order itself and whether clarity exists.  One cannot be held in contempt if there is not a clear order lacking ambiguity. There was a time in court that we would enter orders that would allow the parents to set the schedule themselves.  Something like “Mary and Jack shall facilitate parenting time in the best needs of the child.”  Well, what exactly did that mean?  And if Mary thinks it is in the best interests of the child to see Jack once a week (or less) and Jack thinks he should see his daughter every day, then clearly, we have a problem.  Every one of these cases came back into court to have the judge decide w...

The beauty of a parenting agreement is that the parents can fashion the agreement to fit the specific needs of their family and individual circumstances. As long as the family court finds the provisions are in the best interest of the children then it should be approved.  There are many different issues and areas of importance that are unique to each family (and parent). From discipline style and religious upbringing to participation in high-risk activities and diet choices, parents have a wide range of concerns when it comes to raising children. This is where unique parenting agreement provisions can set forth the required needs and make everyone feel comfortable and provide guidance about a topic.  Examples of Unique Provisions in Parenting Agreements Here are some examples of creative solutions to creating unique provisions in parenting agreements that work for families: Discipline Provisions Parents may have different discipline styles, or they could have had a family dyna...

There was a unanimous ruling by the Illinois Supreme Court on September 24, 2020, that parents in a civil union have the same rights as stepparents as married individuals and that those rights will continue after the death of their spouse. Stepparent Rights in a Civil Union The facts of the case were that Kris Fulkerson was in a civil union with Matthew Sharpe who died in 2017. Sharpe had a child with his ex-wife and he and his ex-wife shared equal parenting time, but the child’s main residence was with his father Matthew and his partner, Kris, and her three children.  After Matthew died, his ex-wife took custody of the child and would not allow Kris and her children to see the child.   Stepparent Visitation and Allocation of Parental Responsibilities Kris filed a petition for visitation and for an allocation of parental responsibilities.  The circuit court certified two questions to the appellate court: Whether a party to a civil union has standing to request visi...

As Chicago divorce attorneys, we often speak with stepparents that have formed close parental relationships with step-children. When that marriage leads to divorce, many wonder if an Illinois family court will allow an order for parenting time or stepparent visitation with a step-child?  Stepparent Visitation in Illinois When it comes to divorce where a stepparent relationship is involved, stepparent visitation is subject to the same statute under Illinois law that applies to requests for grandparent, great-grandparent, and sibling visitation orders. Generally speaking, in Illinois, there is a rebuttable presumption that a fit parent’s decisions regarding step-parent visitation, as well as visitation with a grandparent, great-grandparent, or siblings, are not harmful to the child’s mental, physical, or emotional health.  This means that if the parent is a fit parent and they decide that their children should not have visitation with their own parents (the grandparents) Illin...