Anderson & Boback Family Law Attorneys

  A postnuptial agreement is a legal document that explains and designates how property will be divided in the event of a divorce.  It is very similar to a premarital (or pre-nuptial) agreement, except a premarital agreement is signed prior to the marriage and a postnuptial agreement is signed after the marriage has already occurred.   While a post-nuptial agreement is enforceable if properly executed, there is often a “dark cloud” over post-nuptial agreements. whereas they are more easily overturned than a premarital agreement, especially if there are assets that have been comingled already during the marriage or received during the marriage.  Any income earned during a couple's marriage and any property or money accumulated during a marriage is presumed to be marital property unless otherwise allocated (such as in a premarital agreement ).  Once the money or property is considered marital in nature, someone agreeing to waive their right to something that...

  So, you just got served with Illinois divorce papers or a child custody action. Now what? Whether you suspected this legal action might happen, once you’ve been served there is no time to waste taking necessary steps to protect yourself. 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 legal 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 family law cases a...

Karyn Aspan was granted maintenance from her husband Thomas Aspan.  Shortly after the divorce was granted, Tom filed a motion to terminate the maintenance award.  In the motion, Tom argued that Karyn was living with a man, Ronald Hessa, and because of that living arrangement, his obligation to pay her maintenance should end.  The court granted his motion. Case Background On August 18, 2017, the circuit court entered an order for the dissolution of the marriage between Karyn and Tom. The order required Tom to pay Karyn maintenance for ninety-six months at an annual rate of $24,280. Karyn also received approximately $53,000 on October 16, 2017, from the sale of the marital home. In May 2018, Tom filed a petition to terminate temporary maintenance, alleging that Karyn was cohabitating with her boyfriend , Ron. He also alleged that their relationship started in June 2017. In February 2019, the circuit court held a trial on the petition. The evidence at trial was as follows. K...

  As Chicago family law attorneys , we are often asked by clients if a 50/50 parenting plan is possible for children following a divorce. Recently, the Appellate Court reversed a trial court’s ruling giving the parents a 50/50 schedule in the case In re Marriage of Rachael Virgin and Justin Virgin   [2021 IL App (3d) 190650].  The case is an interesting read because one justice dissented from the ruling and the pros and cons of a 50/50 parenting plan are discussed in great detail.  Case Background The parties each filed a motion against the other after their marriage.  Justin filed a motion for modification of his parenting time and Rachael filed a petition to hold Justin in contempt for failing to provide medical insurance per the terms in the divorce decree.   Parents Were Given Equal Parenting Time In November 2016, the parties were divorced.  The judgment provided that Justin would maintain medical insurance and both parents were allocated joi...

  Electronic parenting time has remained consistently included in parenting agreements for some time in Illinois.  Usually, the electronic parenting time is in the format of video chat, via an application such as FaceTime, Skype, or Zoom , to name a few.  Parenting time via electronic means can still, however, be a bit controversial, depending on each individual situation. Pros to Electronic Parenting Time Electronic or virtual parenting time can be very beneficial for families where the minor children might not otherwise see the other parent in person.  Phone calls can be impersonal, especially for a young child, and they are not as engaging as seeing someone face to face on a screen.  Some pro’s of electronic parenting time include: It can be easier for younger children to engage in than a regular phone call; They allow face to face contact with a parent who may live a great distance away or who otherwise might not have as much face to face time with a minor ...

Child support agreements addressing requests for "other expenses" can help avoid trips back to court. There is often a lot of litigation over setting a child support amount, mostly because the obligor claims he cannot afford it.  What often comes as a shocker is when non-custodial parents realize financially supporting a child involves more than just "child support".  Per 750 ILCS 5/505 , Illinois law provides that the non-custodial parent is also responsible for 50% of other expenses , including but not limited to: uncovered medical expenses, child care, education, and extracurricular activities. Child Support Agreements and Non-Custodial Parent's Responsibility for 50% of Other Expenses As child support lawyers , we work to protect our child support clients from the abuse of the "other expenses" provisions in support agreements. We try to word agreements and court orders in a way that gives the non-custodial parent more say in a situation before he ...