Anderson & Boback Family Law Attorneys

Divorce and family law attorneys have a reputation for being expensive. Many potential clients ask us to give them a “ball park” estimate as to how much their case and attorney's fees will cost. This is nearly impossible for any attorney to predict because there are so many moving parts involved in each case, which can significantly impact the final cost. There are ways, however, for potential clients to try and manage their case costs and attorney’s fees so that they are receiving the best possible divorce representation and maximizing their funds spent. 3 Tips Keep Your Attorney's Fees Down While there are a number of unpredictable things that occur in the course of the divorce process, here are three helpful tips that can help keep your attorney's fees down in a divorce. Tip #1: Be Prompt When Responding to Your Divorce Attorney The first “tip” is to always respond to your attorney in a timely fashion. Your divorce attorney will likely ask you to review pleadings, disco...

As a busy divorce attorney, I am often asked about the key to a successful divorce . When I mention to people one of the key factors is getting prepared for their divorce, I often get a strange look. Who does that? But we prepare for everything! How many of us wake up one day and go get a job? Go get a house? Go and have a child? We prepare before we make important decisions, and getting a divorce is no different. Now that you've decided to prepare for success, what steps should be taken next? A Successful Divorce Starts with Hiring the Right Attorney The most important decision you will make is hiring the right divorce attorney.  In my opinion, the divorce attorney you pick should practice exclusively in the areas of divorce and family law. This is a highly specialized field and you do not want a lawyer who is dabbling in real estate, personal injury and family law. Meet that attorney and see if you can work with them. Are they going to communicate with you? How will they communic...

Most divorce and family law attorneys require payment of a "retainer" when you hire or retain their services.  A retainer is a lump sum of money that you pay to the lawyer or law firm so that they can collect payment of fees due to the firm for work they complete for your case, as those fees become due. Sometimes you will be required to replenish your retainer when it is depleted.  Other firms may request that you leave a credit card on file for billing after the retainer is depleted.  In any event, most divorces are not done for a sum certain, or a “flat fee”, and a lot of clients do not understand why. Paying an Attorney Retainer in Divorce and Family Law Cases First, divorce attorneys are billed for their time in general.  In family law cases , they usually have an hourly rate which is generally pro-rated in various increments.  The reason why paying a retainer is required is because every case is unique.  When you hire a divorce attorney , they have n...

Co-parenting during the holidays presents some of the most challenging times of the year for families where the parents have divorced, are in the process of divorce or have separated.  For the most part, the Allocation Judgment (formerly called a Parenting Agreement or Custody Judgment) should try to anticipate some of the parenting time issues which could arise surrounding the holiday season.  However, no one can predict every single issue which will occur, and so often, the holiday parenting time schedule will need to be modified or adjusted.  Top Issues for Co-parenting During the Holidays The top co-parenting issues that arise during the holiday season involve the Winter Break for students and last-minute change requests that occur as parents juggle holiday parties, special events, and travel. Winter Break Challenges Winter Break can often be an issue because it falls around Christmas and New Year’s Eve - New Years Day in most districts, and it is almost always at l...

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...