When it comes to overnight parenting time for an infant, challenges can arise for a noncustodial parent. Infants need to acclimate being away from their primary caregiver. On the surface, immediate overnights may sound logical, but it overlooks a basic need of the very young child which is trust and security that comes from consistent nurturing care by their primary caregiver in a familiar setting. Parents going through a divorce with an infant need to consider the implications of overnight parenting time switches on the infant. Should You Have Overnight Parenting Time Changes for an Infant? Consider that by the time a child reaches one year, the child has developed a close “attachment” and bond to one of the parents, the primary caregiver. When the child is upset, they will turn to that parent for comfort and security. Since at this age there is no language ability and little or no sense of time, the child cannot be prepared for big changes in their environment or routine. These “overnights” away from the primary caregiver, the primary attachment figure, will be stressful as it is impossible for anyone to explain to a child under three years of age what is going on. “I love you,” “I am not deserting you,” “I will see you again in twenty-four hours” are just concepts not yet developed in the child. When a child of this age gets up in the middle of the night they are looking for and need comfort from their primary caregiver. Children of this age adjust to others providing care for them and they will become accustomed to spending over-nights away from their primary caregiver. Consider the Best Interest of the Child However, for purposes of the best interest of the child, it is best to do this in stages. One night for a while as an adjustment then at some point when the child becomes verbal and understands the process and can help pack a bag and understands concepts of time, it would then be more in line with the child’s best interest. Regular and consistent contact is best to prepare for these overnights. The more time each parent can spend with a child, the better. Get in Touch for Trusted Advice on How to Care for an Infant During or After a Divorce Going through a divorce or separation is stressful, but doing so when you have a young infant or toddler is even more challenging. Making sure you obtain trusted legal advice is critical to your role as a parent and the best interest of your child. Our child custody attorneys have expertise and success with cases involving overnight parenting for infants and toddlers and can provide you with trusted advice you need. Contact Anderson & Boback for legal advice on parenting time issues including the unique challenges that come with overnight parenting time for infants and toddlers. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-custody-visitation/overnight-parenting-time-with-an-infant/
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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 will have worked with someone who specializes in them. Your attorney is going to know, and be able to orchestrate, how the evidence will come and how to prove the businesses’ worth. Using a Forensic Accountant in High Asset Divorce You might need a forensic accountant. Again, your lawyer won’t be putting the numbers together or discovering where certain accounts are, but your lawyer’s understanding of the process is imperative. You and your lawyer will likely have a feeling that there are hidden assets based on the information received from your spouse in the discovery process. Proving there are hidden assets and putting the information before the Court properly is important. Proving your case is also an important factor. Many people know that their spouse is skimming money from the family business or using creative accounting, but you’ll likely need an expert to prove your case. A high asset divorce lawyer should be familiar with the process. Using Experts to Value Assets Some experts will be needed to place values on assets, like real estate. Or an accountant may be necessary to inform the court about the tax effects of the asset division. Your lawyer will need to work with experts in the field, so encourage their use. Will you need an expert to utilize Qualified Domestic Relations Orders (QDRO), or describe employee benefits, including stock options and Deferred Compensation? Seeking Maintenance (aka Alimony) from a High Earner Spouse For the non-working spouse and the one seeking maintenance (previously called alimony), your ability to prove your spouse’s income and assets is important. You may not be involved in the day to day processes of your spouse’s employment, but you can improve your case for spousal support by utilizing some tips: 1. GET DOCUMENTS. First, obtain copies of all the financial records you can find. If there is a file cabinet in the house, go take a look. And then another look, and make all the copies you can. When I was an investigator at Pinkerton, this was one of the most common jobs I had to task. Everyone always looked for the paper statements and the savvy person is shredding documents as they come in. So what can you do when the person is shredding everything? I’d ask them, are there any envelopes? Envelopes in the garbage can in the office? If necessary, go through your garbage for mail that has been tucked under the regular garbage. No one bothers shredding the envelopes that the mail comes in since they believe it contains no information. But they are wrong. Your lawyer can always subpoena the address on the envelope and find out what type of monies are in that account. One wife we represented found the mail in the trunk of her husband’s car. Look for it, you will find it. 2. KEEP TRACK OF YOUR EXPENSES. If you are the person paying the bills and believe the expenses are inflated, you’ll want to keep track of that too. If you aren’t the spouse paying the bills, it is easy to let this ride and for you to honestly be unaware of how much money you are really spending each month. You should know how much the babysitter or nanny is charging you, how much your mortgage is, how much the kids’ schooling is. No one faults you for not knowing, it is understandable that during your marriage that you trust one another and oftentimes, the couple breaks up the tasks in a marriage. You might not have been responsible for paying the bills, but if you are contemplating divorce, you need to make the money side of your marriage your business. 3. EDUCATE YOURSELF. If you don’t know anything about your taxes, go see someone and find out. Contrary to your belief, nothing you learn will be “over your head.” You may not know what stock options are, or how they’ll be handled in your divorce, but the idea of stock options isn’t hard to learn. People in the financial world will meet with you and explain assets (likely to try and obtain your business later), and it is a good idea to meet with them. You can build financial relationships that you will keep for a long time. 4. BE REASONABLE. I give this advice to both the stay-at-home mother (or father) and the working spouse. If you never lived off of $20,000 a month during the marriage, why is that your settlement demand? If you are the person making two million dollars a year, you need to understand that you didn’t get to this financial milestone by yourself. If your spouse wasn’t at home keeping the house, running the household, and caring for the children, you wouldn’t have been able to work 60 to 80 hours a week building your business or serving as a C-suite executive. The working spouse is also better able to recover in a divorce, so while I don’t advocate giving your estate away, it cannot hurt to be a little generous to avoid the expense and anguish of litigating the case for five years. Protect Your Assets with An Experience in High Asset Divorce Attorney One of the easiest ways to protect your assets is to hire an experienced high asset divorce attorney who has experience with not only property distribution, but property distribution with high-income values. When you meet with your divorce attorney for the first time, have a conversation about their understanding of high asset and high earner divorce cases like yours. If you’ve gone and educated yourself a bit about stock options, you’ll be able to handle a conversation about them. See if your lawyer understands the problem and can offer solutions. Stay away from your friend of the family attorney who handles other areas of law. Complex issues that arise with high-income earners and high asset divorce require the expertise of an attorney that concentrates their practice in divorce and domestic relations. If you are facing the complexities of a high asset divorce, make sure you choose an attorney who can handle such matters to ensure the best outcome possible. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/high-asset-divorce/what-you-need-to-know-high-asset-divorce/ 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 case was simple. Parties would exchange financial affidavits and it would be easy enough to calculate the obligor’s child support obligation. However, due to the impact that the number of annual overnights has on child support calculations in Illinois, a temporary parenting time schedule is essentially necessary before the Court can enter a temporary child support order. TEMPORARY SUPPORT UNDER THE REVISED STATUTE Now, a child support order at the beginning of a case is almost always without prejudice and modifiable, especially if it is in place during the pendency, but knowing the parenting time schedule looks like can seriously and significantly impact the child support order. It can even change who the obligor is and who the obligee is in situations where parties earn similar amounts and have nearly equal parenting time. So, temporary support orders during the pendency of the case have become a bit more challenging. 2 – Other Parent’s Income Impact on Child Support Amount Another challenge under the new statute is that the other party’s income affects your support obligation. If they earn more, you pay less, and vice versa. So, now, suddenly litigants have an interest in the other party’s earnings. In divorce cases where maintenance is at issue, this has always been the case, but now this is becoming an issue in child support cases, whereas before it did not matter what the obligee earned because it didn’t impact support. The child support statute has taken this into consideration and there is a provision regarding the Court being able to impute income to the obligor when they are underemployed or unemployed. 3 – Attorney Preparation for Child Support Hearing under the New Law Finally, one of the largest challenges under the revised child support statute is for attorneys and the preparation needed for hearings on child support. Sometimes a party’s earnings are not particularly clear from their pay documents and the Court will need to make a determination as to what the parties’ respective incomes are, at the actual hearing itself. Then, child support will need to be recalculated during the hearing. Attorneys now have to calculate numerous child support scenarios to try and determine the possibility of what the Judge may order at the hearing, so they can ensure they have a properly calculated child support amount at all possible income scenarios. Get Trusted Advice from an Experienced Child Support Attorney Overall, the new statute does have benefits, especially that it takes into consideration the time spent with both parents and the income of both parties. However, additional preparation and information are needed to run child support calculations at the beginning of cases, which can be problematic if that information is not received timely. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-custody/vaccinate-child-without-permission/ 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 could lead to seeking an Order of Protection, allegations of parental kidnapping, and more. So, it is better to be safe than sorry when planning a vacation during family law proceedings. Permission to Travel Out of State With Minor Children First and foremost, if it is a pre-planned trip, the parties should communicate with one another to see if there is still an agreement for one (or sometimes both) of the parties to travel out-of-state with the minor children on the pre-planned vacation. The attorneys for the parents can also communicate and try to draft an agreed order, which sets forth the dates of travel, method of transportation/travel information, an address where the minor children will be staying, an emergency phone number, etc. That way it is completely clear to everyone where the children will be. Motion to Travel Out of State Alternatively, if there is no agreement for the party who wishes to travel to another state with their minor children, a motion can be filed with the court requesting the travel. At that point, it is up to the discretion of the Judge if the trip will be allowed. However, under no circumstances should a parent take their minor children out of state without first discussing the travel with legal counsel. Doing so when there is a family law matter pending can lead to unintentional consequences. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-custody/vaccinate-child-without-permission/ As Chicago child custody lawyers, 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 vaccinate his child when the mother was against it. In Jim’s case, he’d researched all the data and was absolutely convinced that not vaccinating his child would lead to more harm than good. I had my case law research ready in addition to his research. I had an expert prepared to take the stand and I was prepared to argue the case Troxel v. Granville. (For those of you who want to read the full court’s opinion, just give me a call, but it is at 530 U.S. 57 (2000). This case gives parents a constitutional right to the care, custody, and control over their children. This is a fundamental right and in a family law court, we presume that parents will act in their child’s best interest. But what do you do when both parents have that same fundamental right? Each parent is presumed to be acting in their child’s best interest and there isn’t much middle ground on the subject. You cannot be “kind of vaccinated.” It is a lot like being pregnant. You either are or you aren’t. There isn’t much middle ground. Should Courts Allow a Child to be Vaccinated or Not? One way to convince the court that your child should be vaccinated is under the “serious endangerment” statute-750 ILCS 5/603.10-Restriction of parental responsibilities. Pursuant to this statute, if the court finds by a preponderance of the evidence that a parent engaged in any conduct that seriously endangered the child’s mental, moral or physical health, or that significantly impaired the child’s emotional development, the court shall enter orders as necessary to protect the child. Serious Endangerment to the Child Because each parent is presumed to be acting in their child’s best interest, in order to take away a parent’s decision making on any one topic, you have to demonstrate that the activity or event that a parent wants to do is a “serious endangerment” to that child. This is a high burden. We see a lot of parenting disagreements and when one parent wants to impose their will on the other parent, it is difficult. I’ve had the “health food” parent against the “junk food” parent, or the parent who doesn’t have a regular bed schedule vs. the parent who strictly makes the child go to bed at 8:00 p.m. Those issues seem easy in light of the medical decision to vaccinate or not to vaccinate. Many cases fall under this umbrella of serious endangerment which is easy for the court to determine. Sexual abuse of a minor easy falls under this statute taking away a parent’s right to see or make decisions for their child. A case where a custodial parent suffers from a mental illness and refuses medication to correct their behavior has also fallen into this category. I was prepared to argue this statute and the case was quickly decided. Serious Endangerment Not to Vaccinate? In family court, is that if there is even a suggestion that a parent’s decision could negatively impact a minor’s health, the judge will most likely err on the side of caution. My judge found that mom’s decision not to vaccinate wasn’t the safest choice and prohibited her from standing in the way of the vaccination. The court found that it would be a serious endangerment not to vaccinate. Seek Advice from an Experienced Family Law Attorney At Anderson & Boback, we’re passionate about solving complex family law issues for our clients and their families in Chicago and the greater Chicagoland area. Contact us today for a confidential consultation when you have questions or concerns about child custody matters including whether you can vaccinate your child without permission from your ex. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-custody/vaccinate-child-without-permission/ Social Security Dependent Benefits In Dispute When Setting Child Support
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 child support and did not consider the child’s SSDI dependent benefits as part of the husband’s gross income. The Trial Court held that the child’s needs were met by the parents’ income. Because of this, the Court ordered that the SSDI dependent benefits be placed in a joint account to be used for the child’s “excess expenses” such as childcare, education, medical and extracurricular activities. Any portion of the monthly SSDI dependent benefit that was not used for excess expenses was ordered to be saved for the child and any expenses in excess of the monthly SSDI dependent benefits were to be divided equally between the parties. The husband filed an appeal asking the Appellate Court to reverse the Trial Court’s decision asking that the minor child’s SSDI dependent benefits be included in the calculation of his gross income. The husband wanted to retain the total SSDI dependent benefits for his use to pay his 50% obligation towards the minor child’s expenses. SSDI Dependent Benefits Included in Gross Income for Child Support The Appellate Court found that SSDI dependent benefits are generated through the labor and earnings of a worker for the purposes of supporting dependent children if the worker is ever unable to do so [In re Marriage of Henry, 156 Ill. 2d 541). Under the Code of Federal Regulations (20 C.F.R. 404.2040(a)], the SSDI dependent benefit is intended for the current maintenance of a dependent child. In addition, the Illinois Child Support Guidelines that went into effect July 1, 2017, the SSDI dependent benefit was specifically required to be included in the benefit-generating parent’s gross income when the court determines child support. SSDI Benefits To Be Used for Current Support of a Dependent Child Conclusion: The Court is required to consider the SSDI benefit payments received by a child as income to the disabled parent who generated the benefit through their labor and earnings. There is no authority for the Court to order that the SSDI dependent benefits be put into an account for future needs. The SSDI dependent benefit is to be used for the current support of a dependent child. The Trial Court’s decision was reversed and the SSDI dependent benefit was paid to the father for the support of his dependent child. Seek Advice from an Experienced Family Law Attorney At Anderson & Boback, we’re passionate about solving complex family law issues for our clients and their families in Chicago and the greater Chicagoland area. Contact us today for a confidential consultation when you have questions or concerns about child support matters especially when social security dependent benefits are involved. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-support/social-security-dependent-benefits-child-support/ |
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