Family Law

A recent survey conducted by the American Academy of Matrimonial Lawyers (AAML) revealed some interesting changes in divorce dynamics. In the past, the husband was the higher-earning spouse and ended up being the one to pay child support and alimony, or maintenance, to their ex-wife. The role as the family’s financial support has since shifted, however. According to the AAML survey, an increasing number of women are paying child support and maintenance.

Results from the survey reveal that 56 percent of the country’s top divorce lawyers have seen an increase, in the past three years, in the number of mothers responsible for paying child support. Additionally, in the same three years, 47 percent of the country’s top divorce lawyers have seen an increase in the number of women responsible for paying maintenance to their spouse. According to the president of AAML, the court system ultimately reflects changes in society, as is demonstrated by these figures.

More and more women are achieving greater career success than their husbands. While earning a higher salary than your husband is not a problem during the marriage, should the marriage fail, as the higher-earning spouse, you would be bound to certain financial obligations, both during the divorce and after.

Child support and maintenance can be highly contentious issues during a divorce. If you are planning on getting a divorce in Illinois and are unsure of how your financial situation will impact your divorce agreement, contact the experienced Chicago family law attorneys at Nottage and Ward today for a consultation at (312) 332-2915.

Remarrying can have a substantial impact on children after a divorce, but it is not just the step-parent and step-child dynamic that creates challenges for a new family. The step-grandparents also have obstacles to overcome while trying to build a strong relationship with their new step-grandchild or grandchildren. The grandparent-grandchild relationship is very special, but fitting into that role can be very difficult for a step-grandparent, according to The Huffington Post. The following tips can help a step-grandparent navigate the complicated waters of the step-grandparent – grandchild dynamic:

1. Recognize that establishing trust with a preteen or teenage step-grandchild may take longer, but that does not mean that you can’t achieve it;
2. Send a card on birthdays and special occasions to show you care. Emailing or calling to say hello occasionally is also good, but don’t overdo it, especially with older step-grandchildren;
3. Avoid overcompensating, as it can affect your relationship with biological grandchildren. Keep your treatment of each fair, but distinctive;
4. Remember that your step-grandchild may resent the remarriage, but is still looking for acceptance;
5. Resist complaining to your child about your step-grandchild, even if he or she has been making your efforts more difficult;
6. Be careful not come on too strong as a step-grandparent. Remember that you are a stranger to your step-grandchild;
7. Make the effort to become acquainted with each of your step-grandchildren individually;
8. Find a common ground. You may need to meet your step-grandchild halfway.

At Nottage and Ward, our dedicated Chicago family law attorneys have experience in a wide range of family law matters and can provide you with the support and legal guidance you need for your particular situation. To speak to one our lawyers, contact us today for a consultation at (312) 332-2915.

Social networking has become part of our day-to-day lives, and although some people infrequently engage in online social networking, others religiously share their thoughts, emotions, frustrations, joys, and, not to mention, pictures for every occasion. The most popular social media site to do all this is Facebook. The problem? What happens on Facebook does not necessarily stay on Facebook. If you are currently in the divorce process or in a child custody battle, what you have on your Facebook profile may be used against you, according to an article in The Legal Intelligencer.

Though the law journal article discusses how Facebook is used in Pennsylvania family law cases, the fact is that Facebook has become a relevant factor in family law cases in courts nationwide. The decisions a court makes concerning divorce, maintenance, child support, and child custody may all be impacted by what is on a party’s Facebook profile, although, if the separating couple files for a no-fault divorce in Illinois, proving that one spouse cheated on the other using Facebook pictures and posts will have little to no impact. Child custody cases may be a different story, however.

After a couple separates, they must avoid posting status updates and/or photos on their Facebook profile, at least until after the case is over. If one spouse brags on Facebook about how he or she has been siphoning marital funds into his or her own individual account, or how he or she did not declare certain income, those statements can be used by the other spouse to secure an appropriate maintenance amount. If one spouse has multiple photos of him- or herself being drunk on Facebook, those may be used against him or her in a child custody dispute.

If it is public information that anyone can read, then it may be used against you. At Nottage and Ward, we understand how stressful and frustrating divorce and child custody issues can be, but, as experienced Chicago family law attorneys, we urge our clients to protect themselves and their interests by avoiding revealing information or posting pejorative attacks on their spouses or the system on their Facebook accounts. There are a great many factors that may impact your family law case, and we can help you prepare for each and every one. To discuss your family law matter with one of our lawyers, contact us today at (312) 332-2915.

For the past two years, until the end of August, two children, raised in a $1.5 million home in Barrington Hills by their lawyer father, had been pursuing a lawsuit against their mother for “bad mothering,” seeking more than $50,000 in damages for emotional distress, according to The Chicago Tribune.

In their claim, the children included alleged offenses committed by their mother, such as telling her 7-year-old son to fasten his seat belt or she would call the police, failing to take her daughter to an auto show and requiring that her daughter leave early from homecoming. Also included in the offenses were sending birthday cards that were “inappropriate” or did not include a check or cash, or not sending birthday cards at all. The mother’s attorney cited the lawsuit as a “litany of childish complaints and ingratitude” as well as a vengeful attempt by the children’s father, whom the mother divorced in 1995, to label her as an inadequate mother.

Illinois law is very clear for a lawsuit of this nature. Unless “extreme” or “outrageous” conduct could be proven, a child does not have a rightful claim to emotional distress against a parent. As a result, the case was thrown out of two courts in the past two years. After the case was dismissed by a Cook County circuit court, the children appealed, after which the case was also dismissed by an Illinois appellate court. The appeals court also stated that ruling in favor of the children could potentially subject child rearing to “excessive judicial scrutiny and interference.”

Family law is very complex, especially when a parent-child relationship is involved. It becomes even more complicated when the situation involves a divorced parent-child relationship. If you have questions or concerns regarding a family law situation in Illinois, contact the experienced family law attorneys in Chicago at Nottage and Ward at 312-332-2915. We can help you understand your legal rights and provide you with realistic options to resolve your family law situation.

Approximately one in 10 children in the U.S. resides with a grandparent, according to a study conducted by the Pew Research Center in 2010. That figure has increased progressively over the last 10 years, with a sharp increase during 2007 and 2008, when the economic downturn first began.

The study analyzed data from the U.S. Census Bureau and discovered that around 41 percent of those children residing with a grandparent are also being primarily raised by that grandparent. Altogether, it is believed that about 2.9 million children in the U.S. are being raised by one or both grandparents. About half of these children also reside with a single parent, while no parent is in the household for around 43 percent of these children. Approximately eight percent reside with both parents in the household, as well as with the grandparent acting as caregiver.

Likewise, just as the number of children that are taken care of by their grandparents has swelled, so too has the number of grandparents serving as the primary caregiver to a grandchild. It is believed that around 2.6 million grandparents care for at least one grandchild.

In Illinois, grandparents and other relatives that wish to keep a child within the family after a parent’s sudden death or incapacitation may consider grandparent or relative adoption. Doing so allows them to take on the responsibility of raising the child and ensure that the child is protected. Grandparents who are denied visitation after a child’s parents have divorced can also petition for visitation rights, under certain circumstances.

If you are seeking visitation rights or custody of a grandchild, or if you are dealing with other child custody or adoption issues, contact Nottage and Ward. Our family law attorneys in Chicago can help you understand the legal options available to you, depending on the specifics of your situation. To speak with one of our highly skilled lawyers, call our law offices at 312-332-2915 today.

The Detroit Free Press reports a recent survey discovered that many couples who live together, but are not married, are increasingly choosing to sign a cohabitation agreement to protect themselves in case of a split.

The survey was conducted by the American Academy of Matrimonial Lawyers (AAML), a group of about 1,600 divorce attorneys. According to the survey, approximately 48 percent of the lawyers have seen an increase over the past five years in the number of couples that are “duking it out in court.” However, 39 percent of those lawyers report a rise in the number of cohabitation agreements for couples who live outside of legally recognized marriages.

According to Ken Altshuler, the president-elect of AAML, cohabitation agreements are “on the cutting edge of relationships today,” since many couples choose not to marry or decide to enter a civil union.

A cohabitation agreement is very similar to a prenuptial agreement, which many couples choose to have prior to their marriage to guarantee their assets and property are divided according to their wishes in the event of a divorce. A cohabitation agreement, however, is an option for same-sex couples and unmarried heterosexual couples who live together. The agreement contains documentation that offers protection from litigation and other expenses should their cohabitation break down. It also allows an unmarried couple to standardize their property arrangements, as well as to direct the payment of debts and to provide the terms for financial support in the event that the cohabitation ends.

While it may be dispiriting to discuss whether you and your future spouse or partner wish to create a cohabitation or prenuptial agreement, doing so could save you time and money in the future should the union end. At Nottage and Ward, our Illinois family law attorneys have 20 years of experience handling divorce, child custody, prenuptial agreements, and other family law matters. We can help guide you through the intricacies of a prenuptial or cohabitation agreement to help you obtain the protection you need. Contact our law firm today at 312-332-2915 to learn more.

With 2011 in full swing, several bills became new laws in Illinois that have been in effect since January 1. The Carmi Times discusses these new laws, including many relating to family law.

For individuals who are either currently going through a child support dispute or have already reached agreements for child support, it is important to be aware of a few new Illinois laws. Child Support (SB 2570/PA 96-1072) states that after an entry of a judgment for dissolution of marriage is established, a child support order will not be permitted to be suspended or stayed because of the filing of post-judgment motions.

Under Driving Permits (HB 6450/PA 96-1284), a family financial responsibility driving permit may be issued to allow an individual who has lost their driver’s license for failing to pay child support to drive to and from work, to attend alcohol and/or drug treatment programs, receive medical care, or seek employment.

Fund Transfer (SB 2976/PA 96-1100) organizes the existing practice of depositing federal receipts into the Child Support Administrative Fund as opposed to the Child Support Enforcement Trust Fund, in addition to many other types of fund transfers.

In relation to adoption law in Illinois, Adoption Form (HB 6080/PA 96-1461) makes it a requirement for consent forms to adoption to be signed to recognize that the birth parent was given and had time to read the Birth Parent Rights and Responsibilities – Private Form before signing the consent.

As a way to help clarify jurisdictional issues relating to Probate Court proceedings on a petition for the appointment of a guardian, Guardianship Termination (SB 3386/PA 96-1338) modifies the provisions surrounding revocation of the guardianship of a minor to solidify the process and standards by which a parent can request that a guardianship be revoked. The new law also states that the court does not have jurisdiction to carry out guardianship termination when a minor has a parent whose parental rights have not been terminated, whose whereabouts are known, and who is willing and able to make and carry out daily child care decisions for the minor. However, the court does have jurisdiction if the parent or parents voluntarily relinquished custody of the child, agreed or did not object to the appointment of a guardian, or a guardian appointed by the court already exists for the minor.

Although these new laws seem simple enough, every family’s situation is different, thus further complicating matters, increasing stress, and making a resolution more challenging to obtain. Fortunately, though, finding the right Chicago family law attorney for your specific predicament goes a long way in ensuring a positive outcome to your divorce, adoption, child support dispute, or other family law issue. Contact the Illinois family law firm of Nottage and Ward to find out if our services match the needs of your case.