According to a 2018 study by the AVMA (American Veterinary Medical Association), approximately 57% of all US households have at least one pet. So, what happens to your pet when you die or become incapacitated? Planning ahead can give you peace of mind knowing that your pet will be cared for after you’re gone. There are several ways to do …
Livestock Show Liability Considerations in Light of COVID-19
Livestock show families have been hard at work in the barn while the world sheltered in place during the height of the pandemic. Now these families are chomping at the bit to get back on the show circuit. And, as a livestock show coordinator, you are probably anxious to host your next big show, but you are worried about liability …
A Closer Look at the Pet “Custody” (or Pet Allocation) in Illinois
A recent Champaign County case was decided concerning the division of property concerning pets in a divorce. In the case of IRMO Montgomery v. Montgomery, a childless couple had two Shih Tzu dogs together that were about one year apart in age. Both proved to be fit owners and the Husband had both dogs when the Wife moved out. Later, …
Ask Kym: Factors Illinois Courts May Consider for the Allocation of Pet Responsibility
After the seminal case of the Marriage of Enders, in 750 ILCS 503(n), Illinois law established the allocation of pet responsibility in divorces. Here are a few of the factors that a court may consider: Who owns the companion animal; Who pays for the companion animal’s needs; Who takes care of the companion animal’s daily needs; Who walks/plays with the …
NALC Fact Sheet: Animal Law Issues in Farm and Ranch Divorces
There are a myriad of animal law issues affecting farm and ranch families who are going through a divorce (both with companion animals but also livestock and frozen genetics). Read my Fact Sheet with the National Agriculture Law Center here. Don’t forget to check out all my NALC Fact Sheets on family law issues with agriculture here.
Family Law Issues in Agriculture: Animal Issues
Divorces among farm families inherently have animal issues – not only with live animals but also with genetic material (e.g., embryos, semen). These are important property disputes for some farm families. Depending on the state, companion animals can be treated differently. Companion Animals To begin, companion animals typically include dogs and cats, but can also include some exotic animals and …
Ask Cari: Do I Have to Pay my Illinois Employees Mileage?
I was asked the following question from a local entrepreneur in Central Illinois: What is the law with regard to reimbursing employees for mileage? To begin, Illinois has no laws regarding whether an employer must pay for mileage for business travel. However, if an employer chooses to reimburse for mileage, they should use the rate used by the IRS (currently …
Illinois Family and Animal Law: “Custody” of Pets
As of 2018, matrimonial judges can consider the “well-being” of a pet in deciding whether there will be sole or joint ownership. The new law expands the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”). Now, 750 ILCS 5/503(n) states that: “If the court finds that a companion animal of the parties is a marital asset, it shall allocate the …