Until a few months ago, the only statute dealing with custody of a pet was found in the Illinois Domestic Violence Act of 1986, which allows a judge to award temporary legal custody of an animal if domestic abuse is a danger to the pet. 750 ILCS 60/214. However, effective January 1, 2018, the Illinois Marriage and Dissolution of Marriage …
Illinois Family Law: Grandparent, Sibling and Step-Parent Visitation
Grandparent, great-grandparents, siblings, or step-parents can bring a petition for visitation and electronic communication (i.e., face to face time and electronic-based time) for a child one year of age or older if the denial of visitation by the parent causes harm to the child’s mental, physical or emotional health and if one of the following exists: (A) the child’s other …
Illinois Family Law: Best Interest of the Child Factors for the Allocation of Parental Responsibilities
Everyone involved in a family law proceeding involving children has heard of the the “best interest of the child” test. So what factors do Illinois courts consider for custody (errrr, I mean the “allocation of parental responsibilities”)? (1) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making; …
Mediation Roster for Sixth Circuit in Illinois
I’m happy to announce that I was selected to be in the roster of family law mediators for the Sixth Circuit in Illinois. Specifically, I will be mediating custody and visitation issues (i.e., the allocation of parental responsibilities). The Sixth Circuit includes the following 7 Counties: Macon County, Piatt County, Champaign County, Dewitt County, Douglas County and Moultrie County. I’m …
Depreciation of Farm Assets and Child Support in Illinois
Many times clients contact me on a child support matter who own farms and, accordingly, have expensive farm equipment. Farmers usually take deductions on the depreciation of expensive equipment on their tax returns. This MAY affect child support, as a trial court has discretion to include nonrecurring income in calculating net income for child support purposes. See In Re Marriage of …
Illinois Family Law: Relocation with Children
Various reasons prompt a parent to want to relocate with his or her child. Illinois, like most states, has strict procedures to follow when requesting a relocation since the relocation often times jeopardizes the relationship and time spent with the other parent. Relocation refers to three situations in Illinois, dependent on location: The parent moving more than 25 miles from …
Ask Cari: If a Parent Receives Money as a “Gift”, Does it Count as Income for Child Support Purposes?
Dear Cari, My parents give me money each month as I’m still a college student. Will this count as my “income” for child support purposes? I live in Urbana, Illinois. Thanks, Todd Dear Todd, Yes, the courts have the ability to consider that income. Consider these cases: In Re Marriage of Rogers, 213 Ill 2nd 129 (2004), which set forth …
Modifying Child Support in Illinois
Modifications to a child support order in Illinois can be granted based on a “substantial change in circumstances” since the last child support order was entered. In addition, a child support order can also be modified if the petitioner can show that the obligor’s child support obligations differ from the guidelines set forth in the Illinois Marriage and Dissolution …
Retroactive Child Support in Illinois
You might wonder if child support can be awarded retroactively. In short, it can. In deciding whether to order retroactive child support or not, the court considers the following factors: A determination of the factors specified in the Illinois Marriage and Dissolution of Marriage Act; The noncustodial parent’s prior knowledge of the fact and circumstances regarding the child’s birth; The …
Horses + Divorces, Grapes + Gripes, and Romantic Farmer Prenups
I’m talking the intersect between family/matrimonial law and agriculture in Tiffany Dowell Lashmet’s podcast “Ag Law in the Field”. I’m on Episode 4 and you can listen to the podcast interview here or download it via iTunes. I talk about why I love prenups and Alternative Dispute Resolution with divorce, especially in the contest of agriculture. I also give some …
Tips for Running a Family Biz
I was having my “Miracle Morning” this morning and catching up on the the news. I came this article in USA Today by Rhonda Abrams titled “8 Keys to Running a Family Business.” When I hear “family business,” I cannot help but think about multi-generational food and agriculture businesses. Here are Rhonda’s tips: Decides who does which job. Like a …
Ask Cari: Questions on Divorce, Debt and Prenups
Here are some recent answers from some questions I received on the Big D’s (Divorce, Debt, and Death): 1. What should people know when it comes to your spouse¹s debt when it comes to death or divorce? In most states, all debt obtained by either party after the date of the marriage is considered marital debt while debt incurred before …