On February 16, 2024 the Supreme Court of Alabama decided in LePage v. The Center for Reproductive Medicine, P.C. that fertilized eggs are children for the purpose of Alabama’s wrongful death of a minor statute. The court held that all ‘unborn children’ whether inside or outside the womb are protected within the plain language of the statute. Alabama’s Wrongful Death …
When you think about how you want your property to be distributed after your death, most of the time it is easy to identify that property—your home, your cars, your jewelry, etc. But what about the genetic material used in assisted reproductive technology, such as frozen sperm, eggs, and embryos? Is genetic material stored with your doctor or a fertility …
In the State of Illinois, there are three types of guardianships of a minor. You can be the guardian of a minor’s person, a minor’s estate, or a minor’s person and estate. Regardless of which type of Guardianship of a Minor is needed, the process is typically the same. A Guardianship of a Minor’s Person is needed when a minor’s …
Adult guardianship proceedings are complicated in their own right, but sometimes jurisdictional confusion adds an extra layer of difficulty. There may be no question about the appropriate jurisdiction for an adult guardianship proceeding where all relevant parties have lived, and continue to live, in the same jurisdiction; however, such is not always the case given the increasing mobility of the …
Being someone’s guardian can be an overwhelming new journey. Understanding what is expected of you in this new role is the best way to reduce any apprehensions so that you can care for your loved one in need. In the State of Illinois, guardianship is split into two separate types. Just like you need a Power of Attorney to appoint …
Going through a divorce is complicated, even more so when children are involved. Once you have finally arrived at a judicially-mandated order or approved agreement with respect to the custody and visitation rights of each parent, it can be devastating for your ex-spouse to repeatedly violate that order or agreement. In this blog, I discuss the relief available when your …
Historically, prenuptial agreements (“prenups”) were regarded as instruments for those more mature couples who already have significant assets to their name. These days, the appetite for prenups is also gaining momentum among younger couples on the path to marriage, regardless of their wealth (or lack thereof). A prenuptial agreement between two younger individuals presents its own unique challenges, because often …
Did you know that students with divorced parents in Illinois may be entitled to court ordered assistance with educational expenses by both parents? If you’re former spouse isn’t paying their fair share, read on to learn more about getting your child the help they need. How much support will a court order? Illinois courts have significant discretion to set the …
Illinois courts can reconsider a child support calculation once there has been a “substantial change in circumstances.” What’s new? As any parent would know, the cost of caring for your children can change throughout the years. The expenses of a toddler will surely differ from those of a teenager. At the same time, the income of one or both parents …
What is Parental Alienation? Parental Alienation occurs when a child shows extreme preference for one parent (the “Preferred Parent”) over another parent (the “Rejected Parent”) as a result of efforts by the Preferred Parent to alienate the child from the Rejected Parent. Parental Alienation can significantly complicate a divorce and the accompanying allocation of shared parental responsibilities. Parental alienation is …
I have always been passionate about resolving disputes outside of court, especially when children are involved. It’s one of the (many) reasons why I love mediation. I’m excited to announce that I have been accepted into the Amicable Divorce Network for both Illinois and New York. I just completed my training and am excited to help walk folks who are …
Can the custodial parent claim the Earned Income Tax Credit while the noncustodial parent claims a different tax credit? After a divorce with children, it can be very confusing when it comes to figuring out which parent can claim which child tax credit. In most circumstances, only one parent is able to claim a child for the following tax credits: …