We have received a lot of questions from folks about what to do about parenting time orders in the midst of a shelter in place.The current Shelter in Place Executive Order in Response to COVID-19 presently in place specifically excludes under Paragraph 14(e) “[t]ravel required by law enforcement or court order, including to transport children pursuant to a custody agreement.” …
As a divorce attorney, I get a lot of questions about Consolidated Omnibus Budget Reconciliation Act (“COBRA”). More specific information relating to your family’s health insurance should be investigated by you and your spouse via the applicable employer. Generally speaking, COBRA is governed by the Employee Retirement Income Security Act (“ERISA”) and applies to covered employees, their spouses, their former …
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, …
As if there are not enough things to think about when beginning the divorce process, it is imperative that parties preserve evidence, even when merely the prospect of divorce litigation is present. Thus, the duty to preserve evidence is triggered when there is probable, likely or reasonably anticipated litigation. See Shimanovsky v. General Motors Corp. 181 Ill.2d 112, 121 (1998) …
If you follow me then you know that I loooooove Alternative Dispute Resolution. In fact, I’m a trained mediator myself and I teach mediation as an adjunct professor at the University of Illinois School of Law. There is nothing that gives my heart more joy (well, except for puppies and baby goats) when I am able to resolve divorces through …
In Illinois, it is within the trial court’s discretion to give the dependency status to one parent because the tax dependency issue is viewed as an issue of support. In re Marriage of Evanoff and Tomasek, 2016 IL App (1st) 150017 (1st Dist. 2016), In re Marriage of Sawicki, 346 Ill.App.3d 1107 (3rd Dist. 2004). If a court allows the …
When I say that divorce is one of the Big D’s that hurt multi-generational family farms, I am mostly referring to equitable distribution issues. Read my fact sheet on this issue here. You can also check out all my fact sheets with the National Agriculture Law Center on family law issues here.
Oftentimes folks who are getting a divorce, do not think about estate planning concerns but this is an especially important issue for multi-generational farm and ranch families, Read my fact sheet with the National Agriculture Law Center on this very topic here. All of the family law issues in agriculture Fact Sheets can be found here.
I just love it when my writing hits the press! And I especially love it when it combines my two passion areas — family law and agriculture law. I am honored to have authored the Fact Sheets on family law issues in agriculture with the National Agriculture Law Center. You can review them individually here or the packet here.
Child support in most states is largely formulaic (i.e., a math equation)– basic support is typically calculated by looking at the income and qualified deductions of each parent. However, for most involved in farming and ranching or other kind of agri-business, finding the numbers for the math equation is anything but straightforward. This figure is also used to help calculate …
An Order of Protection is available for parties who are being stalked, harassed, or abused by their partner (physically, verbally, or sexually). It is available not only for romantic relationships (e.g., spouse, boyfriend/girlfriend), but also other family relationships (e.g., between a farmer landlord uncle and farmer tenant niece). Although the procedures for filing and defending against an order of protection …