Hear Cari’s take on the topic here..
Family Law and Cryogenetics
Cryogenically frozen embryos are a very unique type of marital property, to say the least. They represent two divorced people having a baby. Dividing this unique, and emotionally charged, property hinges on balancing one party’s interest in not being forced to procreate after a divorce and the right of the other party to have a biological child, which in most …
Illinois Family Law: Termination of Spousal Support with Cohabitation
In Illinois, spousal maintenance obligations ends either: (1) automatically based on a date specified in the court order; (2) automatically upon remarriage; (3) when the recipient spouse begins cohabitating with a significant other, which requires the payor-spouse to ask the court; (4) automatically upon death unless a life insurance policy is to be paid to the recipient ex-spouse when the …
Illinois Family Law: Can I Limit Visitation for a Parent
Generally, a non-custodial parent is entitled to reasonable visitation. 750 ILCS 5/607. However, if a court finds that the parent “seriously endangered the child’s mental, mortal, or physical health or…significantly impaired the child’s emotional development, the court shall enter orders as necessary to protect the child.” 750 ILCS 5/603.10. Actions that limit, restrain, or confine visitation include the following: a requirement ofsupervised visitation; …
Illinois Divorce Law: Can My Spouse See My Medical Records?
Medical records are required to be produced if they are relevant for spousal maintenance. If the spouse requesting maintenance is claiming he or she cannot work because of a medical condition, then the other spouse is entitled to the medical records. During the discovery phase of litigation, the parties may request documents that are relevant to the divorce, including spousal …
Illinois Family Law: Relocation
When a divorced or separated parent who has physical custody of the child(ren) wants to relocate, he or she is required to give at least sixty (60) days’ prior written notice of the change of residence (“relocation”) to the other parent, unless such notice is impracticable or unless otherwise ordered by the court. See 750 ILCS 5/609.2(d). This notice must …
Factors in Illinois to Determine Child Custody and Visitation (i.e., the “Allocation of Parental Responsibilities”)
I get a lot of questions during consultation on the factors to determine the allocation of parental responsibilities in Illinois. Although trial court judges are given a lot of deference to take into consideration the totality of the circumstances, the statute sets forth 14 concrete factors (and one catch-all factor) for the court to consider. They are: the wishes of …
New York Matrimonial Law: Durational Spousal Maintenance Calculations
In New York State, the income cap for maintenance payor’s income in calculating temporary maintenance and post-divorce maintenance has increased to $184,000.00. Here is how maintenance would be calculated in an example where the incomes are as follows: Payor spouse’s Income: $200,000.00 per year. Payee spouse’s Income: $80,000.00 per year. Based on these figures, the adjusted gross income of the …
Wanna Catch-Up on My Old Podcasts?
So the cat is out of the bag – I will be starting a new podcast soon with Purdue University Extension called “Ag Law Today”. In preparation of entering this new podcasting, I have compiled my old appearances on podcasts. You can view it here. Happy listening and stay tuned for more info on Ag Law Today!
New York Family Law: What is the Cost of Living Adjustment?
Cost of Living Adjustment (“COLA”) refers to when child support is increased based on the annual cost of living. If the cost of living, pursuant to the Consumers Price Index for all urban consumers (CPI-U), as published annually by the United States Department of Labor Statistics, increases by at least 10% then an adjustment may be made. It is important …