Ask Cari: 3 Things Families Should Consider During COVID-19 Pandemic and Shelter in Place

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Our phones have been ringing off the hook during this pandemic – we have all been affected by this virus and it’s times like now that remind us about what is important in life.  Here are 3 considerations/ reminders during this time: Parenting Time During Shelter in Place- Most states have carve-outs during the shelter in place for parenting time.  Speak …

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Ask Kym: How Do I Co-Parent Amidst COVID-19?

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In the past few days, we have had numerous calls on this issue.  While there is no clear law as to what rules apply to parenting time and visitation during a pandemic like COVID-19, since this is an unprecedented global health crisis, I wanted to provide some suggestions to our clients and potential clients who co-parent.  Please remember that although …

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Overview of the Uniform Child Custody Enforcement Act

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In way of background, the Uniform Child Custody Jurisdiction Act was enacted in 1968.  It was revisited an amended 30 years later with the formation of the Uniform Child Custody Jurisdiction Enforcement Act in 1997.  It has been adopted in all 50 states and was adopted in Illinois in 2003. Definition of Child Custody Proceeding – this includes proceedings involving legal …

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COBRA Basics for Divorcing Families

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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 …

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Ask Kym: Can I Modify Spousal Maintenance in New York if I Have a Child in New Marriage?

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Babies are expensive.  Getting married is expensive.  Having a wife is expensive.  All of these are considerations to be had when you have support obligations arising out of a first marriage.  Many people think that since the payor (the one paying support) has a “new family,” the obligation to the first spouse will cease.  This is not the case. In …

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Ask Cari: What are Some Considerations for Farm or Ranch Divorces?

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Since practicing family law in Central Illinois, I have had a lot of farm divorces.  Hear me discuss three considerations for farm and ranch families going through a divorce here.

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Family Law Issues in Agriculture: Child Support

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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 …

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Family Law Issues in Agriculture: Prenuptial Agreements

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Prenuptial agreements are oftentimes viewed as taboo; instead, farmers, ranchers, agribusiness owners, and food entrepreneurs should view prenuptial agreements like an insurance policy for a marriage. Nobody gets on an airplane thinking that it is going to crash, but you still go over the safety instructions. A prenuptial agreement simply notes the safety instructions in case the marriage terminates for …

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Family Law Issues in Agriculture: Orders of Protection

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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 …

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Family Law Issues with Agriculture: Estate and Succession Planning

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It is uncommon for agriculture producers and business owners to consider estate planning and succession planning for their agriculture operation in the midst of a divorce; however, divorcing farm families should consider this while negotiating the division of marital assets. These assets may include the farm or ranch business and its assets. After all, divorce is one of the Big …

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Family Law and Cryogenetics

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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 …

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New York Matrimonial Law: Durational Spousal Maintenance Calculations

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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 …

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