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Prenuptial Agreements: The Good, The Bad, and The Ugly

 Posted on September 09, 2020 in Family Law

shutterstock_622355582_20200909-201739_1.jpgDiscussing finances might be just about the least romantic part of any prospective marriage. It is certainly not ideal to start a marriage planning for what happens in the event of divorce. However, it is an unfortunate reality for many couples, with some statistics showing over fifty percent (50%) of marriages end in divorce. Many divorces are caused by disagreements over finances. However, being able to communication maturely about financial issues and your concerns is actually a very responsible way to start a new marriage.

There are many reasons couples seek prenuptial agreements, among them are the following:

  1. One party owns a business, real estate, or other asset they wish to protect as separate property;
  2. One or both parties have been divorced or have children from other relationships and want to make sure those children are taken care of financially;

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True Up's in Child Support and Maintenance: Understanding What They Are and How They Are Calculated

 Posted on September 09, 2020 in Divorce

shutterstock_1134923861_20200909-194446_1.jpgDoes your Judgment of Dissolution of Marriage reference an annual or quarterly true up calculation for support? Are you unclear on what that means and confused on how it is calculated? It is common for you to feel overwhelmed and uncertain about your obligations or what you are entitled to from your ex-spouse when these clauses are incorporated into your Judgment.

In many cases, temporary or permanent support orders for both maintenance (formerly known as alimony) and child support, include provisions for what’s known as a “true-up.” This includes final divorce decrees, either after the court’s ruling or more commonly via a Marital Settlement Agreement. A true-up is designed to capture income for support purposes that was not factored into the monthly support obligation. It also ensures that all income for statutory purposes is considered and equitable support amounts are being paid. 

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Establishing a Child Support Trust: What is it and When is it Appropriate?

 Posted on August 17, 2020 in Family Law

Kane County Child Support Trust AttorneySection 505 of the Illinois Marriage and Dissolution of Marriage Act obligates both parents to provide support for their minor children.[1]  In some family law cases, enforcing child support payments can be difficult, particularly if the parent who owes support is not generating steady income but may have assets from which to pay child support.

Protecting the best interests of the children and ensuring that they receive enough support is one of the most important goals of the court system.  As such, many states, including Illinois, authorize a court to impose a child support trust, for the benefit of the children.  A child support trust is a way to make sure the children are always supported finically.

Section 503(g) of the Illinois Marriage and Dissolution of Marriage Act states:

“The court if necessary to protect and promote the best interests of the children may set aside a portion of the jointly or separately held estates of the parties in a separate fund or trust for the support, maintenance, education, physical and mental health, and general welfare of any minor, dependent, or incompetent child of the parties.”

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Enforcing Court Orders Through Contempt Proceedings

 Posted on August 17, 2020 in Family Law

Wheaton Attorney for Court Order EnforcementWhen a party has violated a court order, there are several remedies the aggrieved party can request from the Court, one of which is that the violating party be held in contempt of court. There are four types of contempt: Direct Criminal Contempt, Indirect Criminal Contempt, Direct Civil Contempt, and Indirect Civil Contempt. So what do each of these types of contempt mean and which is appropriate for your situation? 

Generally speaking, the primary difference between civil and criminal contempt is the purpose for which the contempt sanctions are imposed. Civil contempt proceedings are designed with the intention of compelling the violating party to comply with the court order (“the contemnor”) or, more specifically, to perform a particular act required in the order. Criminal contempt proceedings are instituted with the purpose of punishing a person for their past misconduct. Criminal contempt is a much more extensive proceeding which requires a greater burden of proof, which is why generally in domestic relations proceedings contempt petitions are brought as civil actions.

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Egg Donor Agreements - When You Need Them and Why

 Posted on July 14, 2020 in Family Law

shutterstock_587713172.jpgThe “traditional” American family is changing, and assisted reproduction techniques are consistently advancing. Egg donation is the process by which a woman donates her eggs to a recipient through the Vitro fertilization process. The eggs are then fertilized with sperm and implanted into the recipient.

Currently, no statutory law exists in Illinois that governs egg donation. However, egg donors and recipients commonly hire attorneys to represent each of them in drafting an Egg Donor Contract or Egg Donor Agreement. Some doctors actually require a written agreement before beginning the egg donation process. Egg donors may choose to remain anonymous if they so desire.

Since there is no egg donor legislation in Illinois, the Egg Donor Agreement governs the rights of each party involved in the egg donation process. There are important provisions that should be implemented into the Egg Donor Agreement. The following questions should be addressed by the parties prior to egg donor services being initiated: 

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Children and Gender Identity Issues -What Happens When My Spouse and I Don’t Agree?

 Posted on July 14, 2020 in Family Law

 shutterstock_740062315.jpgIt’s no secret that gender identity issues are highly controversial, especially with children. Gender identity issues have received increased visibility and recognition in recent years. Popular television shows like I Am Jazz, Transparent, and Pose have shed light on the reality of gender identity struggles that individuals face. The Texas case of James Younger made national headlines when his parents were unable to agree on medical care related to his transgender identity.

Many children struggle with gender identity from an early age, with some studies showing that gender identity formation is possibly as early as between ages 2-5. If your child is struggling with gender identity issues, you may wonder how it will impact your divorce or parentage case, particularly if you and the other parent have different views on the issue. For a little bit of background, you should be familiar with the following gender identities, which include but are not limited to the following:

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