While surveillance is hardly a new thing in child custody cases, the fact that many sophisticated spy gadgets are less than $300 can make surveillance much easier to perform. For instance, in one case, a mother put a recording device in her daughter's teddy bear and told her to carry the teddy bear everywhere. She likely hoped that by doing this she might catch her spouse saying something that might disqualify him, or at least limit him, from being awarded primary child custody.
]]> The problem that many parents are facing by spying in this way is that they may be breaking the law. The mother who sewed the recording device into her daughter's teddy bear was later fined $10,000 for violating wiretapping laws in her state. Evidence obtained by the recordings was also ruled inadmissible in court.The legality of such activity varies from state to state. In Illinois, it is illegal to even record a conversation in public without all parties' permission. That is not the case in 38 other states, however. But even despite laws to the contrary, judges sometimes allow illegally obtained material.
As surveillance technology becomes increasingly simpler to use, the family law courts may revisit issues concerning what is legal to use for matters of child custody. In the meantime, Illinois parents who hope to spend more time with their children would be best advised to take the high road and speak with their counterparts to come up with a mutual agreement for child custody.
Source: ABC News, "Spouses Use Spy Tools to Get Custody of Children," Jim Avila, May 3, 2012
]]>While child support is common in all states, the various ways that family law courts approach the calculation of payments may be completely different. For example, in Illinois, the law does not take into account parenting time when child support payments are being calculated. In other words, it doesn't matter how much time you spend with a child; the child support payments are calculated based on a fixed percentage of the income earned by the paying parent.
]]> This is different from many other states, which may reduce a parent's child support obligation after taking into account the amount of time the parent spends with the child.Couples in the Peoria area who anticipate paying child support will want to be sure they are referencing the correct legal resources while calculating. One goal of divorce negotiations is of course an equitable resolution, and if children are involved, another and even more important goal is ensuring their well-being. That is why a full disclosure of income from both divorcing parties is of the utmost importance for accurately determining child support payments.
Source: FOX Business, "How States Differ on Divorce Laws," Cindy Vanegas, May 7, 2012
]]>These issues can hurt the entire family, including the children. While it isn't clear what sort of settlement has been worked out between the two, news reports now say that the dispute has been resolved privately. While this is a very high-level and public example, it shows how delicate the issue of child support can be for many people.
]]> Child support can be seen as necessary to continue the wellbeing of a child after a divorce in Illinois. Sometimes, payments are disputed or the amount is unclear after a period of time. Although it is unclear what the entire dispute was about in this case, many child support disputes result from one person not paying, or another person wanting more money.When child support issues become public, they can greatly affect the child's wellbeing. Therefore, it is important to handle these matters with sensitivity and in private. Speaking with an attorney can help make sure your rights are protected as a parent, and make sure your child's wellbeing is taken care of. An experienced attorney will also work to make sure your privacy is also protected throughout the proceedings.
Source: Northwest Herald, "Rep. Walsh: Child support spat resolved," Sophia Tareen, April 20, 2012
]]>There are ways to help ensure your financial situation is stable before and while you are going through a divorce. Making sure your financial situation is prepared for divorce can help reduce the stress of a divorce.
]]> There are many ways people can work to secure their finances before seeking a divorce in Peoria. These are just a few:•· Don't charge your life. Make sure you are able to pay off your credit card balances in full. Putting everything on a charge card and worrying about it after the divorce is over might be a bad idea. If your income changes because of the divorce, you may not be able to make the payments.
•· Keep up to date with all payments including the mortgage or rent. If you are going to be short, be sure to let your divorce attorney know, and they may be able to help with some solutions to keep your finances stable.
•· Try to keep your stress level down. Try not to debate with your ex over who keeps the small things with little monetary and sentimental value.
While these are general suggestions, it might be wise to speak with an experienced divorce attorney about your specific situation.
Source: The Huffington Post, "Top 5 Ways to Ensure Financial Security During your Divorce," Bredan Lyle, April 23, 2012
]]>Now, he has been released after DNA evidence showed that he wasn't the father, and his payments were waived by the mother. Although this might be a rare occasion, wrongful paternity cases could happen in Illinois. These matters need to be handled thoroughly and sensitively.
]]> The man in this case was put in jail, and taken away from his children and wife. His wife was forced to raise their children as a single parent. Paternity issues can have large implications on everyone involved. The woman with the baby wasn't able to get support from the rightful father because she didn't know who he was, and the man who was accused of not paying child support would have still been ordered to make the payments had the child's mother not waived the payments.If someone is confronted with paternity issues, they might be wise to speak with an Illinois family law attorney. They can help explain the legal processes to those involved, and help guide the family to come to a resolution. An attorney can also try to help reduce the impact a wrongful paternity accusation could have on a person's reputation. Being put in jail could definitely impact a person's professional and social life.
Source: CBS DFW, "Man Jailed For Child Support For Baby That Wasn't His," April 12, 2012
]]>Whatever the reason for more people having kids outside of marriage, it is important to remember that courts usually have discretion when awarding custody to one parent over the other. They often look at which parent will provide the best upbringing.
]]> While child custody proceedings, in the event of a breakup, will not require a divorce decree, a person can still fight for custody of their child. It might be wise that people who decide to have a child without being married discuss custody issues before hand, and speak with an attorney if there is concern about what might happen to the children should the couple break up.Both parents have a right to see their children and fight for child custody, even if they weren't married to the other parent. Not being married to the child's mother or father doesn't mean you will automatically lose child custody to them.
Father's can sometimes feel disadvantaged in child custody if they aren't married to the child's mother. If cohabitation or a breakup between the couple occurs, it is important to speak with an attorney to take steps that will increase your likelihood of being granted child custody.
Source: USA Today, "More children born to unmarried parents," Sharon Jayson, April 12, 2012
]]>Judges may use their best judgment in the decision to decide where the children's wellbeing will best be protected.
]]> There are many factors that judges will take into account when deciding an Illinois child custody case. Many of these variables will include actions of the parents. Some things to avoid doing during your child custody dispute include:•· Don't yell at your ex-spouse. Although a divorce is stressful, showing calm and control is important.
•· Moving in with a significant other might send the wrong signal. Give the children time to accept what is happening before moving in with another person.
•· Criticizing your ex in front of others. It might get back to them or your children.
•· Don't screen your children's calls when they are with you, even if it's their other parent on the phone.
•· Tell your ex if you and the kids are leaving the area for a trip and when you'll be back.
While each situation is unique, these tips might help when going through a child custody dispute. Speaking with a child custody attorney can also be a wise decision.
Source: The Huffington Post, "Ways To Sabotage Child Custody," April 2, 2012 Joseph E. Cordell
]]>All of these things can be easier for people going through an Illinois divorce if they are organized. People who are organized can often fair better in their divorce settlement and could experience less stress during the divorce process.
]]> When someone is going through a divorce it is important for them to make a checklist of things they will need to gather, make a list of assets they own with their spouse, and what they think it may cost for them to live after the divorce.On top of being organized and accounting for assets, it is important for people to make sure they establish their own credit before getting a divorce, as well as their own bank accounts. These
accounts can usually be opened more easily when the couple is still married than after a divorce.
Monitoring your spending is another way to ease the divorce process. Make sure you are aware of all transactions on your accounts. Changing passwords on accounts including email accounts is another important step in helping to ensure you get the best divorce settlement.
Communicating privately with your divorce attorney and financial teams is also important during a divorce. You may not want your ex-spouse getting a hold on your financial situation or matters relating to your divorce.
Source: Forbes, "Why Women Who Are Organized Often Do Better in Divorce," Jeff Landers, March 27, 2012
]]>One of the smallest assets in size, however, might be one of the most valuable in sentiment. The wedding ring is often something that is brought up in divorce. Some people want to keep them, others want nothing to do with the rings, and some couples want to sell them and split the cash.
]]> So, what should people do with their wedding rings? One thing every couple should do is have them appraised, like any property. After that, they should be kept in a safe place until the couple can determine either through compromise or as part of a divorce decree what happens to the rings.Many times it will depend on the states laws, who bought the rings, how they were presented, and why the marriage is ending. Like with any property division, it might be wise to speak with an experienced divorce attorney. They can help you determine who the rightful owner of the ring is and what to do with it.
Property division can often be a complicated matter that may need compromise. Sometimes both spouses may find sentimental value or actual value in certain property. This means the couple will either have to work out a compromise or a judge may decide who gets the property. An attorney may be able to help couples work out an agreement to settle property division disputes.
Source: The Huffington Post, "5 Things To Know About Your Jewelry When Getting A Divorce," Steve Hami, March 20, 2012
]]>Unfortunately, the visitation of a 4-year-old Illinois girl has been ongoing for several years. The girl's parents were estranged from each other. Child custody had been ordered by a court to the mother, and the father was granted visitation rights.
]]> During a court-ordered visit, however, things turned tragic when the little girl's great-grandmother fatally shot the girl's father. The 76-year-old woman is now serving a 55-year sentence for the murder of the little girl's father.His parents sought visitation rights and were allowed visits every other weekend. However, the girl's mother has since relocated to Florida with their granddaughter. As a result, the paternal grandparents have since been denied visitation with their granddaughter.
In an effort to spend some time with their granddaughter, they are hoping to enforce their visitation rights, at least on a modified basis.
Recently, an Illinois judge has granted a modification to the paternal grandparents' visitation schedule to allow for four week-long visits. The hope is that each of the two summertime visits can eventually be extended to two weeks. This was a concession by the grandparents who understood that it would be difficult to transport the child every other weekend between Florida and Illinois.
Hopefully, the mother will comply with the modified visitation schedule ordered by the court in Illinois so that this little girl can spend time with her father's family in his absence.
Source: Journal Courier, "Judge modifies grandparents' visitations," Maria Nagle, March 1, 2012
]]>Stopping the abuse is the first thing that needs to be done to get out of an emotionally abusive situation, and overcoming a victim identity is the second, according to the article. Getting out of an abusive relationship is not always easy for the person trying to leave, but there are legal ways of protecting those who have suffered from any form of domestic violence.
]]> Seeking an order of protection is one way to help prevent future violence. This order can legally prevent the abusive person from contacting or being near the person asking for the order. After an order of protection is granted, the person who is leaving the abusive relationship may want to pursue more help to deal with the emotional effects of the abuse.This might include speaking with a family law attorney to make sure those who leave the abusive relationship and their children are protected. Domestic violence through the form of emotional abuse can sometimes have even longer-term effects than physical violence. Because of the long term effects of emotional abuse, it might be wise to seek emotional help on top of any divorce or protective order actions.
Source: GMA News, "Emotional abuse: The most common type of domestic violence," Veronica Pulumbarit, March 8, 2012
]]>Now the federal government is switching to all electronic payments next year, making it almost impossible for the men to withdraw or use money received from federal benefits. Instead the money will likely pay interest on child support payments that were missed or end up back with the federal government to pay for welfare payments for the child while the father wasn't paying child support.
]]> Although it is important to maintain support payments, sometimes men who are disabled or unable to work can't pay the support payments. Now this new policy will likely mean thousands of men who owed child support won't be able to receive disability benefits they rely on.One man suffered from a severe back injury and was not able to work for a period of time when he owed support. Under the new policy, his accounts will likely be frozen and instead of getting a paper check that he could cash, his money will go back to the government to pay for welfare that his son received. His son even spoke on his behalf, but the court wasn't able to help him.
Because of situations such as this, it is important to seek a child support alteration when you believe you won't be able to make the required child support payments. Speaking with a family law attorney might be a wise idea for someone in this situation.
Source: Associated Press, "Child support debts may leave some with no income," Daniel Wagner, Feb. 28, 2012
]]>The boy involved currently lives with his mother in the United States and his father is a British citizen. Although a Chilean court ruled that the couple was not to remove the child from that country while the custody dispute was settled, the woman fled to the United States. The man has been trying to regain custody of the child ever since.
]]> This month a U.S. federal judge dismissed the case saying that the boy turned 16 years old and was no longer covered under The Hague Convention, a treaty that established guidelines for dealing with international child custody disputes.The dispute went on in the U.S. court system for almost a decade, but now since the boy's age is over the age covered by the treaty, the court doesn't have to decide custody in the case.
Whatever side of the custody battle a person is on, it can be a long battle. Many people care about the wellbeing of their children, so it is understandable that they would want to fight for custody no matter how long it takes. If a parent thinks the wellbeing of their child might be at risk because of a certain child custody agreement, or the lack of an agreement, they might be wise to speak with a family law attorney.
Source: CNN, "Child at center of high court fight over custody gets closure," Bill Mears, Feb. 14, 2012
]]>As same-sex couples in Illinois may be finding out with tax season upon us, those who are in a civil union in Illinois are required to calculate their federal taxes twice once as joint for conversions to the Illinois tax form, and once as single because the federal government doesn't recognize civil unions.
]]> Couples in civil unions may also face similar legal issues down the line as states and the federal government learn how to deal with these differences and as new laws recognizing civil unions and same-sex marriages are past in other states.People in Illinois may enter into a civil union as long as they are not currently in one, or in a marriage. Therefore, some people may have to seek a divorce or dissolution of their current union to engage in a different one. The issue of divorce can be different for same-sex couples or those in civil unions from state to state.
Because of the complexity of civil unions when it comes to issues involving other states and the federal government, it might be wise to speak with an experienced family law attorney. They can help research the laws and procedures and work to resolve your family law issues.
Source: STLToday.com, "Illinois gay couples get tax hassle with civil unions," Jim Gallagher, Feb. 12, 2012
]]>Couples who have decided to seek a divorce should take it upon themselves to make sure they understand how their own finances work, what their financial and property assets are, including retirement accounts, and make sure they will be able to handle all of the daily and monthly tasks, that a couple might normally split up, on their own.
]]> For example, if a person always had their spouse balance the check book and pay the utility bills, it might be important to figure out how to do those tasks before splitting with your spouse. Other things to do or things to gather before seeking a divorce might include:•· Getting all legal and financial paperwork in order: tax records, financial account records, insurance policies, real estate documents, wills, power of attorney documents, trusts, loan information, records of lawsuits.
•· Establish your own financial history. Getting a credit card can help establish independent credit history, and having a separate checking and savings account might be wise.
•· Ensure that you have independent health insurance for you and your children.
These are just a few things that couples in Peoria might want to gather before seeking a divorce. It might be wise when contemplating a divorce to speak with an experienced family law attorney who can help you prepare and file for divorce.
Source: Huffington Post, "We're Getting A Divorce, Now What?," Linda Descano, Feb. 1, 2012
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