One of the pervasive urban myths that I have heard during my many years of family law practice is that children at the age of 13 have the right to choose which parent they live with. I have heard this from clients, prospective clients and even an occasional practitioner. This statement is unequivocally false. The […]
In Illinois the Court’s generally assume parents will adequately represent their children’s interests. See Payla v. Payla, 87 Ill.App.3d 472 (3rd Dist. 1980). However, Illinois also has allowed children, albeit over the age of 18, to sue their parents for college education expenses. The issue is one of standing and whether a child, not a […]
In uncertain times, dividing the matrimonial pie is more than slicing equal pieces For couples contemplating a divorce, the volatility in the financial and real estate markets has created an impediment that has left many questioning how they will achieve future financial security while attempting to establish two households. A common goal may be to […]
Can couples part in a way that is respectful and does not add to a distressing situation? Yes they can, by following a few guidelines. By its nature, divorce is fraught with emotional issues, especially when there has been marital misconduct. But many of these issues— however real and upsetting have little relevance to the […]
A common sense approach to the trend in Illinois law A frequent question for family law practitioners is, what is “net income” for child support purposes? The law on this issue has been evolving over the decades since the enactment of the child support statute, which defines net income as the total of all income […]