Posted on June 17, 2014 in Fathers' Rights

Conflicts between separated and divorced parents can be resolved in a Wheaton family law court. Child custody disagreements for many Ohio mothers and fathers' are influenced by hard feelings about an ex. Judges consider parental viewpoints but concentrate on the interests of people too young to debate the issue — children.

Relationship break-ups traditionally separated fathers from daily interaction with their children. Dads lived in "the other house" and saw children on a set schedule of visitations – weekends, special occasions, vacations and a few days or hours during the week. Fathers' rights groups feel the custody norm is no longer acceptable.

Lawmakers and judges are paying attention to dads who want to be with their children more often, sometimes with requests for equal physical custody. Research backs the emotional and physical benefits children get when they have fathers deeply involved in their lives. Child custody decisions steadily are moving toward gender equality.

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 Posted on June 13, 2014 in Child Support

Family structures and parenting have changed a great deal in Wheaton and across the country in the last few decades. Mothers traditionally have been the default custodial parent when couples separated or divorced. At one time, so few fathers were child support recipients the Census Bureau ignored them in April Current Population Surveys until 1991.

A Congressional Research Services report released in December analyzed 2011 census data to track child support patterns. Of the 14.4 million custodial parents in the U.S. that year, nearly 11.8 million were female. Male custodial parents numbered over 2.6 million.

Actress Halle Berry and her one-time boyfriend Gabriel Aubry became parents in 2008, before ending a five-year relationship in 2010. The former couple spent the last two years battling over child custody issues concerning their daughter Nahla, now 6.

The custody dispute began when a judge barred Berry from relocating her daughter to Europe in 2012. The 47-year-old star of the latest X-Men movie married in France last July – her third marriage – and gave birth to another child in October. The disagreement over Nahla's custody and support continued until a recent settlement was reached.

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 Posted on June 06, 2014 in Child Custody

Divorce can be one of the most difficult transitions in life a person can make. Many divorced Wheaton spouses want little or nothing to do with an ex, but that's not so easy when children are involved. Some former married couples move forward without conflicts over child custody or visitation rights, while some former spouses butt heads in court long after a relationship ends.

Wheaton courts sometimes recommend mediation for parents who cannot agree on a parenting plan. DuPage County provides in-class and online parent education programs for married and unmarried parents that teach co-parenting. A professionally-trained mediator meets with parents to help resolve problems keeping parties from reaching an agreement.

A third-party mediator takes no sides in the matter. In fact, the mediator's job and the focus of the education programs are to keep parents focused on the best interests of their children. Parents are encouraged to communicate and compromise, without letting personal differences override the goal of creating a satisfactory parenting schedule.

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 Posted on May 30, 2014 in Alimony

Financial obligations may not end when a marriage does. Child support and spousal maintenance link some former husbands and wives for years to come. The Internal Revenue Service treats each form of support differently.

Federal tax deductions are not permitted for ex-spouses who pay child support, but deductions are allowed when payments are made for alimony. Child support payments are not taxable for parents who receive them. On the other hand, spousal support is considered income and subject to taxation.

A new report by IRS overseer, the Treasury Inspector General for Tax Administration, noticed a significant disparity between what alimony payers and recipients are reporting. Officials reviewed 570,000 tax filings for 2010 and found $2.3 billion in alimony deductions that weren't showing up in recipients' income. Are they honest mistakes?

Many of the errors may have been caused by misinterpretations of divorce agreements, according to the director of Kogod Tax Center at American University. Spousal support and spousal maintenance are terms often used interchangeably with alimony. Poorly worded legal documents can make the boundaries between alimony and other support or marital property distribution blurry.

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 Posted on May 23, 2014 in Child Custody

Each year, assisted reproductive technology enables tens of thousands of individuals and couples in Wheaton, Illinois, and across the country to have children. The American Society for Reproductive Medicine reported more than 61,000 fertility treatment-related births in 2010. Legal changes have lagged as the popularity of assisted fertility has soared.

The ownership of frozen embryos will depend on whether an Illinois appeal is successful. A Cook County court has twice sided with a 42-year-old woman who claimed embryos created with a former boyfriend's help are hers. The boyfriend contends he has the right not to reproduce.

The couple was dating in 2009 when the woman learned she had cancer. The Chicago woman asked her boyfriend whether he would donate sperm for an embryo before she underwent chemotherapy expected to render her infertile. The man agreed, although neither partner had long-term plans for the relationship; the couple parted ways in 2010.

The sperm donor later changed his mind about permitting the cancer patient to use the embryos. No formal document was signed giving the woman exclusive control of the reproductive material. The Elgin man appealed a county court ruling in the woman's favor, but the matter was remanded to the lower court following a refusal by the state Supreme Court to decide the case.

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 Posted on May 14, 2014 in Fathers' Rights

Certain father's rights groups have begun to advocate that dads are not getting the fair end of the stick when it comes to divorce and child custody proceedings. In one recent case, a man and his romantic partner had decided to conceive a child by way of in vitro fertilization. Later, a judge denied the man paternal rights to the 4-year-old child, even though he tried to argue it was in the best interest of the child that he be given such rights.

More men, it seems, are challenging current legal conventions. For example, another man tried to protest his girlfriend's decision to move to another state after becoming pregnant with their child. An additional group of fathers brought a legal claim against their state for allowing women to give babies up for adoption without first consulting the father.

In spite of fathers' rights groups calling foul play, however, not everyone holds their opinion and some question whether the concerns of these men are true. In fact, over the last 40 years, a movement in the court system has led to men receiving more and more rights in family law proceedings. These days, courts have consistently left behind the notion that women should be the sole caretakers of their children.

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 Posted on May 08, 2014 in Child Custody

The experience of dissolving one's marriage can be painful and complicated. When a child is involved, it can be even more so. While most parents and Illinois courts do strive to make decisions in the best interest of the child, sometimes parents forget how children also suffer emotionally from the divorce experience. Indeed, divorce is not merely about the parents, it is also about the kids, and there are some things that parents can keep in mind to make the process easier on them.

One thing that parents can do is to provide children with a routine and a regular schedule. This can provide a sense of comfort to children when other aspects of their family lives may feel like chaos. Parents can also help their children by not engaging in bad-talk about their ex-spouses. This will certainly help one's children in the short-term and in the long-term, it will reflect positively on the parent who refrains from such negative talk.

As difficult as it may be to achieve, being more physically and emotionally present for children, giving little ones plenty of physical affection and giving teenagers a lot of talk time will do wonders for a child's emotional state. Occasionally reassuring children that they were not responsible for the divorce is something that kids will benefit from hearing as well. Providing this kind of reassurance often and regularly is very important for children.

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 Posted on May 01, 2014 in Alimony

The ex-wife of Eliot Spitzer is to receive a sizable amount of money in their finalized divorce settlement. According to a post-nuptial agreement, Silda Spitzer is to receive $7.5 million in the settlement. She will also have occupancy rights to their Fifth Avenue residence, receive a new automobile every five years, alimony income and other benefits. The sums associated with the agreement may seem exorbitant to the average Illinois resident; however, high asset break-ups can be unique when it comes to the stipulations found in divorce agreements.

As far as additional benefits go, Eliot Spitzer's ex-wife is set to receive a paid housekeeper for part-time assistance in her home and money for entertainment and other types of activities. On top of that, she will be paid a set amount of $240,000 annually until the end of her life or until she gets married again. Eliot Spitzer will further be required to pay her $100,000 as an annual allowance to give to charities.

While the amount Silda is to receive may appear high, it might not be out of scope with the level of the Eliot and Silda Spitzer's wealth. Eliot Spitzer's assets are valued at approximately $46 million. Also in 2012, he allegedly earned almost $4.3 million in comparison to his ex-wife's meager earnings of $112,000. Due to this disparity, Eliot Spitzer would be considered the "moneyed" spouse in this case; therefore, it was more likely that he would be required to pay his wife spousal support and provide her with other benefits.

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 Posted on April 25, 2014 in High Asset Divorce

Divorce is an emotional process that takes its toll on any Illinois resident who is in the midst of the process. As difficult as the emotions are, however, the legal and financial issues can be equally challenging to navigate. Indeed, during the litigation of a divorce, especially a high asset divorce, there is one issue that is often the most difficult to resolve: money.

Whether the argument involves spousal support, child support, debts or asset division, the issue of money is never easy to tackle. This is why it is essential for anyone going through a divorce to be completely aware of the state of his or her finances during the entire asset division process. Those who ignore the financial aspects tend to regret it later on down the line. So, what can one do to build this awareness?

Being more organized when it comes to financial matters is definitely important. Putting together one's financial documents and maintaining a file folder for every financial account is an excellent first step. Printing account statements that show balances before and after legal separation will also be of use. Being organized with one's financial documentation before it is required will help keep one from feeling overwhelmed when an item is suddenly required.

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 Posted on April 17, 2014 in Child Custody

The most difficult questions always come from children, and sometimes it takes a great deal of tact and thoughtfulness for an Illinois parent to answer them. Especially when it comes to answering questions regarding divorce, parents who are keeping the best interest of the child in mind must exercise a tremendous amount of care. Questions from children can be difficult to ponder for the parent as well. For example, how does one answer questions about whether one will get back together with an ex-spouse again?

Perhaps the most common (and most difficult) question, however, is when a child asks why his or her mother and father got divorced. Giving the real reason here could be overly harsh for the innocent ears of a child to say the least. Keeping one's answer to this question general, and stressing how mom and dad used to love each other a great deal, but they changed overtime and eventually grew apart, would be one way of approaching this difficult question. Bringing the emphasis back to one's children, how the separation did not affect mom and dad's incredible love for their children and that they will both always be there for them is also important.

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