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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 Posted on April 11, 2014 in Fathers' Rights

Lengthy child custody battles likely wear on the patience of parents. These custody battles might be due to a father trying to exert his legal rights to be involved in his child's life. For former National Football League star Kordell Stewart, breathing easy is likely possible now that the child custody battle that has been dragging on since 2011 is finally over. Illinois residents who are football fans might like to hear about how the case turned out.

The 9-year-old boy's mother was trying to relocate to a different state for a new job opportunity. That prompted the retired NFL player to exercise his father's rights and seek full custody of the boy. The mother objected to the request claiming that Stewart didn't spend a lot of time with his son. She claims he never even took the child on vacation.

The new custody agreement gives the mother the right to communicate with their son at any reasonable time via a phone at his father's home. It gives Stewart primary physical custody as part of the joint child custody agreement. No child support is ordered for either parent. Stewart gets the final say for any decision that the two parents can't agree upon.

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 Posted on April 02, 2014 in High Asset Divorce

One of the main goals of every divorce is to arrive at an equitable division of the marital assets. Note that this does not mean an even split. In many cases, one person will be entitled to more assets than the other. Those involved in the divorce process can spend a great deal of time and energy determining how this split should be made.

Though the process can be challenging, it can be simplified somewhat if each spouse has a clear idea of the family's finances. It is important, therefore, that spouses take control of their finances when the decision to divorce has been made.

Divorcing spouses should be sure to close joint bank accounts and credit cards, and separate buying and spending. This will not only make you aware of the state of your family's finances, it will also protect you from an unscrupulous spouse who may attempt to waste joint funds or run up enormous debts in both of your names.

Separating joint accounts and credit cards isn't the only action that should be taken as the divorce process begins. Spouses should also consider their life insurance policy — if it is designed to pay out in your spouse's name, you may want to have it altered or discontinued.

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 Posted on March 27, 2014 in Child Custody

Child custody is one of the most difficult and hotly contested areas of family law. Parents often feel very strongly about the long-term custody of their children, and about the visitation schedules that accompany a child custody determination.

In a child custody case, noncustodial parents often object to a perceived lack of parenting time. This can lead to difficulties and arguments in the child support determination.

Illinois lawmakers recently took a step to defuse these arguments by introducing a bill that would give noncustodial parents a greater amount of parenting time after a divorce. Under a bill known as HB5425, Illinois parents would have 90 days to come to an agreement about a child support plan that will work in their child's best interests. If they are unable or unwilling to come to such an agreement after 90 days, the judge would be obligated to create a parenting plan that gives the noncustodial parent at least 35 percent parenting time.

The 35 percent number is an increase over current statutes, though if the judge found evidence that the noncustodial parent is unfit or a danger to the child, he or she could award less parenting time.

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 Posted on March 19, 2014 in Child Support

When a couple divorces, the court goes to great lengths to ensure that the couple's children will be well cared for. Part of this process is the determination of child support, which requires the noncustodial parent to pay a certain amount each month to the custodial parent. When calculating child support in Illinois, the court takes each parent's wages into account, then assigns an amount based on each parent's current ability to pay.

Over time, however, the ability to pay can change drastically. If a parent suddenly begins to earn more or less money than he or she did before, he or she can apply for a modification, which will change the terms of the arrangement to better reflect the current situation. It's a process that will soon be initiated by actor Charlie Sheen, who says he wants to change the amount of money he must pay to his ex-wife each month.

Currently, Mr. Sheen must pay $55,000 per month to the mother of his two daughters, ages 8 and 10. According to a source quoted on AZ Central, the TV star hasn't seen his children in months, which has made him feel frustrated about paying child support. Mr. Sheen claims his ex-wife deliberately scheduled a vacation over Christmas so he couldn't see his daughters.

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