Law Offices of Michael F. Roe LLC

Our law and dispute resolution practice is focused on complex divorce and custody cases, domestic violence, parentage (paternity) cases, and post decree support and custody modification. Many of the office's cases include issues of contested child custody, property division, restoring visitation with children, modification of support, prosecuting or defending Orders of Protection, and domestic battery cases.

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Confusion still reigns with respect to the tax treatment of spousal maintenance for Illinois divorce cases. I still see other law firms discussing online spousal maintenance (support) using the old rules.
In Illinois, spousal maintenance (also known in other states as alimony) is generally not tax-deductible for the payor nor taxable income for the recipient. This change came into effect due to the Tax Cuts and Jobs Act (TCJA) of 2017, which significantly altered the tax treatment of spousal support (maintenance)  nationwide.
Under the TCJA, for divorce or separation agreements executed after December 31, 2018, maintenance payments are no longer
Continue Reading DuPage Divorce Lawyer: Is Spousal Maintenance Still Tax Deductible?

Introducing children to a new romantic partner, or “paramour,” during or after a divorce is a delicate matter that should be approached with careful consideration and sensitivity to the children’s needs and emotions. Here are some factors to consider when determining the appropriate timing for such introductions:

  • Stability and Adjustment: It’s generally recommended to wait until the divorce process has reached a point where the children have had time to adjust to the changes in their family dynamics and establish a sense of stability. Rushing into introductions too soon can add additional stress and emotional harm for children still grappling

  • Continue Reading Kane County Divorce: When is it Appropriate for Kids to Meet a Paramour?

    My practice has managed successfully cases dealing with NPD traits for many years. People with toxic narcissistic traits can cause a lot of harm and damage in a marriage and with children. In a divorce, people with toxic narcissistic traits can continue their self-centered toxicity, blaming, gaslighting, and other harmful behaviors. Narcissists can present significant challenges in a marriage, as well as a divorce, due to their characteristic traits which often include:

  • Lack of Empathy: Narcissists typically have difficulty understanding or empathizing with their partner’s feelings and perspectives. This can lead to emotionally abusive behaviors.
  • Self-Centeredness: Narcissists tend to prioritize

  • Continue Reading DuPage Divorce Lawyer: Toxic Narcissists and Divorce

    One aspect of the divorce case I take seriously is managing the request to the judge for a guardian ad litem in a contested parenting dispute.  Sometimes, there are behavioral and psychological issues in a divorce with one of the parents, that can impact the ability of that parent to safely care for the child or children. A guardian ad litem (GAL) plays a crucial role in divorce cases, particularly when the interests of children are involved. Here’s how they typically assist the court:

  • Representing the Best Interests of the Child: The primary role of a GAL is to advocate

  • Continue Reading DuPage County Divorce Lawyer: How does the GAL Assist in a Divorce with Children?

    I received a call today from a potential client in Illinois whose partner/spouse left the State of Illinois and set up life with the minor children in another state.  As I look back on decades of my Family Law career, I have had a number of similar cases. Sometimes, when a marriage falls apart, a spouse takes the children out of state and goes “home” to where he or she grew up and has family locally. In this situation, sometimes the spouses will file a divorce case is two different states. How does the law handle and reconcile the fact
    Continue Reading Kane County Divorce: Why is the UCCJEA Important in Illinois Child Custody Issues?

    Through the decades of practicing divorce and child custody law in Illinois, I have encountered the myriad reasons that a spouse or couple is seeking a divorce.  In some cases, there are serious behavioral issues that make staying together unhealthy for the marriage, and unhealthy for the children. In a minority of time that people meet with me for a complimentary initial consultation, the issues are fixable…for example, young couples that need counseling to learn how to manage conflicts in a marriage. I always encourage fixable family situations to seek counseling or other behavioral health modalities before initiating a divorce
    Continue Reading Kane County Divorce: What are some Reasons People Divorce?

    In Illinois, child custody (now called allocations of parenting time and decision making) can be modified through the courts if there is a substantial change in circumstances that warrants a modification. In general, the modification will be sought after two years has expired from the original judgment, but some cases allow for a modification before two years if the issues presented are serious, or if the changes are moderate and needed to serve the interests of the child(ren).

    Here are the basic steps:

  • File a Petition in Kane County: The process begins by filing a petition with the court requesting

  • Continue Reading Kane County Divorce: Modifying a Child Custody (Allocation) Order

    One aspect of my practice is to deliver high level legal skill to my clients, while at the same time optimizing their outcomes in a cost-effective manner. Divorces don’t need to cost an “arm and a leg.”
    Divorce can be emotionally and financially taxing for all parties involved. While the emotional aspect might be harder to mitigate, there are several strategies to save on the cost of divorce:

  • Mediation: Consider opting for mediation instead of litigation. Mediation involves a neutral third party who assists in facilitating discussions and negotiations between spouses to reach mutually acceptable agreements. It’s often faster, less

  • Continue Reading DuPage Divorce: Divorces don’t need to cost an “arm and a leg.”

    A few years ago, I tried a lengthy case in Will County, Illinois that ended up on appeal on a few key issues. One of these issues is that at trial, I put in evidence and argued that the small company owned by the parties should have its retained earnings considered as marital property, insofar as the practice of this husband and wife company had been to distribute the retained earnings out to themselves as dividend income. While the trial judge held that they were part of the valuation of the marital business, the appellate court agreed with my approach,
    Continue Reading Kane County Divorce: Are Retained Earnings Marital Property?

    Parental alienation is defined as a mental condition in which a child—usually one whose parents are engaged in a contentious separation or divorce—allies themself strongly with the preferred (alienating) parent and rejects a relationship with the other (targeted) parent without legitimate justification.
    – The mental component of this condition is a false belief that the rejected parent is evil, dangerous, or not worthy of love.
    – The behavioral component of parental alienation is the firm, persistent rejection of a relationship with the targeted parent.
    Continue Reading Kane County Divorce: Parental Alienation

    The Borderline Personality Disordered Parent: A Challenge for Courts, Professionals, the Target Parent, and the Child
    Mary Alvarez, PhD, Psychologist
    WHY WOULD A PARENT weaponize a child in order to hurt or destroy the other parent’s relationship with that child? Which also leaves the child with significant negative psychological effects? There are several different psychological “culprits” that can help explain a parent’s extreme behavior (engaging in parental alienation) and borderline personality disorder is one such high conflict personality disorder that is not an uncommon diagnosis for the alienating parent. Not understanding nor including some sort of plan to deal with
    Continue Reading The Borderline Personality Disordered Parent: A Challenge for Courts

    Parental Alienation Awareness Day is THIS Thursday, April 25

    Please do NOT reply to this message.

    The Anti-Alienation Project

    Remembering…
    the Colorado Panel Event
    on April 4, 2024

    The Anti-Alienation Project wishes to say thank you to PASG for sponsoring our Colorado panel event. It was such a meaningful and profound healing experience to meet, in person, and spend time with other child survivors of parental alienation.
    The full panel discussion video, with Dr. Jennifer Harman’s awesome introductory lecture, will be premiering on YouTube on Parental Alienation Awareness Day this Thursday at 7 PM EST (5 PM MST).
    Please join us to
    Continue Reading Parental Alienation Awareness Day is Thursday, April 25

    Custodial Interference is a form of child maltreatment and a crime under family violence. Raising awareness about this issue can help reduce alienating behaviors, such as withholding and manipulating children.

    Your help would be appreciated in sharing and promoting this campaign throughout the month of April.

    The goal is to urge parents to contact their governmental representatives (state legislators in the U.S.) to ask them to take a stand against custodial interference in all its forms.
    Continue reading →
    Continue Reading Child Custodial Interference is a form of child abuse

    Chief Justice Mary Jane Theis and the Illinois Supreme Court announced the adoption of new Rule 909 which establishes a statewide framework for courts to utilize “parenting coordinators” to resolve minor issues causing conflict in family law cases. The new Rule is effective immediately.
    New Rule 909 and the Illinois Supreme Court Rules can be found here.
    New Rule 909, first proposed by the Illinois State Bar Association and approved unanimously by the Supreme Court Rules Committee, allows for each Illinois judicial circuit, if it chooses, to establish a parenting coordination program via local rule. Several judicial circuits, including
    Continue Reading Illinois Courts: New Parenting Coordinator Statute

    Opinion Date: March 12, 2024
    Areas of Law: Family Law, Mental Health Law

    This case involves an appeal against a judgment from the Montana Eighteenth Judicial District Court, Gallatin County, which committed the appellant, G.M., into the custody and care of the Montana State Hospital (MSH) for involuntary mental health treatment. The key issue at hand is whether the District Court erroneously found that G.M. was unable to adequately care for her own basic needs and safety based on hearsay statements made by her husband through the testimony of a court-appointed professional.
    G.M., aged 66 at the time of the
    Continue Reading Mental Health Case Law: Psychological Experts: Illinois Divorce

    Source: One Mom’s Battle
    ” The High Conflict Person’s actions are driven by revenge and anger. This person is unable to act in the best interest of their child and is unable to move forward in a healthy direction. They use every opportunity to berate, chastise or make digs at the healthy parent. They undermine the healthy parent by disrupting the child’s sleep schedule, diet and routines. They contradict established rules and withhold information. Ignoring school responsibilities, projects and homework to create chaos for the healthy parent. It’s also using the parenting time schedule as a weapon and, forcing custody
    Continue Reading Illinois Divorce: Post Separation Abuse: