Latest from Sherer Law Blog - Page 2

Non-payment of court ordered child support can significantly affect the well-being of a child. Across the nation, only 58% of one-parent households have a court ordered support agreement, and of that percentage, only one-half receive the full support they are owed. [1] In Illinois, non-payment of child support is a serious offense and a series of laws exist to collect delinquent payments and ensure future payments. In the past 25 years, Illinois has substantially reformed child support laws. Illinois repealed the statute of limitations on the collection of past-due child support. Additionally, past due payments are now subject to statutory…
Relocation is one of the more complex areas of Family Law.  Relocation issues arise when one parent wants to move the children a significant distance, whether in the state of Illinois or to another state.  When the children’s parents are separated, relocation requires specific authorization from the court before the children can be moved. This past February, Rep. Natalie A. Manley introduced house bill 2186, which proposes to change the definition of relocation as it relates to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). [1]While this might seem trivial, if passed, it will seriously alter when court…
Published in the Chicago Daily Law Bulletinby Andrew Maloney A civil union did not confer parenting rights to a woman whose partner died, a downstate appeals court has ruled. The 5th District Appellate Court panel held that a person in a civil union does not qualify as a stepparent to their partner’s biological child under state law. The appellate panel in Mount Vernon ruled in an April 11 opinion that Kris Fulkerson did not have standing to seek visitation and responsibilities for her deceased partner’s child, A.S., under the Marriage and Dissolution of Marriage Act. Justice Judy L. Cates wrote…
Many couples will enter into a prenuptial agreement (or a “prenup”) before they get married.  These agreements are intended to decide how your assets would be divided and financial terms of what would happen if you were to get divorced.  While it can be uncomfortable to think about separating from someone you are just about to marry, prenuptial agreements are a good idea.  When done correctly, they allow you to make what could be important financial decisions for both you and your partner at a time when you are getting along, rather than possibly having to litigate issues down the…
If you are currently in the midst of a divorce or other proceeding involving child custody, visitation, or division of assets, then you are likely familiar with the term “mediation.” While the term may conjure up images of corporate board rooms, family mediation in Illinois is actually a much different process.  Understanding what happens during a family mediation can make you more confident going into the process and help you receive all the benefits that a mediation can offer. Mediation is used as an alternative to a litigated divorce.  It can be entered into both voluntarily or by court order. In…
Currently pending in the Illinois Legislature is House Bill 0185, which if enacted, may prove to have major ramifications in any divorce case involving children.  Under this new bill, unless specifically stated in a court approved parenting plan, each parent would be granted equal parenting time. [1] This award of equal parenting time would a rebuttable presumption and states that the court will look to all relevant factors when allocating parenting time.  It goes on to list 17 factors the court must consider when making a determination. Several of the enumerated factors include: the wishes of each parent seeking parenting…
Whether you are a landlord or a tenant, the eviction process can often feel confusing and downright unfair.  A tenant may feel as though they are being taken advantage of or being preyed upon during a vulnerable time in their life.  A landlord may feel as though the process is overly bureaucratic and requires too many steps.  Whichever side of the aisle you fall on, Sherer Law Offices is here to share a few things every landlord and tenant should know about the eviction process. To begin, a landlord must have some legal reason to force a tenant to move…
Anyone under an obligation to pay child support or maintenance has probably heard the phrase “substantial change in circumstances.” This is the standard typically required to get a modification of support or maintenance unless the order is able to be reviewed for other reasons, such as a certain amount of time that has passed since the last order requiring the support.  Although used frequently, it can be difficult to pin down what exactly constitutes a “substantial change in circumstances” for the purpose of a support modification.  What seems substantial to you may not be substantial in the eyes of the…