Anderson Boback & Marshall Blog
Practical Considerations for Calculating Income for Child Support
During a divorce and/or child support proceeding, the parties often crunch (and re-crunch) numbers to try and predict what their support obligations could be or what they could be entitled to per law. The payor will take the net pay reflected in his/her paycheck and assume that that would be the only income that will be taken into consideration for
When Attempted Service of Process Fails
To initiate a case that is not initiated by agreement, the other party has to be served notice of process. The service itself is simple; the sheriff goes out to the person’s residence or place of employment and hands them copies of what has been filed in the case, including a Summons. This person is then considered “served” and they
Division of Pensions After a Long Separation Period
In most situations, the Husband and Wife have lived together up until or very close to the date one of them files a Petition for Dissolution of Marriage. But what about those situations where the parties have been separated for 10 or 20 years prior to the filing of a Petition for Dissolution of Marriage? Pursuant to section 503(a)(2) of
Limitation of One-Hour Drive on Parenting Time is Reversible Error Without Finding of Serious Endangerment
With new changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), comes different ways of applying the law. One of those changes is a parent’s restriction on removing a child for more than 25 miles than their prior location without leave of court. While the restriction used to be based on state lines, it is now based on
What does the discovery process entail?
Discovery is the process in which litigants obtain information from the other party to be used at hearings or trials. Typically, discovery is done in three different forms: depositions (oral discovery), interrogatories (written discovery) and production of documents and/or items, recordings and the like. In addition to these, parties in domestic relations cases in Illinois also have to do a
How Can I Enforce a Court Order Against My Ex?
If you are currently in the court process for any type of litigation, you may have noticed by now that just because a judge has ordered someone to do something does not mean that person will do it. This realization can be very frustrating for many people and can make settlement a lot more difficult. Before you can enforce
Additional Overnight Parenting Time is Not a “Minor Modification” in Illinois
There have been several changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). One of those changes is the requirements to modify a parenting plan, formerly known as visitation. Prior to the changes, a party need only prove that it was in the child’s best interests to modify a visitation schedule. The new change now codified into the
