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Belleville and Edwardsville Divorce Law Blog

Shared custody and child relocation issues in Illinois

45758308_S.jpgWhen parents go their separate ways after a divorce, they typically end up with shared custody of children. A parent who later wishes to move will have to initiate a legal process to inform the other parent and gain consent if the move qualifies as a relocation.

In Cook, DuPage, Kane, Lake, McHenry or Will counties, the law defines relocation as a move that exceeds 25 miles from the child's current home within the state or to another state. Madison County and other counties in the state define relocation as a move of over 50 miles within the state or over 25 miles to another state. A parent needs to send written notice to the other parent and the circuit court 60 days before the move or as soon as possible. The parent needs to provide the new address and the expected duration of the move.

When parents abduct their own children

Parents who abduct or kidnap their children in Illinois and other states violate both federal and state laws as well as their custody orders. Depending on the state, judge, and family circumstances, the parent who kidnapped the child may permanently lose his or her custody rights. He or she could also face criminal charges with penalties such as jail time, loss of visitation rights, and steep fines.

When a parent kidnaps a child and remains in the U.S., law enforcement officials, such as the FBI and other state and federal authorities, are the best option. They are experienced in these matters and best equipped to search for the missing child. Parents are allowed to hire private investigators to conduct their own investigations, but this course of action can be very expensive.

Dividing a business after a divorce

45840469_S.jpgIllinois residents who own a business with their spouse may have a difficult time dividing that asset in a divorce. Because many business owners hold the majority of their wealth in their company, it's usually not that simple for one spouse to just buy out the other spouse when they go through a divorce. In many cases, divorcing business owners who do not want to keep working together are forced to sell their business and divide the profits.

It is possible for one spouse to buy out the other spouse's share in the business after a divorce. However, unless a divorcing business owner has a lot of cash, it may be necessary for them to take out a loan to buy out their ex-spouse's share in the business. Another option is to add a new partner to the business that can buy out the ex-spouse's share.

Man begins jail sentence for non-payment of support

53956781_S.jpgDivorced Illinois parents who are finding it difficult to collect court-ordered support may be interested in news coming out of Louisiana regarding an ongoing case in that state. The former NFL player Robert Meachem began serving a jail sentence there for non-payment of child support and alimony on Feb. 13. Although he was sentenced to 30 days behind bars by a Jefferson Parish court, payment of a portion of the nearly $400,000 that is reportedly in arrears could result in an earlier release for him.

Meachem earned more than $20 million during his professional career but had only paid approximately $200,000 of the $588,000 that he reportedly owed. His ex-wife had claimed that he had previously withdrawn substantial sums from the couple's joint accounts without her knowledge.

Men can also be victims of domestic violence

40967390_S.jpgMost Illinois residents take allegations of abuse seriously. However, when people think of "domestic violence," they often assume that the victim is a woman. However, domestic violence committed against men also occurs regularly.

Domestic violence covers a wide range of violent acts that are committed by one family member against another one. Although domestic violence often covers physical harm, it can also cover emotional, psychological and sexual abuse. When domestic violence occurs, a common trigger is accusations of infidelity, though alcohol and drug abuse also often play a significant role. Many female abusers often restrict or control the victim's finances or may even threaten to reveal embarrassing personal information.

Rule allows child support modifications for incarcerated parents

14582730_S.jpgIllinois parents who are incarcerated will be able to file for a modification of child support under a rule that Barack Obama signed and which went into effect on Jan. 19. So far, the Trump administration has not indicated that it plans to roll the law back although this may change when more positions within the administration are filled.

Because some states considered people who were incarcerated to be voluntarily unemployed, incarcerated parents were not able to get their child support reduced due to a change in circumstances despite having very little or no income. In some cases, this would result in the parent accumulating a significant child support that they would then be unable to pay once they were released. The parent would then be returned to prison due to nonpayment of support, and the cycle would resume. These laws remained in place in more than a dozen states despite the findings of the U.S. Supreme Court that parents' due process rights were potentially being violated.

Singer Robin Thicke loses custody of 6-year-old son

Illinois parents who are going through a custody dispute may be interested to learn that on Jan. 26, singer Robin Thicke lost custody of his 6-year-old son. Further, the judge also allowed a restraining order against him, preventing him from seeing or contacting both his son and the child's mother.

The dispute began in early January when the child's mother claimed that he excessively spanked the child. School staff gave their statements to the court, stating that the child told them that his father hit him "hard" and that he did not want to see him.

Judge says Sherri Shepherd's ex won't get more child support

67022316_S.jpgIllinois residents might have heard about the divorce of former "The View" co-host Sherri Shepherd. Since her divorce in 2014, Shepherd has been involved in legal disputes over the parentage of a child that was born through surrogacy. The ex is now raising the child, and Shepherd is paying $6,400 per month in child support.

The ex filed a petition in December asking a California family court to order Shepherd to pay more child support and reimburse him for his legal fees. According to the ex, Shepherd now earns significantly more money than she did when the initial child support order was calculated. The former husband also claims that the former couple's 2-year-old son has a genetic condition that requires frequent visits to the doctor and a strict diet.

Delinquent child support payments

Divorced Illinois parents who have to pay child support should be aware that if their exes missed a payment, that doesn't excuse them for being responsible for it. The obligation to make delinquent child support payments will continue.

Parents who are late submitting their child support payments are referred to as being 'in arrears." Any orders for child support that was supposed to have been paid before the child turned 18 will still be enforceable.

Robin Thicke in custody dispute after spanking accusations

49949771_S (1).jpgIllinois residents who follow celebrity news may be interested in learning that crooner Robin Thicke and his ex-wife Paula Patton were back in court over a custody dispute on Jan. 12. The return to court was prompted by a report filed by their 6-year-old son's school after he claimed that his father had hit him.

Thicke's ex-wife filed the motion seeking an emergency order of custody. In the motion, she claimed that she was concerned that the child was not safe as the son stated that Thicke had hit him. The statement said that the 6-year-old claimed that Thicke had struck him very hard. An affidavit from a school official, which was also submitted, said that the child had reported that Thicke had punched him.

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