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Special Needs Consideration in Divorce
This article is intended to provide practical assistance to professionals and clients who are dealing with a family with a child with special needs. Many of these cases are factually complex and involve considerations that are outside of the normal course of a divorce. The First Step is to Not […]
Changes to the New Tax Law that will Impact How Maintenance and Alimony is Taxed
In the past, maintenance or what has been formerly referred to as alimony was taxable to the person receiving the payment (obligee) and deductible to the person who was paying (obligor). Federal law determines the taxability of maintenance. As of December 31,2018, all of this is going to change. After […]
Estrangement and Parental Alienation are NOT the Same Thing
In my years of practicing family law and working with all kinds of family structures in my divorce practice, as well as in the other areas of law that we deal with in our office (e.g. special education, mental health law, juvenile law), the words alienation syndrome are often mentioned […]
Statutory Factors that Judges Utilize in the Allocation of Parent Responsibilities: Decision Making
Parents can certainly agree to share decision making and allocation of time. However, in the absence of an agreement, courts will look to the factors outlined in the statute in determining parenting time and decision making. The court may even appoint an expert to make findings regarding the allocation of […]
School Shootings: A Perspective
Since the shooting at Marjorie Stoneman Douglas High School in Parkland, Florida this month, I have been once again thinking about how school shootings have become a tragic and all too common event in this country. I have avoided this discussion in a wider forum because the issues are complex […]
Autism and the Justice System
For the past twenty years, our office has represented many individuals on the autism spectrum. As those children grew into adolescence and young adulthood, some of them found themselves involved in the criminal justice system. Their parents were shocked that they were not receiving any special consideration because of their […]
Special Needs Divorce
Divorce and custody issues impact many families and can be particularly daunting for parents of children with special needs. There are many more moving parts and no formulaic solutions for these unique families. I now devote a portion of my practice to divorce, parentage and post-decree issues. It has been […]
Changes in Illinois Divorce Law
On January 1, 2016, many new changes to the Illinois Marriage and Dissolution of Marriage Act as well as the Parentage Act will be put in place. Senate Bill 57 and House Bill 1531 will greatly alter the divorce process in the state as it relates to custody, property, and […]
Divorce: Parallel Parenting
Parallel Parenting Defined As my divorce practice has grown, I have encountered parents who have so much animosity towards each other, and/or divergent views of parenting, that cooperation, co-parenting and shared decision making aren’t possible. For these families, a parenting plan known as parallel parenting may be a solution. Who […]
Rights of Teens Regarding Confidentiality under the Mental Health and Developmental Disabilities Confidentiality Act
Many parents who come to our office are surprised to learn that their child, if they are at least 12, must consent to the release of mental health information. Who has the right to the records protected by the Act? You have the right to copy and inspect your own […]
School Officials Don’t Need Probable Cause to Question Student
Many parents are outraged when their child or adolescent is questioned by school officials regarding misconduct in a school setting without appropriate Miranda warnings and without notifying the parents. A district court in Michigan recently ruled that a school was able to detain a student for questioning. To detain a […]
Navigating the Holidays after Divorce
Plan ahead! Don’t wait until the last minute to work out the details of the holiday. This includes travel plans, pick up and drop off and other details. Let everyone know in advance what the plans and schedule are. Try to work together and keep your children at the forefront […]
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