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A Major Overhaul of Illinois Family Law Appears to be on the Way in 2013.

          Often times in a divorce case one of the first issues to sort out is, "Will the spouses live together while the case is pending?". Since a divorce case can move very slowly through the system - particularly when things are fought out at each step - exclusive possession of the house can be a major milestone in the case.           Some attorneys suggest an Order of Protection before the divorce is even filed to try and get the other spouse out. In such instances, they better have some familiarity with the judge's practices for Orders of Protection because what level of abuse is needed to get a spouse booted from the marital home varies from judge to judge and county to county. Also in many counties, the judge who decides the Order of Protection issue is NOT the same judge that hears the divorce. Therefore even if the Order of Order of Protection judge grants exclusive possession, that ...

Q & A by me on AVVO

Q & A by me on AVVO - This is a website I visit often to answer very general questions. Check it out to see if I can answer some of you questions and to get a feel for how I handle my cases including issues in divorce, custody, child support, alimony, maintenance, college contribution, visitation disputes and other family law matters in Will County, Illinois - Joliet. http://www.avvo.com/attorneys/60432-il-anthony-andreano-1141788/answers.html Also check out my website: www.andreanoandlyons.com

Changes to Child Support Statute in 2013 on Child Related Expenses

A recurring issue in family law has been the issue of what child support covers. Do regular percentage child support payments cover all the costs of raising children or are there some expenses that a non-custodial parent should pay outside of the child support. In Will County, divorce judges have routinely ordered non-custodial parents to contribute toward a child’s unreimbursed medical expenses, day care costs, school fees and extracurricular expenses IN ADDITION to regular child support. This has sometimes been hard to explain to clients paying support because the child support statute never addressed the issue directly to say whether these additional expenses were part of what child support covered. However, a change effective January 1, 2013 is meant to clarify the issue. The statute now gives the court the specific authority to award theses additional expenses (or a contribution to them) in addition to regular child support. The new law states: 750 ILCS 5/503 (2....

Know your COBRA Rights to keep health insurance coverage after a divorce

The Consolidated Omnibus Budget Reconciliation Act (COBRA) mandates that most group health plans must provide a temporary continuation of coverage that otherwise might be terminated upon divorce or other event. COBRA requires continuation coverage to be offered to covered employees, their spouses, their former spouses, and their dependent children when group health coverage would otherwise be lost due to certain events including: ·         the death of the covered employee, ·         termination or reduction in the hours of a covered employee’s (unless fired for gross misconduct) ·         divorce or legal separation from a covered employee, ·         a covered employee’s becoming entitled to Medicare, and ·         a child’s loss of dependent status (and therefore coverage) unde...

Trial and Hearing Call Status WIll County Family Courts

Have a hearing date tomorrow morning (9:30) or trial (afternoon) and want to find out if the court is going to hear your case? Call (815) 727-5651 to hear if your judge is open in the a.m. (morning hearings) or afternoon (trials). HOWEVER, court dates and trials are regularly changed at the last minute so you can't rely solely on this . In other words, YOU SHOULD APPEAR, if anything so you can get a new date.

Deadbeats Don't Drive (and sometimes even if you're not a deadbeat)

In Illinois the Family Financial Responsibility Act, allows the courts and the child support collection services of the Illinois Department of Healthcare and Family Services (DHFS) to suspend the driver's license of parents that falls behind in making court-ordered child-support payments. The law outlines two ways for this to happen: 1) Court Ordered Suspension A Will County judge may rule that a parent is at least 90 days behind on child support payments. The court notifies the Secretary of State's office that the parent is in contempt of court for failure to pay child support. The Record of Non-Payment of Court Ordered Child Support Family Responsibility Law is completed, certified by the court and submitted to the Secretary of State's office which results in the pending suspension being loaded onto the driving record. The Secretary of State's office notifies the driver that a license suspension will become effective in 60 days. The suspension can be avo...

Dedicated Prove Up Dates in 2012 - Documents needed for a prove-up

If you trying to get a divorce without an attorney, here are a few tips but there is much more to this than setting the court date up correctly. This is only a partial list. You should consult an attorney at least once before doing this on your own. Dedicated Prove Up Date in 2012 (dates to schedule the final date for agreed or default divorces). You can schedule for Judge Nash's call but make sure you have all your paperwork ready including: Judgment with all terms of agreement or separate Martial Settlement Agreement Affidavit Waiving 2 Year Separation (if required)  Completed Withholding Notice and Order (if child support or maintenance paid); Parenting Class Certificate (if minor children);  "Certificate" required for data purposes (get from court clerk) If there is a pension or 401(k) division you will need additional paperwork to get that done. If a default case: proof of service of Summons and Petition for Dissolution and a...