Author: Mervate Mohammad

Where should you file your divorce, custody or child support case?

Before filing your case, you must determine the correct state, county and courthouse to file with. Filing in the wrong courthouse, county or state may result in a complete dismissal of your case. Courts look at whether there is proper jurisdiction over a case before making any substantial rulings on the pending case. Jurisdiction is the legal word for “where… Read more →

Child Expenses and Child Support: The Basics

Child Support and Contribution to Child Expenses is usually awarded to the parent who has custody (now known as “majority parenting time” and/or “residential custody”) in a parentage, divorce or legal separation matter from the non custodial parent. Child Support A court will order the parent who does not have custody or majority parenting time of the child (i.e. noncustodial… Read more →

Children of Divorce: When to Use a Child’s Representative or Guardian Ad Litem

Divorce can be especially complicated when the parties cannot agree on child custody, visitation, or children’s expenses. These disagreements can include school enrollment, college contributions, holiday schedules, regular parenting time throughout the week and weekend, and babysitting fees, among other issues. If the parents cannot come to an agreement on any of these issues, the court may choose to appoint… Read more →

The Difference Between a Prenuptial Agreement and a Postnuptial Agreement and Why You Should Have One.

Divorce proceedings can take years to finalize if the parties have a significant number of assets and/or they simply cannot agree on who is entitled to what property or asset. These disputes are especially common where the parties own real estate, retirement accounts, or have interests in one or more businesses. At their worst, a contested divorce case can require… Read more →

Orders of Protection Pursuant to the Illinois Domestic Violence Act of 1986

Illinois lawmakers have recently amended the Illinois Domestic Violence Act of 1986 and increased the remedies and modified the categories for protected parties under the Act.  (750 ILCS 60/102). With these changes, Illinois has shown its commitment to preventing domestic violence.  The Act protects against all violence from family and household members including: hitting, kicking, choking, threatening, harassing, or interfering… Read more →

Illinois’ New Foster Children’s Bill of Rights Act

In 2016, Illinois enacted the Foster Children’s Bill of Rights Act, providing rights for children placed in the care of the Department of Children and Family Services (“DCFS”). Adopted under the official title of PA 99-0344, the Foster Children’s Bill of Rights Act aims to ensure the health, safety, and well-being of all children placed in foster homes under DCFS… Read more →

The Overhaul of the Illinois Marriage and Dissolution of Marriage Act: Changes to Maintenance in 2016

Laws and processes are continuously changing and evolving to keep up with time and society, and the year 2016 is no different. Specifically, revisions to the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) regarding alimony, now known as maintenance, in divorce, legal separation and annulment  support cases have changed considerably. Prior to January 1, 2016, temporary support consisted of… Read more →