VIRTUAL VISITATION

June 14th, 2010

VIRTUAL VISITATION

In today’s society, people are increasingly mobile.  They move from town to town, state to state or even country to country.  They travel for work.  Their children are involved in more activities, which leaves less time for families to spend together.  This time is even more limited when parents get divorced.  Recognizing this changing society, the Illinois Legislature has modified the Illinois Marriage and Dissolution of Marriage Act to incorporate virtual visitation.  This virtual visitation allows a parent to spend time with their children when the child is not in that parent’s actual physical presence through communication tools including telephone, electronic mail, instant messaging, or video conferencing.  This new development in the law will allow a dad who has to travel for work to still see his son or daughter for their regularly scheduled weeknight visitation even though they are miles away.  But perhaps more importantly, with a webcam, a child can see both parents every day.  A child can log onto his or her computer and ask mom or dad for help with homework.  They can login to just drop in and say hello.  Suddenly, regular contact is available for both parents.  The question then becomes “Is Virtual Visitation Right for your Family?” This is an option you need to discuss with your attorney when discussing custody and visitation. ESP, KREUZER, CORES & MCLAUGHLIN, LLP handles these and all other divorce and family issues. Attorneys Andrew Cores, Matthew Grob, Wendy Musielak and Julie Hoffman routinely handle matters like these.

ESP, KREUZER, CORES & MCLAUGHLIN, LLP APPELLATE SUCCESS

June 14th, 2010

ESP, KREUZER, CORES & MCLAUGHLIN, LLP APPELLATE SUCCESS

Appellate Court affirms $9,700 per month Maintenance Award

Recently, Andrew P. Cores and the attorneys at Esp, Kreuzer, Cores & McLaughlin, LLP were affirmed by the Second District Appellate Court when the Court ruled that the maintenance award of $9,700 was appropriate.  Mr. Cores represented the wife, who had been a stay at home mom during the parties’ twenty year marriage, while her husband became a successful executive.  During the course of the marriage, the wife had moved from state to state to support her husband.  At the time of the trial, the husband’s base pay with annual bonus was $271,949.00, while the wife earned no income.   Mr. Cores successfully proved to the Trial Court that based on the parties’ standard of living during the marriage and the husband’s income that a substantial maintenance award was required.  The court ordered the husband to pay $4,100 per month in child support and $9,700 per month in maintenance.  The Husband appealed.  After written and oral arguments, the Appellate Court affirmed the Trial Court’s decision finding that the award was not an abuse of discretion despite the husband’s argument that the support award was 100% of his base pay and 70% of his total base and bonus income.

Contact an attorney at ESP, KREUZER, CORES & MCLAUGHLIN, LLP to discuss your divorce case.  ESP, KREUZER, CORES & MCLAUGHLIN, LLP handles all divorce and family issues. Attorneys Andrew Cores, Matthew Grob, Wendy Musielak and Julie Hoffman routinely handle matters like these.

Summer Parenting Time…..changes as often as the weather?

June 14th, 2010

BLOGS

Summer Parenting Time…changes as often as the weather?

You may be currently going through a divorce.  You may be divorced, but constantly deal with challenges regarding summer parenting time, vacations, school breaks, camps, or other visitation issues.  Maybe you have a job that is flexible, and you want to spend more time with your children over the summer but the parenting agreement doesn’t fully address all of the potential scenarios.  What are your options?  It is almost always best for the entire family if you and your spouse (or ex-spouse) are able to work through visitation and parenting issues on your own.   If not, do you have a Joint Parenting Agreement?  If so, there will be a mediation clause stating that any issues relating to the children and visitation will first need to be addressed through the mediation process prior to going to court.  If legal custody is “sole” not “joint”, then you may not have a mediation clause in your agreement.  But, mediation is quite often the best way to address these types of issues.  It is the chance for you and your spouse (or ex-spouse) to make these decisions without attorneys, without a judge, and decide what is best for you and your children.  Visit our website for more information on mediation, and how our experienced family law team can assist you with your summer schedule, visitation and other parenting issues.  

Time IS of the essence

There is such a thing as waiting too long.  If you are seeking penalties against an employer for failing to withhold and submit child support payments, seek it earlier rather than later.  A recent 2d District Appellate Court decision held that a wife was time-barred by a statute of limitations and could not seek penalties against her ex-husband’s former employer.  In Re Marriage of Stockton, No. 2-09-0594.  In Stockton, the Wife filed a complaint on January 8, 2007, alleging that her ex-husbands former employer failed to withhold and submit payments in a timely manner, according to a 1998 withholding order.  The last payment that was made to her was in April, 2000.  The Appellate Court found the appropriate limitations period would be two years under Section 11-202 of the Code of Civil Procedure.   Therefore, if you are seeking penalties for unpaid child support, act now, don’t wait.  The clock is ticking.

ESP, KREUZER, CORES & MCLAUGHLIN, LLP handles these and all other divorce and family issues. Attorneys Andrew Cores, Matthew Grob and Wendy Musielak routinely handle matters like these.

Divorce and Real Estate….Dividing Debt

January 6th, 2010

Real Estate…once our greatest asset…now our biggest liability. In drafting settlement agreements in this real estate market, what the parties do with the marital home is more often the biggest roadblock. If for example, Husband has moved out and is paying rent on an apartment along with contributing to the mortgage, he does not want to be on the hook for mortgage payments for the unforeseeable future. Wife may also want to sell the house, but neither party wants to lose thousands of dollars, which is the place the majority of our clients are in today. Can a loan modification be worked out? Is it possible to do a short sale? Is foreclosure the only real option? If so, why pay the mortgage? What about a Deed in Lieu? Should one spouse and the children stay in the house until the real estate market recovers? These are all options you need to discuss with your attorney when drafting and finalizing a divorce settlement agreement. ESP, KREUZER, CORES & MCLAUGHLIN, LLP handles these and all other divorce and family issues. Attorneys Andrew Cores, Matthew Grob and Wendy Musielak routinely handle matters like these.

Visit our website at http://www.meyerkreuzer.com



From law offices in Wheaton, Chicago, Oswego, IL and the Loop, the family law and business law attorneys of Esp, Kreuzer, Cores & McLaughlin LLP represents businesses and individual clients throughout the state of Illinois, in communities such as Wheaton, Naperville, Oakbrook, Geneva, St. Charles, Elgin, Batavia, Chicago, Schaumburg, Skokie, Joliet, Plainfield, LeMont, Oswego, Yorkville, and Montgomery.

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