ILLINOIS DIVORCE LAW BLOG

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While our firm has strong financial expertise, Michael Roe has always had a strong focus on child custody issues, including complex child custody litigation.
In Illinois law, the term “child custody” has been replaced by “allocation of parental responsibilities” and “parenting time” since January 1, 2016, under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The shift in terminology reflects a focus on shared parenting and the best interests of the child, moving away from the older, more adversarial concepts of custody and visitation. Here’s a clear breakdown of the differences:
  • Child Custody (Pre-2016 Term):
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Michael Roe has for many years focused a significant part of his practice on Child Custody issues, including Parental Alienation cases. Few lawyers nationally have the background, experience, and dedication to this critical issue in Family Law.  As a long term member of PASG, our firm already looks forward to the PASG meeting this year, with details below.
One Definition of Parental Alienation:
Parental alienation refers to a situation in which one parent intentionally or unintentionally manipulates a child to reject, fear, or distance themselves from the other parent without legitimate justification. This behavior often involves actions such as badmouthing the other parent, limiting contact, making false allegations, or coaching the child to adopt negative views about the targeted parent. In Illinois, parental alienation is considered a form of emotional abuse because it harms the child’s psychological well-being and undermines the child’s relationship with both parents. Illinois courts prioritize the best interests of the child in custody and parenting time decisions, and evidence of parental alienation can significantly influence these outcomes.
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Ilyssa Panitz freely admits she gave up the financial reins when she got married.

“I did not keep an eye on the money, even though I got married later in life,” says Panitz, 54, who lives in Westchester County, N.Y. “My former spouse worked in accounting and I was taking care of the kids, and I figured ‘This is great’.”

Then, after 13 years of marriage, says Panitz, who hosts the nationally syndicated radio show, “The Divorce Hour with Illyssa Panitz,” she told her husband she wanted to split up. And she realized her ignorance about their money situation “was my biggest mistake and biggest downfall. I had the rug pulled out from under me.”

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Feedspot ranks the best Divorce blogs from thousands of blogs on the web and ranked by relevancy, authority, social media followers & freshness.

Feedspot provides tools like keyword alerts from Google News, local news tracking by city or zip code, and one-click sharing options to platforms like Twitter, Facebook, and Pocket, making it a powerful tool for staying informed and managing content efficiently. For businesses or creators, it also offers opportunities to promote content and connect with targeted audiences through its extensive database of influencers and bloggers. Overall, Feedspot streamlines information consumption and supports both personal and professional use cases.

Check out #22 !

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In Illinois, divorcing parties fill out a Financial Affidavit statewide form to provide a clear and comprehensive snapshot of their financial situation during the divorce process. This form is a standardized document that helps promote transparency and fairness when it comes to dividing assets, determining spousal support (alimony), and, if applicable, calculating child support. Illinois law imposes legal duties on parties to complete the form truthfully and to make full disclosures of income, expenses assets and liabilities.  
Illinois-Statewide-Forms-APPROVED-Financial-Affidavit-Family-Divorce-Cases-081518_Page_1-Cropped-300x200
The affidavit requires each party to disclose details about their income, expenses, debts, and assets. This information is crucial because Illinois follows an “equitable distribution” approach to dividing marital property, meaning assets and debts are split in a way that’s deemed fair, though not necessarily equal. The financial affidavit gives the court—and the attorneys involved—a factual basis to make informed decisions about what’s equitable based on each spouse’s financial circumstances.
It’s also tied to Illinois law, specifically the Illinois Marriage and Dissolution of Marriage Act, which mandates full financial disclosure to prevent either party from hiding assets or income. Without this form, it’d be harder to verify claims about financial need or ability to pay support, which could drag out the process or lead to unfair outcomes.
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It’s always interesting to read the famous Illinois Supreme Court case of In re Marriage of Bates, 212 Ill. 2d 489. As a younger lawyer I was an attorney on this case, and later was subpoenaed by the trial counsel to testify in the case as an expert knowledgeable in the field of Parental Alienation studies. This case is a landmark case in the area of Parental Alienation, as Illinois recognized Parental Alienation as a factor in a child custody decision.

—-Comments from the Court—-

“E, as proponent of the PAS testimony, proffered three expert witnesses and 136 articles from peer-reviewed publications as exhibits.

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Signs of parental alienation include: badmouthing the other parent, limiting contact with the alienated parent, interfering with communication, forcing the child to choose sides, creating a perception of danger from the alienated parent, asking the child to keep secrets, referring to the alienated parent by their first name, withholding important information, changing the child’s name to distance them from the alienated parent, cultivating dependency in the child, and the child exhibiting a lack of ambivalence or guilt towards the alienated parent, often claiming their negative feelings are their own choice (“independent thinker phenomenon”) while supporting the alienating parent excessively. 

Key points to remember:
  • Negative campaign:
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The question of child support seems to be a basic question, but one that sometimes causes confusion. It used to be some years ago that the noncustodial parent was obligated to pay child support to the parent with the “primary custody of the child or children.”  Illinois has largely done away with old concepts of child custody and child support, and now centers its laws on allocating more equally the parenting time of the children, and setting support such that both parents’ incomes are factored in.

Child support is now calculated using an “income shares” model, which considers both parents’ incomes and the number of children. The key factors in determining child support include:

1. Determining Both Parents’ Net Incomes

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