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Credit reports reflect Illinois child support delinquency

 Posted on July 18, 2014 in Child Support

Credit reports show how well people manage money. Lenders make decisions on credit extension and loans — in part, based upon an individual's credit score. A Wheaton consumer with a high credit score is likely to live up to the financial terms of a mortgage, credit card or car loan while a low credit score indicates a person is a risky bet.

Illinois lenders may dig a little deeper into a report and discover a non-custodial parent is behind on child support payments. Consumer credit analytics companies, like FICO and VantageScore, don't figure back-owed child support into a credit score. However, child support arrears will be visible on a credit report and affect debt-to-income ratios, which influence lender decisions.

Government and other child support agencies are required to supply delinquent child support payments details to credit reporting agencies, under the Social Security Act. A credit report from Equifax, TransUnion or Experian will show how much a parent owes in support. It's up to the consumer to make sure the report contains correct data.

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Same-sex member of Chicago's City Council to divorce

 Posted on July 18, 2014 in High Asset Divorce

Back in 2010, a member of the City Council in Chicago, Illinois, made an announcement to the public and to her fellow politicians that she and her girlfriend had gotten engaged to be married. This was done on the Illinois House floor, so it was a public declaration that she wanted people to hear about, using it as a chance to stand up for same-sex marriage rights by addressing the fact that her marriage would not be allowed in Illinois.

She noted then that the day was both bittersweet and happy all at once, saying that she felt anyone who was engaged to be married, regardless of their sexual orientation, should have the chance to celebrate their love.

When the two were married, the politician was the first elected official in the state - at least with that high of a profile - to be part of a same-sex marriage. Their marriage ceremony did not happen until 2011.

However, she recently took to Twitter to tell people that she and her wife are now going to be divorced. She says that this merely shows that people are all the same, giving a nod to the fact that both same-sex and opposite-sex couples sometimes end up getting divorced. She also said that her wife had asked to retain her own privacy during the process, and she asked people to honor that request.

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The Indiana Pacers' Paul George wants sole custody of daughter

 Posted on July 10, 2014 in Child Custody

Paul George, a star player for the Indiana Pacers, is involved in a custody battle for a child that may or may not actually be his. Apparently, a paternity suit was started while George was busy playing in the NBA's Eastern Conference finals. The suit was filed by a woman who used to work as a stripper.

George has now stated that if it does turn out that the child belongs to him, he would like to have full custody of her. She is 2 months old right now.

Cited as a reason for his desire to have the girl live with him is the fact that, according to George, the girl's mother is no longer employed. He does not believe that she can give the child a good home because of her lack of income. George, on the other hand, says that his own position offers him the means that are needed to give the girl an excellent home.

The woman, however, also wants to get sole custody from the court. Her lawyer said that the only reason she did not have a job was that she had a child to raise. The woman said that George's extensive travel while playing in the NBA meant he would not be a good father.

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Extra steps Wheaton unmarried fathers take to be called 'dad'

 Posted on June 27, 2014 in Fathers' Rights

Wheaton dads, married or unmarried, have the same parental rights. However, married fathers do not have to jump through the legal hoops unmarried fathers do to prove parentage. Legal and physical custody aren't issues for married parents unless they separate or divorce.

Unmarried fathers are required to establish paternity before gaining rights that come to married men automatically. Unmarried Illinois couples may sign a Voluntary Acknowledgement of Paternity to formalize a father's legal standing. Otherwise, a parent may pursue a paternity order through Illinois Child Support Services or a family law court.

DNA testing is used to confirm a father's genetic and legal connection to a child. Paternity establishes parental rights and duties. An unmarried father gains the right to seek child custody but also assumes responsibility for a child's welfare, including financial support.

A book written by a Fordham Law School professor concludes family laws are unfair to unmarried dads. The published study contends lack of legal protection means many unmarried fathers are excluded from their children's lives. Alleged fathers may not have the resources for a paternity claim, which gives mothers full control over access to children.

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Illinois courts listening when dads ask for equal child custody

 Posted on June 17, 2014 in Fathers' Rights

Conflicts between separated and divorced parents can be resolved in a Wheaton family law court. Child custody disagreements for many Ohio mothers and fathers' are influenced by hard feelings about an ex. Judges consider parental viewpoints but concentrate on the interests of people too young to debate the issue — children.

Relationship break-ups traditionally separated fathers from daily interaction with their children. Dads lived in "the other house" and saw children on a set schedule of visitations – weekends, special occasions, vacations and a few days or hours during the week. Fathers' rights groups feel the custody norm is no longer acceptable.

Lawmakers and judges are paying attention to dads who want to be with their children more often, sometimes with requests for equal physical custody. Research backs the emotional and physical benefits children get when they have fathers deeply involved in their lives. Child custody decisions steadily are moving toward gender equality.

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Halle Berry's child support deal is not your average settlement

 Posted on June 13, 2014 in Child Support

Family structures and parenting have changed a great deal in Wheaton and across the country in the last few decades. Mothers traditionally have been the default custodial parent when couples separated or divorced. At one time, so few fathers were child support recipients the Census Bureau ignored them in April Current Population Surveys until 1991.

A Congressional Research Services report released in December analyzed 2011 census data to track child support patterns. Of the 14.4 million custodial parents in the U.S. that year, nearly 11.8 million were female. Male custodial parents numbered over 2.6 million.

Actress Halle Berry and her one-time boyfriend Gabriel Aubry became parents in 2008, before ending a five-year relationship in 2010. The former couple spent the last two years battling over child custody issues concerning their daughter Nahla, now 6.

The custody dispute began when a judge barred Berry from relocating her daughter to Europe in 2012. The 47-year-old star of the latest X-Men movie married in France last July – her third marriage – and gave birth to another child in October. The disagreement over Nahla's custody and support continued until a recent settlement was reached.

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Court-ordered mediation helps Wheaton parents compromise

 Posted on June 06, 2014 in Child Custody

Divorce can be one of the most difficult transitions in life a person can make. Many divorced Wheaton spouses want little or nothing to do with an ex, but that's not so easy when children are involved. Some former married couples move forward without conflicts over child custody or visitation rights, while some former spouses butt heads in court long after a relationship ends.

Wheaton courts sometimes recommend mediation for parents who cannot agree on a parenting plan. DuPage County provides in-class and online parent education programs for married and unmarried parents that teach co-parenting. A professionally-trained mediator meets with parents to help resolve problems keeping parties from reaching an agreement.

A third-party mediator takes no sides in the matter. In fact, the mediator's job and the focus of the education programs are to keep parents focused on the best interests of their children. Parents are encouraged to communicate and compromise, without letting personal differences override the goal of creating a satisfactory parenting schedule.

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Feds focus on spousal maintenance tax claims that don’t add up

 Posted on May 30, 2014 in Alimony

Financial obligations may not end when a marriage does. Child support and spousal maintenance link some former husbands and wives for years to come. The Internal Revenue Service treats each form of support differently.

Federal tax deductions are not permitted for ex-spouses who pay child support, but deductions are allowed when payments are made for alimony. Child support payments are not taxable for parents who receive them. On the other hand, spousal support is considered income and subject to taxation.

A new report by IRS overseer, the Treasury Inspector General for Tax Administration, noticed a significant disparity between what alimony payers and recipients are reporting. Officials reviewed 570,000 tax filings for 2010 and found $2.3 billion in alimony deductions that weren't showing up in recipients' income. Are they honest mistakes?

Many of the errors may have been caused by misinterpretations of divorce agreements, according to the director of Kogod Tax Center at American University. Spousal support and spousal maintenance are terms often used interchangeably with alimony. Poorly worded legal documents can make the boundaries between alimony and other support or marital property distribution blurry.

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Court favors Illinois cancer patient in embryo custody case

 Posted on May 23, 2014 in Child Custody

Each year, assisted reproductive technology enables tens of thousands of individuals and couples in Wheaton, Illinois, and across the country to have children. The American Society for Reproductive Medicine reported more than 61,000 fertility treatment-related births in 2010. Legal changes have lagged as the popularity of assisted fertility has soared.

The ownership of frozen embryos will depend on whether an Illinois appeal is successful. A Cook County court has twice sided with a 42-year-old woman who claimed embryos created with a former boyfriend's help are hers. The boyfriend contends he has the right not to reproduce.

The couple was dating in 2009 when the woman learned she had cancer. The Chicago woman asked her boyfriend whether he would donate sperm for an embryo before she underwent chemotherapy expected to render her infertile. The man agreed, although neither partner had long-term plans for the relationship; the couple parted ways in 2010.

The sperm donor later changed his mind about permitting the cancer patient to use the embryos. No formal document was signed giving the woman exclusive control of the reproductive material. The Elgin man appealed a county court ruling in the woman's favor, but the matter was remanded to the lower court following a refusal by the state Supreme Court to decide the case.

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Are courts ignoring the rights and best interest of dads?

 Posted on May 14, 2014 in Fathers' Rights

Certain father's rights groups have begun to advocate that dads are not getting the fair end of the stick when it comes to divorce and child custody proceedings. In one recent case, a man and his romantic partner had decided to conceive a child by way of in vitro fertilization. Later, a judge denied the man paternal rights to the 4-year-old child, even though he tried to argue it was in the best interest of the child that he be given such rights.

More men, it seems, are challenging current legal conventions. For example, another man tried to protest his girlfriend's decision to move to another state after becoming pregnant with their child. An additional group of fathers brought a legal claim against their state for allowing women to give babies up for adoption without first consulting the father.

In spite of fathers' rights groups calling foul play, however, not everyone holds their opinion and some question whether the concerns of these men are true. In fact, over the last 40 years, a movement in the court system has led to men receiving more and more rights in family law proceedings. These days, courts have consistently left behind the notion that women should be the sole caretakers of their children.

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