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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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Keeping the best interest of the child in mind during divorce

 Posted on May 08, 2014 in Child Custody

The experience of dissolving one's marriage can be painful and complicated. When a child is involved, it can be even more so. While most parents and Illinois courts do strive to make decisions in the best interest of the child, sometimes parents forget how children also suffer emotionally from the divorce experience. Indeed, divorce is not merely about the parents, it is also about the kids, and there are some things that parents can keep in mind to make the process easier on them.

One thing that parents can do is to provide children with a routine and a regular schedule. This can provide a sense of comfort to children when other aspects of their family lives may feel like chaos. Parents can also help their children by not engaging in bad-talk about their ex-spouses. This will certainly help one's children in the short-term and in the long-term, it will reflect positively on the parent who refrains from such negative talk.

As difficult as it may be to achieve, being more physically and emotionally present for children, giving little ones plenty of physical affection and giving teenagers a lot of talk time will do wonders for a child's emotional state. Occasionally reassuring children that they were not responsible for the divorce is something that kids will benefit from hearing as well. Providing this kind of reassurance often and regularly is very important for children.

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Details of Spitzer divorce agreement revealed

 Posted on May 01, 2014 in Alimony

The ex-wife of Eliot Spitzer is to receive a sizable amount of money in their finalized divorce settlement. According to a post-nuptial agreement, Silda Spitzer is to receive $7.5 million in the settlement. She will also have occupancy rights to their Fifth Avenue residence, receive a new automobile every five years, alimony income and other benefits. The sums associated with the agreement may seem exorbitant to the average Illinois resident; however, high asset break-ups can be unique when it comes to the stipulations found in divorce agreements.

As far as additional benefits go, Eliot Spitzer's ex-wife is set to receive a paid housekeeper for part-time assistance in her home and money for entertainment and other types of activities. On top of that, she will be paid a set amount of $240,000 annually until the end of her life or until she gets married again. Eliot Spitzer will further be required to pay her $100,000 as an annual allowance to give to charities.

While the amount Silda is to receive may appear high, it might not be out of scope with the level of the Eliot and Silda Spitzer's wealth. Eliot Spitzer's assets are valued at approximately $46 million. Also in 2012, he allegedly earned almost $4.3 million in comparison to his ex-wife's meager earnings of $112,000. Due to this disparity, Eliot Spitzer would be considered the "moneyed" spouse in this case; therefore, it was more likely that he would be required to pay his wife spousal support and provide her with other benefits.

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