Kevin R. Johnson, Chicago Divorce Attorney, Custody Attorney, Parent's Rights

The practice of family law necessarily involves negotiation, trial preparation and trial strategy, knowledge of the law, knowledge of court procedures and rules, and the ability to take a client's goals and match them against the realities of a particular situation. That is, seeking to maximize achievement of the client's goals within the constraints of the facts, the evidence and the mechanics of the legal system -- here in one of the largest court systems in the country.  I'm a hard-nosed litigator who fights for my clients. With a younger attorney serving as my co-counsel, I recently fought an 8-day divorce and custody trial (successfully) in Cook County Circuit Court against one of the largest family-law firms in Chicago.  They admitted billing their client over $230,000 -- my client was billed less than $80,000. The other side appealed the trial court's decision, and the Appellate Court upheld it on every point - down to the last dollar of child support.   W...

In an Illinois divorce case, the law classifies assets into two basic categories: non-marital and marital .   Section 503 of the Illinois Marriage Act, officially known as “ 750 ILCS 5/503 Disposition of property and debts,” says that “ Marital Property” is  “... all property, including debts and other obligations, acquired by either spouse subsequent to the marriag e ,” and then lists several categories of “ non-marital property ” under its section (a): “(1) property acquired by gift, legacy or descent or property acquired in exchange for such property; (2) property acquired in exchange for property acquired before the marriage; (3) property acquired by a spouse after a judgment of legal separation; (4) property excluded by valid agreement of the parties, including a premarital agreement or a postnuptial agreement; (5) any judgment or property obtained by judgment awarded to a spouse from the other spouse except, however, when a spouse is required to sue the other spou...

Many people suffer with family problems that can only be resolved in the court system. Divorce, custody, abuse, parenting-time disputes, unwanted or unexpected relocation of children to other areas or states -- these are just some of the conflicts and issues that often require court intervention. The question is how to move through a complicated legal system as smoothly and efficiently as possible. The reason is that inefficiency and delay can be very, very expensive! I practice law in Cook County Circuit Court, one of the largest court systems in the country. There are procedures, rules and laws that govern the proceedings in and out of the courtroom. It's a constantly-shifting landscape, and it's important not to get your advice from family and friends who have had “similar” cases or who think they know how the system works. If you live in Cook County, Illinois, or have a case in Cook County, then only a licensed Illinois attorney, steeped in the laws, rules and procedures ...

Divorce and child-custody cases are very stressful, and it's important to shield the children from that stress as much as possible. By discussing the details of court proceedings with a child, or showing documents to a child, severe damage can be caused. The child can suffer emotional scars that can last for years and that will affect that child’s ability to have normal relationships. So, my advice to a client when asked questions by his or her child about divorce or about the progress of a court case is just simply tell that child, “You are my child, you will always be loved, you will always have a place to live and you will always have food and clothing. The adults will handle everything else.” If you would like to discuss you particular divorce, custody or other family-law situation with a licensed Illinois attorney, please give me a call, seven days a week, at 312-493-4241. - Kevin Johnson    www.divorce.nu

Why is it important to have very specific language in court orders, parenting agreements and divorce settlement documents? You could look at this like the orange line painted down the middle of a highway. You wouldn't make that line with chalk! No, you'd want to use paint that would be permanent, and that would stand the test of time. Similarly, the language of a court order defines each party's rights and responsibilities, their areas of influence and the limitations on their behavior. Especially when children are involved, it's very important that those limitations be clearly set forth. Just as you would not want the center line on the highway painted with chalk, you don't want the language of your court orders or agreements to use words like “reasonable” or “accommodate the changing needs of the children,” or “either party can cancel his or her parenting time upon 48 hours’ notice.” This is just going to cause day-to-day and week-to-week stress, due to the unpr...

Have you ever felt that your case is going around and around in circles without going anywhere?  Continuance after continuance, without seeming to move the case forward? One analogy that I use in handling family law cases is that of a pilot of a small plane. I say that I'm like the pilot, and my client is like a passenger in my two-seater plane. I need to know which airport my client wants to go to, that's the goal for the case. If a client would say to me, “I want everything that I'm entitled to, “or “I just want the best outcome possible,” I have to slow down, and be very specific in defining the client's goals. Obviously, no one wants to pay to circle the airport endlessly.   There has to be a constant push toward resolving and completing the case. If you find yourself in a situation that might require a first or second opinion from a licensed Illinois attorney, please give me a call. 312-493-4241,  7 days a week. - Kevin Johnson

As I have said many times, careful care and attention must be paid to the wording of divorce and custody agreements, since they will be subject to opposing parties' interpretations, and have to be clear and 'unambiguous' in order to weather years of use. I noticed this 2018 article about the importance of commas  in business contracts and criminal laws, and I thought it worth including:     http://www.bbc.com/capital/story/20180723-the-commas-that-cost-companies-millions I believe in being very, very careful to draft agreements and court orders that have staying power -- that can stand up to years of use, and to a variety of people using them to guide their own behavior and to hold others to account for their behavior. If you're being presented with a long, complicated marital settlement agreement, allocation judgment or other court order that will be governing your life for the next several years -- and you would like a different perspective -- please give me...

People seem so surprised that lies are told in court during child custody and divorce cases. Over the years, I've learned that judges tend to be skeptical of spin, and almost hungry for actual facts and documents. If you're trying to show that the opposing party in your case is untruthful, be prepared to show documents that contradict his or her story. Use text messages, email messages, bank statements, pay stubs, pictures, whatever you can gather to bolster your case and show that you are the truthful one. If you find yourself waging a court battle for your future, the integrity of your assets, or the future of your children and their health and safety, and you would like to sit down for a detailed analysis, please give me a call. - Kevin Johnson   312-493-4241 (cell)

I've been learning recently more about the psychology of enforcing marital settlement agreements, and other agreements between parents. Especially in the area of dividing expenses, always a contentious issue. There's a common misperception that a 50/50 split of children's expenses means that when one parent pays an expense, and provides a receipt to the other parent, that parent's obligation is to refund or reimburse 50% of that amount to the other parent. That is not the case! If the obligation of each parent is to pay 50% of the children's expenses of some kind, or 50% of uncovered medical expenses, then any petition or motion seeking to enforce that 50/50 provision should take into account how much the other parent has already paid independently toward children's expenses and medical expenses. To simply say "I paid this money,  you me owe half" completely misses the point, and is not what these paragraphs mean . If you want the other side to have to...

It's important that you discuss with your attorney the psychological aspects of your divorce or custody case. Advice that is limited only to the legal aspects of the case is practically worthless in a family situation, since it leads to wheel-spinning and the massive overuse of expensive attorney time and Court time. Your children are very aware of the conflict between their parents, and sometimes find themselves whipsawed emotionally as they pass from one hostile household to another. You need a day-to-day strategy for dealing with this. How parents behave, whether they rise above the chaos and show True Leadership, can really make an impact on the children's lives, their social and emotional development, and their ability to have healthy relationships. This has nothing to do with "taking the high road," as has been mentioned in books and websites. Nothing of the sort. What's necessary is to think ahead, plan actions in advance that will help your case Move Al...

Here's a link to a 2018 New York Times article,  detailing how some people feel manipulated and controlled by their abuser, due to the existence of internet-connected devices in their home. These can include thermostats, Amazon Echo, Google home,  and other appliances that are  controllable through a smartphone app  or other internet means. Thermostats, Locks and Lights: Digital Tools of Domestic Abuse New York Times article If you are in an emergency situation, where your safety is being immediately threatened, you should call 911, or go to your family doctor, counselor or emergency room. If your children have witnessed abuse, they should be brought along to be interviewed. In the Chicago area, there are many, many resources for victims of domestic violence and their families, including free counseling, free shelters, free food and other assistance. If you would like to have a confidential discussion of your particular situation, please find a safe place where you c...

I meet many people who insist on talking with their children about the other parent's household. Parents who are separated think that they see their child's true personality and their unforced, natural behavior. In reality, under the tremendous performance pressure of passing back and forth between hostile households, children tailor their behavior, their words and actions, to the particular parent. For Dad, they talk negatively about Mom and appear reluctant to go to Mom's house.  For Mom, they complain about Dad's girlfriend, about Dad's strange behavior, about how bored they are at Dad's house and they express reluctance to go to Dad's house. It's a perfect storm of misinformation!  Both parents, hearing negative things about the other parent, believe that they are winning the war for their child's love and affection. Each of them believes that they are gaining and are now more likely to become the majority-time parent. The child, with full know...

The court system is built on the idea of due process, that is the idea that each side receives notice of court dates, and has an opportunity to be heard. Also, both sides should be present and involved in any argument or discussion before the court. Except in emergency situations. So, judges are usually not permitted to  communicate one-on-one with either party or their attorney about the case, without the other side or their attorney present, except for minor scheduling details. That is why it is not permissible to write a letter and send it to the judge about your case. If you have questions about court procedures or rules, or about the laws that apply to your case, please give me a call at 312-493-4241. - Kevin Johnson   Www.divorce.nu

Attorneys have a fiduciary duty to their clients. That word means they are held to the highest standards of trust. One problem can arise, however, when a messy family law case can generate more money for an attorney than a case that is running efficiently, with a clear goal at all times. That is known as a conflict of interest. It may lead you to Wonder if you're getting the best advice, toward your goal, instead of walking further into a mess that merely generates billing for an attorney. Family law is a very complex area of practice. If you would like a second opinion about an on-going case, please give me a call at 312-493-4241. - Kevin Johnson   Www.divorce.nu

If you believe in paying by the pound for legal documents, or if you believe that 40 pages must be better than 15 pages, I would like to talk with you. It may be that you have started to believe that legal language and legal writing is, by its very nature, incomprehensible to the average person. I would like to introduce you to plain language and clear writing. If the goal is to provide good enforceability of court orders, and to avoid problems and disputes due to misinterpretation or stretched interpretation, then plain, simple language is what you want. Kevin Johnson 312-493-4241

You interview with an attorney, a very friendly attorney. You hire that attorney. Now, whenever you call the attorney's office you get voicemail, or an assistant tells you that the attorney is in conference, in a meeting, away at court, or otherwise unavailable. You have a question, you'd like an answer. Sorry, you'll have to wait. Weekend? Forget it. Maybe you should hire an attorney who will give you his or her cell number. Someone who will answer your call 7 days a week, and answer your questions when they are fresh. I run a small law firm, but I like to say that I offer world-class customer service. In reality I simply give out my cell phone number, and then answer it when it rings. That should not be such an unbelievable concept, but it apparently is. If you'd like some answers for your situation, I can be reached at 312-493-4241. I mean I can actually be reached at that number. - Kevin Johnson   Www.divorce.NU

It may seem that saving on an attorney's fee during a divorce, custody, parenting time or child support case would be an economical way to go. Why not use the other side's attorney to draft documents and agreements and wrap up the process smoothly and quickly? The problem is that the attorney for the other side has an ethical Duty to represent only that party, and to make the best deal possible against the other side. It's called being a zealous advocate, and that is the very nature of being an attorney. To do otherwise would be unethical. So, it's not possible to know whether a particular paragraph or provision in an agreement or proposed order is fair, benefits you, or will actually work in the future, without having an experienced family law attorney review the language, completely independent of the other side's attorney. If you would like to discuss your case, I would be happy to schedule an analysis. Please give me a call, 7 days a week at 312 493-4241. Kevi...

If you are involved in family law litigation, any kind of other court case, or you anticipate you will be, it's time to start saving and organizing documents in paper form. You might think you have everything saved electronically, but sometimes electronic records can disappear or the access to your pay stubs is blocked when you leave your job. Keep them secure, even if you have to use a locked storage unit. Download and print your bank statements, your pay stubs, make copies of bills, rent receipts, grocery bills, School invoices, you never know what will be important later. Organize documents in reverse chronological order,  with the most recent ones on top. You can punch three holes in the sheets and use binders and even attach tabs for various categories of documents. Organize and add to the documents as you go, so that you always have an up-to-date collection. You would like to discuss this further, please give me a call 312-493-4241. Kevin Johnson

When the subject of dating during a custody or divorce case I strongly recommend that clients do what I called invisible dating . That is, go on dates, meet possible partners - but on days when you don't have the children or during the hours where you don't have parenting time. "Invisible dating" means not introducing new romantic partners to your children, for a long time. The idea is to keep your own household stable and quiet, to prevent the emotional whipsawing that goes on when children have to adapt to new adults around them, and the conflicting loyalties that result from that, and also to avoid providing ammunition for the other side to wage further psychological war on my client. Sometimes, clients will get drawn into introducing a new partner to the children because that new partner also has his or her own children, and the thought is that the two sets of children should meet each other! What a disaster waiting to happen. I don't mean to be entirely ne...

A common complaint by parties in a divorce case involving children, or any other type of decision-making (custody) or parenting-time dispute, is something like, "She's saying bad things about me to the children."  Sincere, caring parents REALLY want to reduce the stress on their children that is caused when they hear derogatory comments being made about one parent, by the other parent (or other adults on that side of the case.) First of all, I do not focus on changing the behavior of the out-of-control or undisciplined parent on the other side.  That is a hopeless quest, if taken by itself. Let's face it.  The other parent is probably going to interrogate the children after each parenting-time session with the other parent.  Probably going to expect a report or recap of what was said and done when the children were with the other parent, sometimes down to what was served at meals, what TV shows were watched, who was present in the house, how everyone (including m...

Since most family-law disputes end with a settlement, which is essentially a contract between the parties affecting their rights to assets, cash flow, time with children, parenting decisions and moving out of state with children, it's important to know that there are basically two types of paragraphs put into these 'Marital Settlement Agreements' or 'Agreed Parenting Plans' --  (1) aspirational  and (2) enforceable. "Aspirational" paragraphs (my term for them) are couched in lofty-sounding phrases that sound good , that seem to require certain behavior from the parties, or that seem to prohibit improper behavior.  Behavior in the presence of the children, cooperation with the other parent, but are actually just an illusion -- since no one can precisely define what is required or prohibited. Here's an example of this type of bad , 'aspirational' or feel-good language: The parties shall cooperate in the selection, enrollment and schedu...

Language is vitally important. When a custody or divorce judgment is unclear, or requires elaborate interpretation, it can lead to disputes, friction between the parties, and unnecessary court proceedings.  All to the good, if you like being in court and watching your money drain away.  However, most people don't like that , and most people want to avoid wasting time and money in struggles that don't get them anywhere, and that could be avoided through careful writing by the attorneys. For my clients, I try to reduce and where possible,  eliminate  the need for routine communications between separated parents (ex-spouses, ex-partners). Let them save communications for when 'significant' (slow-moving, life-changing) decisions need to be made for a child, or when an emergency arises. There's quite a bit of talk about 'Co-Parenting.'  Books have been written about it.  It's a buzz word. Really, though, co-parenting is just a pipe dream when it...

I have found that there are two ways to deal with problems in implementing and interpreting parenting-time agreements contained in divorce or custody orders and judgments.  One is to deal with the problems as they arise -- putting out fires, fixing 'plane crash' or 'train wreck' situations, billing clients for the hours needed to bring things back to a smooth, working parenting schedule.  The other approach (and one which I try to follow) is to prevent  the parenting problems in the first place , with clear language -- times, days, places for exchange of the children, details all stated in the court orders. In order to prevent problems, though, it's necessary to avoid words like "flexible."  As in this horrible phrase:  "The parties agree to implement the above parenting schedule in a flexible manner, in light of the children's changing needs, their activities and other unforeseen circumstances."   This may sound just fine to a parent...

When you are considering which attorney to trust with your family law case, ask any potential attorney if he or she will give you their cell number.  If she or he says that they would prefer that all calls go through the office number, ask them how you can reach them on a weekend or after hours when you have a question. That is a very important discussion, because family law involves many last-minute decisions made after hours or on weekends.  If you are going to face those after-hours or weekend decisions alone, without being able to obtain your attorney's advice and counsel, you should know in advance. If you would like to discuss your situation, I would welcome your call to my cell number. It is 312-493-4241.  (7 days/week and after hours.) - Kevin Johnson

In Cook County, Illinois (the Chicago area) the attorneys write almost all of the court orders, and the judges sign or 'enter' them. Many times, an opposing attorney will present me with a proposed 'judgment' or 'order' that contains what attorneys call 'boilerplate.'  Boilerplate is paragraph upon paragraph of language that another attorney has on his or her computer, and that will often be called 'standard' language. Despite what you might hear, there is actually very little  standard language in divorce or custody orders.  Other times, I'll be presented with paragraphs that sound OK, but that are almost sure to lead to expensive litigation at some time in the future. I divide possible order and judgment paragraphs into those that are 'aspirational' and those that are 'enforceable,' and try to eliminate all aspirational language during negotiations.  What I mean by aspirational are those paragraphs and sentences that ...

When you hire an attorney to represent you, it's important to give him or her the facts they'll need to represent you.  The unvarnished, no-spin facts.  I can usually sniff out the difference, and if I can't immediately, it isn't long before the real story comes out.  Sometimes, it's difficult for a client to let down the walls and tell the attorney both the good and the bad about the current situation. In a family-law case, facts are very  important -- sometimes more important that using correct law.  The facts can impact the judge's perception of which parent should have possession of a child, who should pay money to who, and how the case should be resolved. The facts -- especially dates, times and places -- can also affect what laws are likely to apply to a particular situation.  Everything you tell your attorney in private is absolutely privileged and confidential -- unless you disclose that you are planning to commit violence or cause physical harm...

Do you feel that you're living a nightmare?  A custody or parenting-time battle is  a nightmare, and it's very difficult to break free of the mind-numbing, soul-draining struggle, to feel that you can breath some fresh air. There is hope, though.  I sometimes say that the 'toolbox' that people use against each other in custody and divorce cases is a very-small one.  These self-taught practitioners of the 'dark arts' of psychological warfare use just the top tray in the toolbox -- a limited number of tactics, used over and over (and over.)  A few examples: (Bad) Ask the children where they want to live, or with whom they'd like to spend time, (Bad) Have the children communicate or negotiate scheduling changes with the other parent, (Bad) Ask the children what they and other the parent are doing during parenting time,  (Bad) "Listen" to the children talk about their time with the other parent, or (Bad) Schedule activities onto the other parent...

It is always important for me to have a clear understanding with clients about our respective roles.  I often use the analogy of airline pilot and a passenger:  I'm like an airline pilot -- I am "in charge" of getting to the destination, my client is like an airline passenger, and is my source of detailed information on what destination (goal) should be pursued.  I must decide how to achieve those goals -- to get to the client's destination.  So, just like a passenger on a airliner can't come into the cockpit, grap the steering yoke and try to fly the plane, my client can't be "in charge" of the case.  For example:  Does my client want to have his child live with him?  Get the child back from another state?  Prevent ongoing interference with his parenting time?  Make a parenting schedule more clear, prevent misunderstandings about school and health decisions, or otherwise lower the volume and temperature of the case?  Or are there safety...

It is amazing how much time, energy and money is expended on disputes between spouses, partners, ex-spouses and ex-partners when children are involved.  Some of these examples lend themselves to easy resolution, but there is often a momentum to the court case that seems unstoppable.  Some examples of these common disputes: Late pickups or dropoffs of the children for parenting time. Failure to cooperate in allowing one parent to call children while in the company of other parent. Last-minute cancellations or disruptions to parenting time. Parenting-time schedules that are so variable or unclear that they lead to disputes and misunderstanding (or deliberate manipulation). Use of the children to pass information, announcements, questions and comments between the parents. One parent's obligation to contribute toward the children's medical and dental expenses incurred by the other parent. Accusations about late or missing child-support payments. I have seen more of these disputes...

When you are looking for an attorney to represent you in a custody, divorce, child abduction, parenting interference or other family-law case, you should be sure that the attorney who provides the 'initial consultation' is actually going to represent you -- if you choose that law firm.  If the firm assigns an attorney to interview you, but that attorney is not going to represent you in your case, it's a big problem.  That 'interviewing attorney' could make promises.  But it's easy to make promises, or talk tough, or spout strategy, when you know you're not going to be the attorney responsible for the actual work!  So, ask the attorney interviewing you:  If I hire your firm, will you promise to be the one representing me ?  See what answer you get. If you meet with me, and if we decide to work together, rest assured that I will represent you.  I will not make promises just to secure your business.  I will give you my honest assessment of you...

If you're involved in a custody or divorce (or child support) case against someone who should  be sharing income or property with you, and who is claiming no income or who you're sure is being paid cash 'under the table,' you need help in proving that phantom stream of income.  One way is by working from the other side of things, identifying bank accounts, expenses and assets -- using the power of subpoenas to banks and others, demands for depositions, and the analytical power of financial professionals to deconstruct the web of lies and fabrication being spun by the other side. If you'd like to talk about this, please call my cell # 312-493-4241 seven days a week.  I'll schedule you for a no-obligation, $50 analysis, where I'll do my best to answer all of your questions and to map out a possible strategy for your case. - Kevin Johnson    312-493-4241    www.divorce.nu