A NY Judge has ruled that a "friend request" on MySpace constituted a violation of a Temporary Order of Protection. I would think that under the IL Domestic Violence Act a judge could find that such a request is "harassment" and thus a violation of an OP.
The Illinois Family Lawyer
Commentary on the practice of family law (and other riveting subjects) from a Chicago lawyer
Thursday, February 21, 2008
The Times had a thoughtful piece entitled, Religion Joins Custody Cases. The piece discussed the alleged increasing role of a parent's religious choice as a factor in how judges decide custody cases. Of course religion along with education and healthcare have always been the so-called big 3 factors of custody...so not sure what's new here.
Of course then there are the "circumcision" cases where religion is often a factor. A Chicago judge recently denied a parents desire to have a son circumcised.
Of course then there are the "circumcision" cases where religion is often a factor. A Chicago judge recently denied a parents desire to have a son circumcised.
Wednesday, February 06, 2008
Thanks Dad, but I'm still going after my ex-husband...that's what happened here: In re Marriage of Hopwood, No. 5-06-0660).
As part of dissolution of marriage judgment, the former husband was required to pay-off a $28k loan of the parties. That loan had been guaranteed by the former wife's father. So ex-husband fails to make payments on the loan and the lender goes after the father. Father pays off the loan in a lump-sum payment...done. Now, several years later the ex-wife now tries to enforce the judgment against the ex-husband for his failure to pay the loan.
Nope...denied for lack of standing. It's like this, typically when you're alleging that someone is not following a court's judgment you are asking a court to find that person in contempt of court. The only punishment for this "contempt" can be to force someone to act...the most common scenario is for a person to be jailed for not paying child support and then there's a bond of say 10% of the support due so the person jailed has to make some partial payment on his back support to get out of jail.
The problem with the ex-wife here? Since her father had paid the loan, there was NO lack of payment by the ex-husband to enforce.
As part of dissolution of marriage judgment, the former husband was required to pay-off a $28k loan of the parties. That loan had been guaranteed by the former wife's father. So ex-husband fails to make payments on the loan and the lender goes after the father. Father pays off the loan in a lump-sum payment...done. Now, several years later the ex-wife now tries to enforce the judgment against the ex-husband for his failure to pay the loan.
Nope...denied for lack of standing. It's like this, typically when you're alleging that someone is not following a court's judgment you are asking a court to find that person in contempt of court. The only punishment for this "contempt" can be to force someone to act...the most common scenario is for a person to be jailed for not paying child support and then there's a bond of say 10% of the support due so the person jailed has to make some partial payment on his back support to get out of jail.
The problem with the ex-wife here? Since her father had paid the loan, there was NO lack of payment by the ex-husband to enforce.