Posted on December 15,2020 in Child Support

The determination of child support is an important legal issue for any divorcing or unmarried parent of children under the age of 18. The Illinois Department of Healthcare and Family Services (HFS) has established a standard calculation used to determine each parent’s obligation. However, because every family’s circumstances are different, the results of the calculation, and even whether the court decides to use the standard calculation at all, often vary. You should be sure to understand the various factors that go into child support decisions so that you have an idea of what your obligation may be.

Factors Considered in the Basic Child Support Calculation

In most Illinois child support cases, the HFS calculation is at least used as a baseline. This calculation accounts for a variety of factors, including:

Continue Reading ››

 Posted on December 08,2020 in Uncategorized

Dividing property during a divorce can be complicated, and as you prepare for your financial future, it is understandable that you would want to avoid giving up more assets than is necessary. One way to protect your interests is to ensure that you have a clear understanding of the difference between marital and non-marital property under Illinois law, and that you have identified all assets that may still be your personal, individual property before you begin the divorce process.

Examples of Non-Marital Property

In an Illinois divorce, a couple’s marital property must be divided equitably between the two parties. Generally, this means almost any property that was acquired by either party during the marriage. However, non-marital property belonging to either party is not subject to division, and therefore can remain in the possession of the spouse to whom it belongs after the divorce. Examples of property that can be considered non-marital include:

Continue Reading ››

 Posted on November 25,2020 in Divorce

In an Illinois divorce, child custody and parenting time may be some of the most challenging issues to resolve, as both parents may highly value the time they are able to spend with their children. When one parent wishes to move with the kids a significant distance away, the divorce process can become even more complicated. If your former spouse is attempting to relocate, you should know the options you have if you wish to contest the move.

Legal Implications of a Parental Relocation in Illinois

A parent’s move within a short distance is permitted under Illinois law, and in many cases is unlikely to cause significant issues for the other parent. However, there are circumstances in which a relocation requires special approval, including:

Continue Reading ››

 Posted on November 17,2020 in Alimony

Getting a divorce can be an extremely difficult process, as it requires you to make a number of important decisions, often while coping with intense emotions of distress. However, it is possible to make the divorce process easier by planning some of these decisions in advance. A prenuptial agreement can be a useful tool especially when it comes to decisions regarding property and finances.

Elements of an Illinois Prenuptial Agreement

If you and your partner intend to get married, a prenuptial agreement can help you start the marriage with a clear understanding of each of your interests and rights regarding property and assets. While it may be hard to broach the subject at first, it is important to do so, especially if one or both of you already have significant assets.

Continue Reading ››

 Posted on November 04,2020 in Divorce and Children

The holiday season can be one of the hardest times for divorced parents and their children, especially if this will be the first year that you are not celebrating all together as a family. It is only natural that you would experience some sadness and longing for the way things were in years past, but if you work to prepare yourself, both mentally and logistically, you can make things easier and find a way to make the most of your quality time with your children and extended family.

Mentally Preparing for the Holidays

Making sure you are mentally ready can make the holidays more enjoyable for both you and your children. Some suggestions to consider include:

• Continue some traditions, and make new ones. A divorce does not have to mean the end of all of your holiday traditions. Making an effort to continue traditions can provide you and your children with stability, and you might even think of some new traditions that can help you look forward to this new chapter of your lives.

  Continue Reading ››

 Posted on October 23,2020 in Spousal Maintenance

As you prepare for the financial impact of your divorce, you may be concerned about a possible order to pay spousal support that could put stress on your budget. Though spousal maintenance or alimony is a part of some Illinois divorces, it may not be as burdensome as you expect, especially if you work with an experienced divorce lawyer who can help you protect your financial interests.

Will Spousal Maintenance Be Included In My Illinois Divorce Order?

It is first important to note that your divorce may not include a spousal support order at all. In Illinois, maintenance is typically only awarded in cases of need, such as when there is a significant imbalance between the assets, income, and earning potential of you and your spouse that cannot be addressed equitably through the division of property alone. If your income is relatively low, or if your spouse has sufficient income to support himself or herself, chances are that you will not be ordered to pay spousal support, and you may even be able to receive it.

Continue Reading ››

 Posted on October 15,2020 in Divorce

As a parent who wants the best for your child, it may be important to you that he or she is able to pursue a quality college education. However, with average annual tuition costs approaching $10,000 for an in-state student at a public school and exceeding $35,000 for a private school, you may be concerned about your ability to cover the expenses, especially if you are ordered to do so as part of a divorce agreement. You should be aware of how Illinois law treats college expense obligations so that you can prepare financially if you expect to be affected.

When Can an Illinois Court Order Payment for College Expenses?

After any Illinois divorce, the court will require both parents to contribute to child support, which is meant to cover the regular expenses of caring for and raising a child until he or she reaches the age of 18. However, in some situations, the court can also require that one or both parents contribute financially to their child’s college education. These payments may continue up to the age of 23, or sometimes 25, as long as the child is still working toward a bachelor’s degree, is in good academic standing, and remains unmarried. The order may account for all of the following expenses:

Continue Reading ››

 Posted on October 09,2020 in Illinois Family Law Attorney

When you and your spouse decide to get a divorce, hopefully, you will both place a high priority on your children’s best interests. This can often be a good starting point for a cooperative agreement, but it can also lead to conflict if the two of you have very different ideas about what is best for your children and the best way to maintain your relationship with them. As you work to establish a parenting plan, you should watch out for some of the common disputes that co-parents face.

Parenting Plan Conflicts in Illinois

Chances are, you and your spouse will have some disagreements regarding your parenting plan, with the following questions all possibly leading to sticking points:

• Where will the children spend most of their time? Both you and your spouse likely value your time with your children, and it can be difficult to adjust to a situation in which your children spend significant time living apart from you. Conflict may arise over whether the children should spend equal time with both parents, or whether a balance that gives more time to one parent is in their best interest.

Continue Reading ››

 Posted on September 29,2020 in Divorce

Often, one of the most challenging aspects of the divorce process is dividing financial assets and obligations from one household into two. Assets such as the marital home, businesses, and retirement accounts may be highly sought after by both spouses, but it is important not to overlook the impact of dividing marital debts. As you prepare for your divorce, you should take a thorough inventory of all of your outstanding payment obligations and consider the best way to distribute them fairly.

What Is Considered Marital Debt in Illinois?

In most cases, any debts incurred by either spouse during the marriage are considered marital debt, whereas debts incurred before the marriage or after a legal separation are considered non-marital. Marital debt can come from loans for which both spouses are listed as borrowers, or loans in the name of one spouse only. Some of the most common forms of marital debt include:

Continue Reading ››

 Posted on September 21,2020 in Illinois Family Law Attorney

In Illinois, a man who is married or in a civil union with a child’s mother at the time of birth is typically presumed to be the child’s legal father automatically. However, this is not the case for unmarried fathers, regardless of your relationship with the child’s mother. Whether you are already living or cooperating with the child’s mother to care and provide for the child, or the mother is contesting your parental rights, it is important for you to take the necessary steps to establish legal paternity for your sake, and more importantly, for the child’s.

The Benefits of Establishing Paternity in Illinois

Establishing legal paternity has significant benefits for both you and your child. Perhaps the most important benefit for you as the father is that you will have parental rights, meaning that as long as the court has not found you to be an unfit parent, you have the legal standing to request parenting time and parental responsibilities, and you will have a voice when establishing a parenting agreement with the child’s mother. This is especially important if the mother is trying to keep you out of the child’s life, but it is a good idea even if you currently have a civil or romantic relationship with the mother, because it can be difficult to predict how that relationship may change in the future.

Continue Reading ››