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Recent Blog Posts
How to Get Child Support if You Are an Unmarried Mother
Single moms must contend with many financial challenges. Child-related expenses such as childcare, healthcare, and educational costs can quickly add up. Record-high inflation only adds to the financial difficulties faced by parents in Illinois and across the country.
If you are an unmarried mother, you may be interested in securing child support payments from the child’s father. Child support can help you with everything from housing costs to groceries, but you will need to take certain steps to establish a child support order and receive payments.
Establishing Paternity is the First Step
Before you can get an official child support order, you must ensure that the father’s paternity is established. Paternity is the legal relationship between a man and his child. When married parents have a baby, Illinois automatically assumes paternity. However, if an unmarried couple has a baby, paternity must be established through one of several legal avenues. The easiest way to establish paternity is through a Voluntary Acknowledgement of Paternity document. However, if the father is unwilling to sign this form, you may need to pursue an Order of Paternity through the court system or an Administrative Paternity Order through the Illinois Department of Healthcare and Family Services (HFS). DNA testing may be needed to confirm that the presumed father is the child’s biological father in some cases.
College Tuition: Financial Rights and Responsibilities of Divorced Parents
As stores advertise back-to-school specials and children start preparing for the next school year, many parents start thinking about their child’s college education. Whether your child is starting kindergarten or will soon begin his or her senior year of high school, planning for college is crucial. Divorced parents are often unsure of what their financial obligations are once their child is college-aged. This blog will discuss how college expenses are handled in Illinois when parents are divorced.
Parents May Be Court-Ordered to Contribute to College Costs
Child support usually ends when a child becomes a legal adult. However, Illinois courts have the authority to order parents to contribute to their child’s college education. The amount a parent may be required to contribute depends on many different factors, including:
Can I Receive Spousal Support Because My Partner Committed Adultery?
Infidelity is a common reason for divorce. When one spouse commits adultery, the other is likely to feel betrayed and angry, and they may believe that their partner should be punished for their actions. The strong emotions that affect spouses in these cases may lead to disputes about issues related to a couple’s finances and other aspects of their lives that will be affected by their divorce. A spouse who feels that they have been wronged by their partner may believe that they are entitled to spousal support because the other spouse was to blame for the divorce. However, it is important to understand how the law addresses these issues and determines when spousal maintenance is appropriate.
Spousal Support and Marital Misconduct
Spousal maintenance is a form of support paid by a spouse to their former partner. Spousal support will only be appropriate in certain circumstances, and it is meant to ensure that both parties will be able to maintain their standard of living. Generally, spousal support may be awarded if one spouse has a demonstrated need for support because they earn a lower income than their former partner or because there are factors that affect their ability to maintain gainful employment, such as a disability or the need to stay at home to care for children.
When Does an Illinois Court Use Imputed Income in a Divorce Case?
Money affects nearly every aspect of a divorce case. The spouses’ financial circumstances influence property division, debt division, child support, spousal maintenance, and more. When a spouse’s income is unknown, a spouse is unemployed, or there are doubts about the accuracy of a spouse’s financial disclosure, the court may impute income. Essentially, when the court imputes income, the court uses estimated income instead of the reported income during divorce-related calculations. If you are getting divorced, it is important to know how imputed income may affect the outcome of your case.
Imputed Income for Child Support or Spousal Support
Divorcing parties are expected to provide truthful, complete financial information to the court. However, some spouses try to evade financial obligations like child support or spousal support by lying about their income. If this happens, the court may use estimated or imputed income instead of the reported income. For example, if a spouse is self-employed and receives cash payments “under the table,” the income will not be reported on a tax return. The court may be forced to impute income.
Benefits of Preparing a Prenuptial Agreement Before an Illinois Marriage
Couples who are entering a marriage should have the expectation of being open and honest with each other. It is important to have a full understanding of the property, assets, and debts that each spouse is bringing into the marriage, as well as how they would be handled in the case of a divorce. While no one gets married expecting a divorce, by preparing a prenuptial agreement, both spouses will be better prepared and better able to avoid future financial disagreements.
Issues Addressed in an Illinois Prenuptial Agreement
Prenuptial agreements can be a sensitive topic, but many couples recognize the potential benefits, especially if one or both of the spouses are entering the marriage with significant assets. The following are issues that can be addressed in a prenuptial agreement:
Identify non-marital property – During a divorce, one of the first steps is to decide which property and assets were jointly owned by the couple, known as marital property, and which is non-marital. Non-marital property is typically that which was acquired by each spouse before the marriage began. Having a prenuptial agreement in place can clearly identify these properties, which will save time and stress during a divorce.
Can I Get My Illinois Marriage Annulled?
We have all made major decisions that we later wish we could undo. When it comes to undoing a marriage, the qualifying reasons under Illinois law to get a marriage annulled are very limited. If your situation does not meet one of the four reasons listed below, you must follow the legal procedures for divorce under Illinois law, even if your marriage has not lasted very long. It is best to work with an experienced attorney who can learn about your situation and guide you through the process.
Qualifying Reasons for an Annulment in Illinois
There are four circumstances in Illinois under which a married couple can have their marriage annulled. Each case also has a time limit before which the Declaration of Invalidity of Marriage must be filed. If the marriage does not meet one of the criteria or the time limit has passed, the couple either must stay married or seek a divorce. The qualifying circumstances and time limits are:
How Debt Can Be Divided in a Divorce in Illinois
During the divorce process, couples may struggle with how to divide many of their marital assets, including the marital home, investments, and retirement accounts. An equitable distribution will involve give and take and both sides will value certain assets over others. However, many will overlook the marital debts that they have incurred and the importance of distributing them fairly. Both parties must work together to account for all debt before or during the divorce process.
Common Types of Marital Debt
In Illinois, debt incurred by either spouse during a marriage is considered marital debt, unless specified in a prenuptial or postnuptial agreement. This includes debt and loans in both spouses’ names and taken on by just one spouse. Debt that was incurred before the marriage is not typically considered marital debt. Common forms of martial debt are:
What Happens if my Post-Divorce Relocation is Contested in Illinois?
People move for a variety of reasons including a new job, better schools, or a chance to be closer to extended family. However, there can be complications with a relocation in the wake of a divorce if you and your former spouse are sharing custody of your children. Indeed, if your move meets certain distance criteria, you are required to seek approval from the court. If you are considering a move, you need to be well-informed about your legal requirements and should know on what grounds your former spouse could contest the move.
Implications of a Relocation in Illinois
In Illinois, when one parent who has primary or shared custody wishes to move, no matter the distance, they are legally required to notify the other parent at least 60 days before the planned date of the move. For relocations above a certain distance, special approval of the court is required because of the potential impact it may have on the existing parenting plan and parental responsibilities. These distances are:
What Happens if We Own a Family Business and Get Divorced?
Divorce is rarely without complications. However, when a divorcing couple shares a family business, the divorce can be especially complex. Married spouses who are also business partners will need to determine how to address ownership of the business and the division of business assets during their divorce.
Dividing Business Assets in Your Divorce
A family business will likely be considered marital property in your divorce. This means that both spouses have a right to an equitable share of business assets. Before a business can be addressed during property division in a divorce, the spouses will need to determine the value of the business. There are many different ways to value a small business, but it is best to have a professional appraiser handle business valuation. This ensures that the valuation is as accurate as possible.
Restriction of Parenting Time in an Illinois Divorce or Child Custody Case
Illinois courts presume that it is best for a child to spend time with both of his or her parents. In an ideal world, this would always be the case. Unfortunately, not every parent is capable of providing the love and care that a child needs. If there are concerns about a child's safety or wellbeing with a parent, the court will restrict parenting time. However, parenting time restrictions are usually the last resort. For a parent's parenting time to be restricted, there must be substantial evidence of serious wrongdoing or safety concerns with the parent.
Reasons for Parenting Time May Be Restricted
Typically, the court does not put any limits on how and when a parent may spend time with their child. However, the court always prioritizes the child's best interest in a divorce or child custody dispute. In some cases, unrestricted parenting time is not in the child's best interest.
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