Posted on February 15, 2025 in Child Support

A report released in November 2023 by the U.S. Census Bureau found that 4.1 million parents were receiving cash payment child support. About 2.7 million parents received non-cash support in the form of groceries, clothing, diapers, childcare payments, or medical expenses. Most parents receiving child support (88 percent) did so through court orders, while only about 12 percent had an informal agreement with the other parent.

Almost 21 percent of parents receiving child support have reached out to a governmental agency for help in getting the support payments they are owed. Typically, the parent who spends less time with the children pays child support, although this may not always be the case if the parents’ incomes are highly disparate. In cases where custody is roughly 50/50, the parent with the higher income may be required to pay child support to the other parent.

Child support is meant to keep the child’s standard of living as close as possible to where it was when his or her parents were married. The state of Illinois presumes that both parents will contribute financially to the costs associated with raising children. If you have questions regarding child support, speaking to an experienced Yorkville, IL family law attorney can be extremely beneficial.

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 Posted on February 06, 2025 in Annulment

There are two types of annulments - a civil annulment and a religious annulment. A civil annulment, like a divorce, terminates a marriage, but it also invalidates the marriage entirely – as though it never happened. Religious annulment has the same effect, but it is a choice made by those whose religion disallows or disfavors divorce.

A civil annulment may precede a religious annulment or stand on its own. On a global scale, the Catholic Church issues only about 60,000 annulments each year, the majority of which take place in the United States. Although only about 6 percent of the world’s Catholics live in America, as of 2015, they accounted for between 55 and 70 percent of all religious annulments.

Civil annulment statistics in Illinois are combined with divorce statistics, making it difficult to know how many occur. The last year the two were reported independently was 2011 when there were 94 annulments in Illinois. In Illinois, an annulment is called a judgment of invalidity. The meaning is the same as an annulment, but the outcome is the same.

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 Posted on January 31, 2025 in Spousal Support

Retirement can bring major life changes, including a slower pace of life and the opportunity to finally relax a bit. Once retirement occurs, financial adjustments may also need to be made. If the retiring individual is either paying or receiving spousal maintenance, will this change the amount of the payments – or end them entirely? For the paying spouse, does retirement mean the spousal support can be reduced? If so, is it automatic? These are all important questions. To get the best answers for your unique situation, speak to an experienced Aurora, IL family law attorney.

What Does Your Divorce Agreement Say?

What was the award of spousal maintenance based on, and what was the length of the maintenance under the statutes? A judge can deviate from Illinois statute, but generally does not. So, the duration of spousal support is based on the length of the marriage in years, multiplied by the associated percentage to determine how long the spousal support will be paid. For example, for a marriage of less than five years, the percentage multiplier is 20 percent.

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 Posted on January 29, 2025 in Divorce

More than a decade ago, a prominent politician testified about a number of personal issues during a divorce deposition. It is a safe bet that this politician never thought about these details coming out many years later when he decided to run for one of the highest public offices.

 Divorce is the end of a chapter and the beginning of a new one and can be one of the most anxiety-inducing experiences of your lifetime. You may be sad about your divorce or glad to finally have it done with, but regardless, to the extent possible, you need to make sure your privacy is protected throughout your divorce.

In particular, if you are a high-net-worth individual or are well-known (nationally or in your own community), the last thing you want is for everyone to know your business. All documents created and filed during your divorce are open to the public and accessible by those with an interest unless you obtain a court order that restricts public access.

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 Posted on January 21, 2025 in Divorce

If you are contemplating divorce or are in the middle of one, you may be worried about your financial future, especially if you have been a stay-at-home parent for some or all of your marriage. While marital assets are just that—marital, subject to an equitable split—if you do not have the financial security from a regular income or recent work experience, divorce can leave you feeling very vulnerable.

If your children are still very young, the situation can feel even more precarious. The cost of childcare can be prohibitively expensive; for many, the paycheck they earn barely covers daycare and the most basic expenses. Now is the time for you to be proactive as you deal with this life transition. Speak to a highly skilled Batavia, IL family law attorney who can advocate for your financial future throughout the divorce.

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 Posted on January 17, 2025 in Property Division

Dividing up the marital assets is often one of the more contentious aspects of an Illinois divorce. First, marital assets must be clearly separated from one spouse’s separate assets, and then a fair division of the marital assets must be undertaken. Unfortunately, it is sometimes difficult to determine which assets are separate and which are marital.

Nine states in the U.S. are considered community property states, which means marital assets are divided exactly equally regardless of any other considerations. Illinois is an equitable distribution state, which divides marital assets fairly rather than 50/50. Separate assets are generally considered those that one spouse had prior to the marriage or gifts or inheritances received after the marriage.

There are, however, many exceptions to these "rules," which can make determining which assets are separate much more complex. If you received a personal injury award while married, is your spouse entitled to a portion of that award? The best way to get an answer to this question is to speak to a knowledgeable Geneva, IL family law attorney.  

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 Posted on January 13, 2025 in Child Custody

Working out child custody agreements (the allocation of parental responsibilities) can be challenging, to say the least. Divorce is hard on all those involved, especially the children. While courts do their best to make decisions that reflect the best interests of the children involved, there may still be bumps along the way. Historically, one parent is designated as the primary caregiver while the other parent receives parenting time (visitation).

However, over the past decade, the trend has been toward a custody agreement known as co-parenting. Advocates of co-parenting say it provides more stability for the children as the parents have a more equal share in parenting. Opponents of the co-parenting model say it is unrealistic and difficult to accomplish. If you are currently facing child custody issues, speaking to an Oswego, IL, family law attorney can be beneficial.  

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 Posted on January 07, 2025 in Divorce

Divorce and other family legal issues can be extremely stressful and are often highly emotional as well. Some people facing divorce or another family law matter may wonder whether they can handle the matter on their own without an attorney. In virtually every situation, the lack of a family law attorney can prevent your best interests from being represented in court and hinder your ability to make informed decisions.

A Money Magazine article reported that those who have an experienced divorce lawyer secured an average of 50 percent more in financial settlements than those who chose DIY. There are many factors associated with choosing the best divorce attorney for you. Choosing an Aurora, IL family law attorney does not have to be an agonizing process. Below are some tips to help you choose a lawyer who truly cares about the outcome of your divorce.

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 Posted on December 31, 2024 in Divorce

Divorce across the United States peaked in 1981, dropping by almost 8 percent forty years later, in 2021. In addition to being an often difficult, usually emotional process, divorce is made up of numbers. There are the actual divorce statistics – like those above - to consider. Then, once you get to the divorce itself, there is a wide array of numbers involving finances, asset division, spousal support, and child support, to name a few.

While no one wants to think their marriage has come down to numbers, the dissolution of a marriage is very much like the dissolution of a business partnership – and the numbers matter in both cases.  The more you know about these numbers, the more you will understand the divorce process and the more likely you are to have the most positive outcome possible.

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 Posted on December 24, 2024 in Divorce

"Prove-up" is the term used in Illinois family courts for the final court date of a divorce. This is the date set by the judge to finalize the divorce after an agreement has been reached between the spouses. Both spouses will appear before the judge, where they will be asked a series of questions to ensure that they are in agreement and that all matters have been settled. If you have questions regarding the day of the prove-up hearing, speaking to your Batavia, IL, family law attorney can be helpful.

Do I Have to Attend the Prove-Up Hearing?

While both spouses may attend the prove-up hearing, the Petitioner (the spouse who originally filed for divorce) is usually the only one required to attend. The Respondent can choose to appear and testify, but he or she is not usually required to do so. The prove-up hearing can proceed without the Respondent when he or she has entered an Appearance and signed the agreements.

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