Posted on March 31,2020 in Parenting Time

The coronavirus pandemic has changed how we go about our daily lives in almost every aspect. Many states across the country have closed non-essential businesses, which include dining rooms for restaurants, movie theaters, non-essential retail businesses such as malls and clothing stores, and even many office buildings. These measures have been put into place to try to stop the spread of this new virus, also known as COVID-19. At the time of this writing, the United States has surpassed every other country in the world with the number of confirmed COVID-19 cases. In Illinois alone, there have been more nearly 6,000 confirmed cases, with 99 deaths reported. Many people have been wondering how this pandemic will affect their family situations, such as parenting time, especially those parents who are divorced with kids who are splitting time between different households.

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 Posted on March 25,2020 in Guardianship

When you think of guardianships, you may think of a person who is legally appointed to care for a child when that child’s parents are unable to do so. While this definition is accurate, that is not the only form of guardianship. Some adults are also in need of guardians. In the state of Illinois, the probate court is entirely responsible for granting guardianships to adults in need. Illinois has some of the most progressive and protective laws concerning adult guardianship. Rather than deeming a disabled adult “incompetent,” as was necessary prior to 1979, the needs of adults are measured through a clinical report put together by the court, and their guardianship will be tailored to meet their needs.

Who Can Have a Guardian Appointed to Them?

Like other states, Illinois law presumes that those who are over the age of 18 are able to handle their own affairs. In some situations, however, a person may be incapable of making important decisions or taking care of themselves for various reasons. Illinois law may grant guardianships to people who are disabled because of:

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 Posted on March 20,2020 in Child Support

The state of Illinois, like most other states, acknowledges that it is the duty of both the mother and the father to financially provide for a child. In situations where parents were married but got divorced or were never married but are now no longer together, child support is ordered to ensure the child is being provided with the essentials that he or she needs. Child support orders are legally enforceable orders, meaning someone can face consequences if he or she does not pay support as ordered. Unfortunately, this does not stop some parents from violating orders and refusing to pay child support payments. However, safeguards are put in place to help parents enforce and collect past-due child support that is owed to them.

What Happens When Payments Are Delinquent?

Once a parent becomes delinquent on child support payments, he or she will be in violation of the court's orders. If the other parent has not received child support payments on time or in full, he or she should work with a family law attorney to pursue enforcement of child support through the court. In many cases, the court will order that the paying parent's wages should be garnished, and an order will be sent to the parent’s employer requesting that they withhold an extra specific amount to cover the delinquent amount. Income will be withheld from the parent until the amount owed is paid in full. Any amount of child support that is owed must be paid in full, along with interest on past-due payments.

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 Posted on March 17,2020 in Children of divorce

Each year, thousands of American children experience their parents' divorce. This can be difficult for many kids to process and understand, and it can lead to other issues that can be of great concern to parents. During a divorce, one of the most common things parents report as being worrisome is how their children will cope. While many children have the ability to adjust to the divorce with supportive parenting and guidance, some kids can still struggle. A child’s difficulty with coping with the divorce can manifest in many ways, some of which can be frustrating or confusing to parents. Here are a few signs that your child is having a hard time accepting your divorce:

• Behavioral issues: Once of the most common signs that your child is not coping with the stress of divorce is through his or her behavior. If your child is exhibiting behaviors that are out of his or her normal way of acting, he or she may be suffering from the stress of the situation. This can manifest in a child returning to behaviors that he or she had grown out of, such as a school-aged child throwing temper tantrums. Another type of behavioral issue could be a child acting out in school or frequently getting in trouble for misbehavior.

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 Posted on March 13,2020 in Spousal Support

Getting a divorce means a lot of changes will occur. One of the most noticeable is your change in income. Most married couples live and run their household off of two incomes. When you get divorced, you have to transition from sustaining a household under shared incomes to meeting your needs with your income alone. For spouses who have not worked during their marriage or who have recently entered the workforce, this can be problematic. People who make significantly less than their spouses may also be concerned about their ability to support themselves after divorce. In these cases, spousal maintenance may be awarded. But what happens when your situation does not fall under the normal guidelines for calculation?

Illinois Spousal Support Guidelines

There are a number of factors that can affect whether or not you receive a maintenance award. These factors can include the income of both you and your spouse, whether or not either of you were out of the workforce for a period of time, and each of your needs. If the court finds that an award is appropriate, and you and your spouse earn a combined income of less than $500,000, the court will follow normal guidelines. This means spousal maintenance will be calculated by taking 33.3 percent of the income of the paying spouse and subtracting 25 percent of the income of the receiving spouse. Maintenance will usually be paid monthly, but in some cases, it may be paid annually or in a lump sum at the time of divorce.

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 Posted on March 10,2020 in Divorce

Although it is not impossible to have an amicable divorce, that is not always the case for some couples. Depending on the circumstances, it can be difficult to push your feelings about your spouse and the end of your marriage aside so you can work together peacefully. Divorce is a stressful situation that can, unfortunately, bring out the worst in some people. Some spouses can become controlling, and they may be tempted to spy on each other through the use of electronic devices. In these contentious situations, it is important that you take the steps needed to protect your electronic devices and the information stored on them from your spouse. Below are a few practical ways you can protect your privacy from your spouse’s interference.

Change Your Passwords

You may think that password-protected information is always safe. However, this is not always true. Even if you have passwords protecting devices like your cell phone, your computer, or different financial accounts, you should still change them to prevent your spouse from gaining access. This can be especially useful if you have previously used your spouse’s devices to log in to certain accounts, because password information may have been saved. Be sure to use unique passwords for each account, and choose passwords that your spouse will not be likely to guess. By ensuring that your spouse cannot access your accounts, you can prevent them from taking actions such as dissipating marital assets by transferring money from a joint account into a personal account.

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 Posted on March 06,2020 in Divorce Finances

There are two things that people are usually the most concerned about when they get divorced: their money and their kids. If you or your spouse has filed for divorce, a lot of time and effort may be spent worrying about finances during your divorce proceedings -- but that does not stop mistakes from happening. The money decisions you make throughout the legal process of ending your marriage not only affect the outcome of the divorce, but they can also affect the rest of your life. Here are a few common financial mistakes that are easy to make during your divorce and how you can avoid them:

Not Understanding the Difference Between Marital and Non-Marital Property

One of the first things you must do in your divorce is to determine what assets are and are not subject to division. In the state of Illinois, certain property is considered to be non-marital property, which is typically not divided in a divorce. These can be items or assets that you or your spouse each bought or received as gifts before your wedding.

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 Posted on March 04,2020 in Parenting Time

Some of the most common issues that arise after a divorce is settled are those related to the child(ren) the couple had together. Specifically, disputes over parenting time (visitation) can occur, and they can lead to a great deal of conflict between the parents. Because the decisions made during divorce are legally binding, a non-compliant parent can face a variety of legal consequences.

Court-Ordered Parenting Time

When you get a divorce, the state of Illinois requires you to come up with a parenting plan that outlines all relevant issues regarding your child, including how you and your ex-spouse will share parental responsibilities and how parenting time will be split between the two of you. If you cannot come to an arrangement on your own, an Illinois judge will make the decision for you based on a variety of factors in the child’s best interests. Because the parenting time schedule specified in your parenting plan is required, approved, and sometimes even created by the court, this makes it a legally-binding court order. This means both you and your spouse must follow the terms of the order, or you could face being held in contempt of the court.

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 Posted on February 26,2020 in Divorce

Depending on the source of statistics, anywhere between 40 and 50 percent of marriages in the United States will end in divorce. Many couples who are married also have children, and kids' well-being can be a significant cause of stress and worry for divorcing parents. Multiple studies have been conducted to determine the effects a divorce can have on kids. Psychological experts have stated that a divorce can have a significant impact on children’s lives, but it is important to realize that the impact does not have to be a negative one. There are many things you can do to ensure your children come out of the divorce in a good place. Below are a few common myths about divorce and children that can be dispelled.

Younger Children Are Not Affected By Divorce 

It has often been thought that young children do not really know what is going on during a divorce, and therefore, they are not affected as much as older children. If they cannot comprehend the situation, how can it impact them? While it is true that babies and toddlers do not really know what is happening during the divorce, that does not mean they do not feel the stress and tension that a divorce can bring. This is why it is important for parents to facilitate peacefulness and cooperation during a divorce.

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 Posted on February 24,2020 in Divorce

Making the decision to end your marriage is not one that is usually taken lightly. For most couples, it takes years for the marriage to break down to a point that one or both spouses realize it would be for the best to no longer stay together. Getting divorced is a final, absolute process that cannot be reversed once it is completed. Because of this, many couples turn to a less permanent form by legally separating before they make the decision to get divorced. A legal separation can be a useful tool for many couples if they are unsure they want the finality of a divorce.

Legal Separation Versus Divorce

At face value, a legal separation looks very similar to divorce. However, the outcomes are very different. When you obtain a legal separation, you must meet the residency requirement of living in Illinois for at least 90 days prior to filing. Next, you must file a petition to separate, which must include proof that you and your partner are living separately from one another. The two of you can then address issues such as spousal support, division of property, child support, and child custody.

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