Posted on December 00,0000 in Illinois family law attorney

An action or an order for child support is not often a surprise to a divorced or unmarried parent. Most parents understand the child’s need for financial support and the expectation that both parents should contribute toward it. What many parents do not understand, however, is the method under which child support obligations are calculated in Illinois, which can lead to surprise and disbelief regarding the amount of the order depending on the situation.

Percentage of Obligor Income

Illinois law, currently, operates under what many consider to be relatively outdated formula of calculating child support. Called the “percentage of obligor income” model, the current system computes a support obligation based on the income of the supporting parent and the number of children to be supported. Other factors may be considered, but the resources and income of the custodial parent or the child are not quantitatively factored into the calculation. Similarly, shared custody and parenting time do not directly impact the court’s decision.

Continue Reading ››

 Posted on December 00,0000 in Children of divorce

Negotiating arrangements regarding child custody can be particularly challenging after a divorce or for parents who were never married. Some parents are able to work out an acceptable agreement between themselves that takes into account the best interest of the child, while balancing the ability of each parent to provide for him or her. Others, however, cannot reach an agreement on their own and must rely on the court to make a determination for custody. Each parent often has an idea of what they would like, and often, so does the child. In many cases, the child’s wishes can influence the court’s decision.

The Child’s Wishes

It is important to understand that a child’s preference regarding custody arrangements represents only part of the court’s necessary considerations. How big a part it plays, however, must be handled on a case-by-case basis, depending on the maturity level and decision-making ability of the child. Under Illinois law, there is no set age at which a child is able to definitively decide on a custody matter; instead, his or her wishes may be given more weight based on the child’s ability to recognize what is in his or her own best interest.

Continue Reading ››

 Posted on December 00,0000 in Parental Rights

Filing for divorce can be a painful and difficult process. This is especially true when a divorcing couple has children and cannot agree on a child custody arrangement.

If you are considering divorce, it is important to learn as much about the process as possible. This will help you prepare for the proceedings and know what to expect. Child custody laws are complex, and each case is different. This is why parents who have questions about child custody should consult an experienced family attorney.

Parents with a criminal record often want to know if they can win custody or visitation rights. As with most divorce matters, the answer to this question depends on the specific facts of the case.

It is possible for a parent with a criminal record to win custody or visitation rights. However, a history of violent behavior may affect the custody ruling. The judge will consider any physical violence, threat, and occurrence of ongoing or repeated incidents of domestic violence when awarding custody.

Continue Reading ››

 Posted on December 00,0000 in DuPage County divorce lawyer

Although the divorce process comes with many legal and financial obstacles, some challenges continue long after the procedure completes. This is especially true for parents.

Many ex-spouses have a difficult time adjusting to single parenthood. Whether the courts award single or joint custody, the mother and the father will have to get used to taking partial or entire care of their children.

Many people assume that mothers are the default parent during custody disputes. According to the National Fatherhood Initiative, there is a cultural predisposition to view fathers as inferior single parents when compared to mothers. This is simply not true. There are a lot of hardworking single fathers who must balance work with their parental responsibilities and personal interests.

If you are a newly single father, try practicing these three tips:

Continue Reading ››

 Posted on December 00,0000 in DuPage County divorce lawyer

The divorce process is challenging for any couple, and especially so for parents. However, parents of special needs children face even more complicated issues during divorce, as the impact to their child can be particular upsetting and stressful. Many parents with special needs children may often it preferable to keep divorce proceedings free from contentiousness and acrimony as much as possible by turning to collaborative law in an effort to negotiate the end to the marriage.

Countless articles and research papers have been written on the current divorce rate in the United States. While many suggest the rate is actually lower than the commonly accepted “half of all marriages end in divorce,” it is fairly difficult to establish for sure. Married parents of children with special needs, however, are far more likely to divorce. According to some estimates, couples with special needs children may face divorce rates of up to 90 percent.

Continue Reading ››

 Posted on December 00,0000 in DuPage County divorce lawyer

Divorce involves more than the dissolution of a marriage. It is a complex legal process, and many couples will experience financial hurdles on their way out of the relationship.

Deciding to divorce is a serious consideration, and protecting your financial interests requires careful planning. One of your first steps should be calling a divorce attorney for advice. Your lawyer will likely look to find out:

•         Whether or not there was a prenuptial agreement;
•         If you and your spouse have children; and
•         The income, assets, and deb of you and your spouse make.

Under Illinois law, these factors—and many others—may affect your strategy for securing your financial future. Because this is such an intricate process, hiring a divorce attorney may ultimately save you money over the long term.

Continue Reading ››

 Posted on December 00,0000 in DuPage County divorce lawyer

Working with your soon-to-be spouse to develop a prenuptial agreement may be an uncomfortable task, but not doing so can compromise your financial interests in the event of divorce. In Illinois, the laws governing property division are intricate, and many couples find it difficult to navigate the legal system. This is why the advice of a divorce attorney may prove invaluable. Before you decide to divorce, contact a lawyer to learn how the process will affect your finances and to learn ways to protect your interests.

Prenuptial Agreements and Asset Division

As the median age for a first marriage continues to rise, individuals often enter a marital relationship with a substantial amount of personal property and assets. These may include savings accounts, business interests, and a variety of other investments. When considering marriage, a partner may not wish to combine all of his or her personal property into the marital estate and a valid prenuptial agreement can help ensure that your assets remain your own property. There are times, however, when a prenuptial agreement may be challenged.

Continue Reading ››

 Posted on December 00,0000 in Illinois family law attorney

Parents who are divorced or unmarried face often face significant challenges in remaining an active part of their children’s lives. As a non-custodial parent, especially, you may find getting access to visitation with your child to be difficult, let alone developing a meaningful parent-child relationship. Despite the obstacles, however, you know how important your child is to you, and understanding your legal rights can help you take necessary steps toward your more prevalent role in his or her life.

Reasonable Visitation Rights

The law in Illinois presumes that the best interests of a child are served when he or she enjoys a positive relationship with each parent. As such, any parent who is not granted custody of a child is granted reasonable rights to visitation. “Visitation” is a term which may be used to describe interactions between the child and a parent in various custody situations. For example, if your child’s other parent was granted sole legal custody, you generally maintain visitation rights. Alternatively, if you and the other parent have been granted joint custody, your child will likely maintain a primary residence with one of you while enjoying visitation with the other.

Continue Reading ››

 Posted on December 00,0000 in DuPage County divorce lawyer

To many in modern Western culture, the option of divorce is one that is fairly-well taken for granted. While some may be opposed to the idea of widespread divorce for moral or religious reasons, they recognize it as a legal recourse to dissolve a civil agreement. In previous generations, however, divorce could often be much more complicated that it is today, as it required providing evidence of wrongdoing or fault on the part of one spouse. Throughout America, that is no longer the case, as each state has enacted its own provisions for completing a no-fault divorce.

No-Fault and Irreconcilable Differences

It is still very possible under Illinois law to pursue a divorce on fault grounds. These often represent serious allegations of actions committed by a spouse, including but not limited:

Continue Reading ››

 Posted on December 00,0000 in Illinois family law attorney

Properly raising a child requires years of hard work on the part of parents. Children require time, attention, and love from their parents as they grow and learn about the world around them. In addition, raising a child requires quantifiable resources as well, as any parent subject to a child support order clearly understands. However, just as a child’s needs for care and attention may change over time, his or her financial requirements may also evolve. Likewise, a parent’s ability to provide financial support may change. Such situations may require a child support order modification to ensure that the needs and abilities of all involved parties continue to be appropriately considered.

Child Support Basics

Under Illinois law, a child support order is generally calculated based on the net income of the parent required to pay support. The calculation may be affected by circumstantial factors regarding the child, each parent, and the needs and resources of everyone involved. Considerations for medical care, educations expenses, and other shared costs may also be made, and once entered, the order becomes fully enforceable by law.

Continue Reading ››