Posted on December 00,0000 in Child Support

If you are a parent who has been ordered to pay child support, you probably realize the importance of your obligation. Regardless of how you may feel about your child’s other parent, you know that your child is depending on your help in providing for his or her most basic needs. But what happens when situations in your own life get in the way of meeting your responsibilities? Technically, you are still required to make your ordered payments, but there are some things you can to help improve your situation.

Basic Child Support Requirements

Under Illinois law, an order for child support is typically based on two factors: the supporting parent’s net income and the number of children requiring support. Net income is defined as any and all income for all sources minus certain allowable deductions for taxes, union dues, insurance premiums and other specific expenses. Your obligation for child support will generally be set as a percentage of your income, beginning with 20 percent for one child, up to 50 percent for six or more children. On a case-by-case basis, a court may order you to pay a higher or lower amount upon consideration your family’s specific circumstances and needs.

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 Posted on December 00,0000 in Divorce

If your marriage has been affected by a cheating partner, it is only natural to want some type of retribution. Some individuals will use their partner’s infidelity as a justification for their own adulterous acts—though most relationship experts advise against revenge cheating. Others, especially those who have decided to end their marriage, may believe that a financial penalty should be in order. While the law in Illinois does not allow the court to award extra money or property to the victim of a cheating spouse, there are some ways your unfaithful partner can be held at least partially responsible.

Infidelity Clauses in a Prenuptial Agreement

The Illinois Marriage and Dissolution of Marriage Act expressly forbids a judge from taking marital misconduct—like cheating—into account when dividing marital property or determining spousal support in a divorce case. There is, however, nothing that says that you and your spouse cannot agree to penalties for infidelity in advance. An increasing number of prenuptial agreements around the country are being drafted with infidelity clauses that prescribe a monetary or property consequence for acts of unfaithfulness. For example, you could agree—voluntarily, of course—that if you cheat, you forfeit a certain percentage of the marital estate that would otherwise be allocated to you. As long as your agreement is reasonably fair, the court would be hesitant to supersede it.

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 Posted on December 00,0000 in Prenuptial Agreement

Prenuptial agreements are becoming increasingly common in today’s society, especially as remarriages and marriages between individuals with significant property holdings become more prevalent. When properly executed, a prenuptial agreement can be a very useful tool for alleviating contentiousness and disagreement in the event of a divorce. On the other hand, there may be situations in which the agreement you signed before your marriage may not actually be enforceable under the law.

Change Your Mind?

It is important to keep in mind that a prenuptial agreement is a contract with your soon-to-be spouse. Signing any contract has its consequences, and this situation is no different. Over time, you may come to regret the choices you made in drafting the terms of your agreement, but that does not usually make them any less enforceable. A court will not set your agreement aside just because you have changed your mind about your decisions. You signed the contract, and you must live with its provisions. However, there are some factors that could render your prenuptial agreement unenforceable.

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 Posted on December 00,0000 in Division of Property

Divorce is a complicated topic. There is virtually no limit to the types of issues that can arise, and each case is as unique as the individuals and families involved. Dividing property in divorce is often among the most difficult considerations with which a couple must contend, and while the laws regarding the process are seemingly straightforward, their practical application is often quite complicated. This can be especially true regarding inherited property, or assets received by either spouse following the death of friend or family member.

What Does the Law Say?

According to the Illinois Marriage and Dissolution of Marriage Act, the marital estate—property that is subject to division in divorce—consists of all assets and debts acquired by either spouse subsequent to the marriage, with limited exceptions. Among the most prominent exceptions, however, is “property acquired by gift, legacy, or descent or property acquired in exchange for such property.” In other words, anything given to you as a gift or as inheritance is non-marital property, as are proceeds from the sale of gifted or inherited property. For example, if your uncle passed away and left you his home, you could still sell the home and keep the money as a non-marital asset.

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 Posted on December 00,0000 in Domestic Violence

Despite decades of public awareness campaigns, physical violence and other forms of domestic violence continue to plague millions of families throughout the state and around the country. While the state of Illinois no longer recognizes any “at-fault” grounds for divorce, domestic violence still remains a major consideration within family law, as allegations and proven behavior can directly impact a parent’s suitability for parental responsibilities and time with his or her children. Proceedings for allocating parental responsibilities and parenting time, however, may play out over the course of weeks and months, so what can a victimized person do in the meantime? In some situations, an emergency order of protection may be the appropriate first step.

Filing for an Emergency Order of Protection

Sometimes known as a restraining order, an emergency order of protection is a court-issued directive that limits or restricts the behavior of an alleged abuser. An abuser who violates an order of protection is subject criminal prosecution for the violation, in addition to any other illegal actions he or she commits in the process.

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 Posted on December 00,0000 in Divorce

Over time, society’s opinions are constantly evolving. Some ideas that were controversial in previous generations may be less so today, while other commonly-held beliefs from decades ago are no longer quite so acceptable. Divorce is a good example. Prior to the 1970’s, divorce was largely viewed as a last resort, and carried a significant social stigma. Since then, public opinion has dramatically shifted, and divorce has become a more socially-acceptable solution for many couples. A new study, however, suggests that the pendulum has begun to swing the other direction regarding how most people view divorce, paired with a new view on the practice of unmarried cohabitation.

Direct Questioning

The National Center for Health Statistics (NCHS), a sub-agency of the Centers for Disease Control and Prevention, has released a report that examined public attitudes regarding marriage, divorce, sex, and related subjects, and how they have changed over the last several decades. The survey was conducted at intervals between 2002 and 2013, and the sample size, while varied at each interval, always included at least 10,000 adult participants. Participants were presented with a number of statements and asked whether they agreed or disagreed with each statement, using a system that allowed them to “strongly agree,” “agree,” “disagree,” or “strongly disagree.”

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 Posted on December 00,0000 in Relocation

Nobody likes the idea of feeling trapped. If you are like most people, you want the freedom to seek new adventures and new opportunities. Of course, certain responsibilities in life may limit your ability to enjoy such liberties, but that does not mean they are completely out of reach. If you currently share parental responsibilities with your child’s other parent, you may feel that you are no longer free to pursue your personal goals, especially if they involve moving to another part of the state or out of Illinois altogether. Getting permission from the court for a relocation, however, may be possible, and there are some things to think about before you make a decision.

Legal Requirements

When you are the parent with primary parental responsibilities and half or more of the parenting time with your child, you must obtain permission from the other parent before relocating with the child. If the other parent refuses, you can seek permission from the court for the move. You only need approval if your new residence would be within Illinois and more than 25 miles from a current home in the metro Chicago area, or more than 50 miles from a current home anywhere else in the state. An out-of-state move requires approval if it is more than 25 miles from a current home anywhere in Illinois.

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 Posted on December 00,0000 in Parental Rights

The FBI believes that most of the thousands of children who go missing every year are abducted by a parent, usually a parent who has not been granted primary custodial responsibilities. In a significant number of these cases, authorities believe that the abducting parent had help from a third party.

Faye Yager, who founded Children of the Underground in 1987, freely admits that her organization is one of these third parties. During its heyday in the early 1990s, the group stole names from the birth certificates of dead people, advised runaway parents and their children to “leave everything behind,” and concealed them in one of an estimated 1,000 safe houses. These parents (mostly women) were on the run from allegedly abusive current and former partners (mostly men) and the courts that supposedly turned a blind eye to their plights. The movement lost steam in 1998, when Ms. Yager faced 60 years in prison for alleged child kidnapping and child cruelty; the charges were eventually dropped when the children at issue returned to their father.

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 Posted on December 00,0000 in Child Support

Around this time each year, tens of thousands of high school seniors prepare to graduate and being looking ahead to the future. Some will enlist in the armed services, many will enter the workforce, while others will look to further their education at a college, university or trade school. How they will pay for school is another question entirely, as much has been written about the growing problem of student loan debt and ever-increasing college expenses. While Illinois law does address the possibility of a parent contributing to his or her child’s post-high school education, situations in which such support may be ordered are somewhat limited.

College Expenses Following a Divorce

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) is a series of statutes that govern marriage and divorce, and most of their attendant issues in the state. The IMDMA provides that, in most cases, court-ordered child support ends once a child has turned 18 or graduated from high school. However, the law grants the court the discretion to order continued support for an adult child to assist with college expenses. In doing so, the court must take into account a number of factors, including the income and resources of each parent, including retirement savings, the standard of living created in the marriage, the child’s resources, and the child’s academic performance.

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 Posted on December 00,0000 in Divorce

Most divorce specialists say that withholding, an abusive behavior between spouses, is a quick way to destroy a marriage. How do you know if you or your spouse are withholding from each other? This behavior can take many forms, but is typically when one spouse stops communicating with the other, denies them of their time, or refuses to do something. There are a few common withholding behaviors, and it is important to recognize some ways you can correct them before they lead you to divorce.

Withholding Information

Anytime you keep a secret from your spouse you risk creating an emotional divide between the two of you. This type of withholding involves not sharing information with your spouse, be it financial information, what you do with your friends, different places you go, and so on. Over time, your spouse will likely come to feel as if they cannot trust you, and trust is key in any successful marriage. If you feel the need to hide things from your spouse, proceed with caution, as you risk damaging your marriage.

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