College Expenses and Your Child’s Right to Support

 Posted on December 00,0000 in Children of divorce

If you are a divorced parent, you understand how difficult it can be to fulfill all of your parental obligations while maintaining a close relationship with your child. In addition to being an involved parent and a positive influence in the child’s life, you may also be required to pay child support, at least until the child turns 18 or graduates from high school. Depending on the circumstances of your situation and the terms of your divorce agreement, however, your support obligation may continue as your child heads to college, but such considerations are often much more complex.

Child Support Basics

Every child has the right to expect financial support from both parents. This idea is the basis of child support laws in every state, including Illinois. While child support payments are typically made by one parent to the other, the right such support is considered to belong to the child. A parent does not have the authority to waive that right on the child’s behalf, and a court may order child support even the parent with primary custodial responsibilities insists that he or she does not need it.

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The Rights of Grandparents After an Adoption

 Posted on December 00,0000 in Visitation

Allocating parental responsibilities often involves more than just parents and children. Grandparents and other family members often play a critical role in a child's life. For this reason, Illinois low allows grandparents to seek court-ordered visitation rights with a child.

It is important to understand that the law presumes that a parent is fit to make decisions regarding their child. This includes where and when to let a grandparent visit. If, however, the grandparent can prove to the court that the parent's denial of access is both unreasonable and harmful to the child's “mental, physical, or emotional health,” a judge can override the parent after considering a number of factors.

Court Holds Oral Visitation Agreement Unenforceable in Illinois

But what about cases where a parent has severed their legal parental rights by consenting to their child's adoption? Can the grandparents still seek visitation rights? An Illinois appeals court recently answered that question in the negative.

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Oklahoma Bill Looks to Limit No-Fault Divorce

 Posted on December 00,0000 in No Fault Divorce

Over the last several decades, the attitudes toward marriage and divorce have evolved significantly in many parts of the country. Many states, including Illinois, have made ending an unhappy or unhealthy marriage easier than ever before, helping spouses escape what could be an ultimately damaging situation. In at least one state, however, a number of lawmakers believe that getting a divorce has become too easy and have introduced legislation that would limit the availability of no-fault divorce for its citizens.

According to recent estimates from the U.S. Census Bureau, the divorce rate in the state of Oklahoma is among the highest in the nation. An estimated one-third of all marriages in Oklahoma end in divorce and about 13.4 percent of the state’s population is currently divorced. For some in the state legislature, these types of numbers are unacceptable. Representative Travis Dunlap, R-Bartlesville, has introduced a bill that he believes will encourage married people to fight for their marriage rather than giving up with things get tough.

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How the Economy Can Affect Divorce Rates

 Posted on December 00,0000 in Divorce Finances

While a marriage or divorce is often the result of a combination of emotional factors, it impossible to deny that finances play a major role in both. In marriage, tax benefits are generally available for both spouse, and the idea of combining two incomes is often a motivating factor—especially for younger couples looking to make ends meet.

Similarly, divorce also effects requires a number of financial changes and places economic demands on recent ex-spouses who must adapt to living on their own. It is little wonder that health of the national economy can be an influential force when it comes to keeping a marriage together or tearing it apart.

Money Matters

It may seem logical to assume that struggling economy would make life more difficult for married couples, creating added stress and pushing them toward divorce. In reality, however, the opposite seems to be true. Tough economic times tend to affect everyone in certain ways, but statistics suggest that a recessed economy actually keeps couples together rather than driving them apart. For some couples, this may be a result of trying a little harder in difficult times. For others, however, the question is simply one of money.

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The Dangers of Hidden Assets in Divorce

 Posted on December 00,0000 in Division of Property

A divorce is rarely an easy undertaking and, in some cases, can be extremely complex, especially if you fear that your spouse is not being honest about his or her financial situation. Hidden assets can prevent the court from putting together an accurate assessment of the marital estate, which could affect not only the property division process but issues related to spousal and child support as well.

What is a Hidden Asset?

While it is possible for a spouse to hide assets while living in the marital home during the marriage, it becomes even easier to hide assets following a separation. If you and your spouse are living apart, he or she could have opened secret accounts, started working under the table, received gifts from friends, or made undisclosed investments. Hidden assets may also take the form of physical items like jewelry, furniture, artwork, and real estate.

Revenue streams and income are often hidden by a spouse simply neglecting to disclose them during the divorce proceedings. It is also possible for a spouse to ask friends or family members to hold on to certain items or assets until the divorce is finalized. Physical items may actually be hidden in a safety deposit box or other discrete places as well. Regardless of how an asset is hidden, if discovered, the court will not look favorably on the behavior and may even order sanctions to be paid by the offending spouse.

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Moving On: Parent and Child Relocations

 Posted on December 00,0000 in Relocation

Following a divorce, the involved parties may feel the need to change things up in order to move on and close a rather painful chapter in their lives. The parent who has primary residential responsibilities regarding a child may want to move to another state to pursue new opportunities in employment or even a new relationship. These kinds of life changes can shake up even the most amicable co-parenting situation as a non-moving parent is faced with the possibility of not seeing his or her child regularly, or having to incur the costs of going to visit the child in the new home.

While the non-moving parent may get longer periods of visitation time, such as during school breaks and other long holidays, he or she stands to lose vital, frequent interaction with the child. The child’s connections to other family members and friends may also suffer, and he or she will have to change schools after the move.

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Oral Agreements and Divorce Settlements

 Posted on December 00,0000 in Collaborative Law

There are many alternatives to litigation when it comes to divorce, including mediation and collaborative law. When these alternatives are successful, the parties must still submit a final agreement to the court. A settlement agreement, after all, is a legally binding contract. But at what point is the settlement binding? Can you agree to a settlement and then change your mind at the last minute? A recent Illinois divorce case illustrates how courts may deal with such a scenario.

Court Rejects Husband's Effort to “Back Out” of Agreement

The parties in this case were married for about 16 years. The wife filed for divorce in 2013. Following a lengthy financial discovery process, their case was scheduled for trial at the end of 2015. At a scheduled deposition in October 2015, the parties opted to have a settlement conference instead.

The parties emerged from the conference with an oral agreement, which they presented to the trial judge. The wife's attorney read the terms of the deal to the judge. The judge then asked both the husband and wife if they had participated in the negotiation of these terms, that they understood those terms, and they “agree to bound” by the. Both spouses responded yes to all three questions. Based on this, the judge ordered a follow-up hearing, at which time the parties would present a final written agreement incorporating the terms of the oral settlement.

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Illinois Dads Arguing for Equal Parenting Time Agreements

 Posted on December 00,0000 in DuPage County divorce lawyer

During a divorce, the child custody arrangement is one of the most important decisions the spouses need to make. How much time children get to spend with each parent will affect their relationships and psychological wellness. Illinois courts at one time presumed joint custody to both parents was in a child's best interest. As of 2016, the state updated the Illinois Marriage and Dissolution of Marriage Act (IMDMA) to change the old custody model to an "allocation of parental responsibilities" standard.

Under the updated IMDMA law, the following was implemented:

• Both parents have the right to spend time with his or her child, as long as it's in the child's best interests.
• Responsibilities are divided into parenting time and decision-making.
• One parent will be the primary residential parent and will have a majority of the decision-making responsibilities.

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Dealing With False Accusations of Domestic Violence

 Posted on December 00,0000 in Domestic Violence

False accusations of domestic violence are, sadly, all too common in family law cases. Such allegations are problematic for a number of reasons. First, they undermine legitimate efforts by organizations throughout the country to prevent and eliminate the very real problem of domestic abuse that occurs in many families. Of course, false accusations also create serious issues for the person who has been accused. If that person is you, it is important to understand what you can do in family court to defend yourself.

Protective Orders and Temporary Restraining Orders

Victims and purported victims of domestic violence in Illinois are able to apply for an emergency protective order or a temporary restraining order without any advance notice to the alleged abuser. If the court finds that the victim is currently in danger and immediate action is required to keep him or her safe, an order of protection will be issued. Once the order is issued, a law enforcement officer will serve a copy of the order on the alleged abuser.

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Helpul Tips for Blended Families

 Posted on December 00,0000 in Children of divorce

For many people, remarriage offers another chance at finding the happiness that may have eluded them in their previous relationships. A person considering getting married again has found a new partner with whom they look forward to building a life together. From a practical standpoint, however, marriages can be very challenging, especially for those with children still living at home. Such couples must take steps toward blending their families in a way that is beneficial for everyone involved.

Talk, Listen, Repeat

The first thing that you and your intended spouse should do is have a series of conversations about what you expect your new home situation to look like. Chances are good that you each ran your homes differently and will have your own ideas about the “right way” to do things. If only one of you has children, the other may defer to parenting style, but if you both have children, compromises will be necessary. Start slow and allow time for reflection and consideration of each other’s ideas, then revisit them with follow-up discussions as needed.

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