Posted on December 00,0000 in Child Support

A new Illinois law signed last year that affects the way child support payments are calculated took effect earlier this summer. The new formula takes into account a number of variables previously not considered when divorcing couples and their attorneys negotiated child support payments to be paid by the noncustodial parent.

Details of the New Formula

Under the old law, child support was based only on the income of the noncustodial parent. Proponents of the change maintain the calculation now takes into account the actual cost of raising a child, and how those costs are divided between the custodial and noncustodial parent. The new model also places a greater emphasis on the amount of time each parent spends with the child(ren).

While a judge ultimately decides the amount of child support to be paid, the new law provides clear guidelines to help determine the proper amount. Among the criteria to be considered under the new “income-shares” model are:

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 Posted on December 00,0000 in Division of Property

When a marriage results in divorce, the end is usually not as simple as each spouse picking up and heading off in separate directions. Before a divorce decree is issued, the parties must go through the identification, valuation, and subsequent allocation of all marital property.

The Asset Division Process

In Illinois, when a divorce enters the asset division and allocation process, the law calls for an “equitable” distribution of assets, meaning “fair,” and not “even” or even 50-50. This includes:

• Property acquired by either spouse during the time of the marriage is considered marital property and subject to division. Sometimes this is complicated when one spouse attempts to shield assets from the other.
• Once all assets are identified, the value of each is determined and the process of division may begin.

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 Posted on December 00,0000 in Child Custody

Throughout the divorce process, much of the stress and anxiety weighs on the adults, as well as their children. It is a very difficult time for everyone involved. However, when a divorce involves children, often times members of the extended family are affected. This is especially true for grandparents who have built a deep and loving relationship with their grandchildren.

Grandparents’ Rights in Illinois

As with many legal matters, laws pertaining to visitation vary from state to state, and the issue of Grandparents’ rights to spend time with their grandchildren is no different. Here is a summary of some key facts relative to visitation of grandchildren during divorce. A court may grant visitation if:

• The parents are not living together;
• One of the parents is absent;
• One parent is deceased; and

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 Posted on December 00,0000 in Child Custody

Divorce is difficult, and there is probably no single person who would deny that. When a divorce involves children,  that difficulty rises to a new level as the daily routine of very young people is turned upside down. A big part of the anxiety for children is the question of where they will live and with which parent when custody is determined. The question then becomes, can a child pick the parent with whom they want to live?

Can Children Have a Say?

Generally speaking, custody and residency are matters determined by parents. In the event the parents disagree, the courts will get involved. When a judge listens to a custody case or a request for a change in custody, they will consider the child’s opinion depending on a few factors:

• Age and maturity of the child; there is no specific age, but if the judge feels the child is old enough and mature enough to express their opinion then it shall be considered.

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 Posted on December 00,0000 in Life After Divorce

It is not uncommon for those who just experienced the emotional and mental stress of a divorce to feel a little distrustful and jaded. After all, that union that was supposed to last a lifetime ended, for whatever reason, prematurely and now you are left to rebuild what is left of your life. Well, there is plenty of evidence to suggest that there is life after a divorce.

The Recovery Process

Much like a person dealing with the death of a loved one, there is a process for those emerging from a divorce. Consider applying these tips to your post-divorce life to help you move on to a new phase in your life.

• Allow yourself to mourn. It is okay to feel grief following a divorce or even remorse, but don’t dwell on it. Make room for those feelings, deal with them and make plans to move forward.
• As a way to help you deal with your feelings, sometimes talking with a professional is helpful. Working through your post-divorce emotions prevents them from polluting the next phase of your life.

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 Posted on December 00,0000 in Life After Divorce

When something you thought would last forever suddenly ends it is not uncommon to feel a sense of loss or even fall into depression. Divorce can be like that. Even if you saw knew a divorce was coming, when it is all over the experience can still exact an emotional toll.

The Stages of Loss

Not unlike the stages one might experience dealing with the death of a loved one, the stages an individual can go through following a divorce are no less real. You may not necessarily experience all five, but knowing what to expect can help you cope:

• Denial and isolation: in the face of overwhelming emotion, a newly-divorced person may seek isolation to deal with the situation.
• Anger: Misdirected anger can be harmful so finding a healthy outlet is important.
• Bargaining: You might start second-guessing the divorce or dwelling on things you might have done differently.

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 Posted on December 00,0000 in Life After Divorce

After going through the stress and expense of a divorce, the last thing on the mind of many adults is getting into a new relationship. However, for some divorced spouses, the desire to find a new partner is high on their list of things to do after getting out of a failed marriage. Just as no two divorces are alike, the reasons for getting into or avoiding a new relationship are just as varied.

Avoid Making the Same Mistakes

If you are intent on getting into a new relationship following your divorce, it may be important to take stock of the things that ended your marriage and strive to prevent those same issues from damaging future relationships. Other pitfalls to avoid include:

• Do not get in the habit of thinking all men (or women) are just like your ex-spouse. Sure, all men and all women share certain traits, but be honest with yourself and fair to potential suitors by giving others a chance to prove they can be a good partner.

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 Posted on December 00,0000 in Life After Divorce

When going through or dealing with the aftermath of a divorce those affected may attempt to keep the other segments of their life as normal as possible. In many cases, this means trying to prevent the emotion and anxiety of the divorce from seeping into and impacting one’s work. It is not always easy, but maintaining a steady and consistent work environment can help a person get through their divorce.

Getting Through the Work Day

The stress of your marriage breaking up can have a negative effect on your work performance. You can do everything in your power to keep things on an even keel, but here are a few ideas to help you maintain good productivity at work.

1. Let your boss know what is happening. It would be okay to have a private conversation with your supervisor to let him or her know that is going on with your marriage. Ask for some flexibility when it comes to meeting with your attorney.

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 Posted on December 00,0000 in Division of Property

When a couple is preparing for or going through a contentious divorce it happens that one spouse may attempt to hide assets, run up debt or sell off property in an effort to cheat the other from what might otherwise be a fair split of marital assets. You can prevent this “win at all costs” strategy by taking steps to protect marital assets.

Establish a Plan Before a Divorce Occurs

There are steps you can take, although one must proceed with caution while doing so, to protect marital assets from dissipation:

• Take personal property out of the home and storing it with a trusted friend or separate location.  This is easier than attempting to recover property from your spouse’s possession after divorce proceedings have started.
• Open a separate bank account, but be very careful not to take more than your fair share of the value of marital property, or you can find yourself charged with the very thing you were trying to avoid - asset dissipation.

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 Posted on December 00,0000 in Divorce Finances

Both marriage and divorce create a wide variety of financial scenarios that impact both spouses, as well as children, over the course of months and years. Some believe the best way to maintain financial security, even before a divorce is considered, is to keep a secret account with funds of which your spouse is not aware.

Positive Aspects of a Secret Fund

Husbands and wives may find that opening a separate account apart from any joint accounts becomes a necessity. Some pros for doing so include:

• A “secret” account can be both financially and emotionally empowering. Some people need to maintain an element of individuality that marriage may not otherwise permit.
• Women’s advocates insist maintaining financial independence is important. Should a divorce become imminent that independence may be beneficial.
• You, and you alone, control how the funds of this account are spent.

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