Posted on October 23, 2020 in Divorce

If you are a parent who is facing a breakup or divorce, you may struggle with the idea of splitting custody with your child’s other parent. When you are used to seeing your child on a daily basis, the thought of seeing him or her a limited number of days can be heartbreaking. In Illinois, divorcing parents are required to create a “parenting plan” that outlines arrangements for parental responsibilities and parenting time. One of the provisions in this plan is the “right of first refusal.” This provision may enable you to enjoy additional time with your child during the other parent’s absence.

Requiring Your Child’s Other Parent to Contact You Before Contacting a Babysitter

Parenting time, previously called visitation, refers to the time a parent spends directly caring for his or her child. If a parent cannot fulfill his or her parenting time responsibility because of a vacation, work obligation, or another reason, that parent may choose to hire a babysitter or ask a relative to watch his or her child. This can leave the child’s other parent frustrated and upset. The right of first refusal refers to a parent’s right to be informed about parental absences and given the opportunity to “refuse” additional parenting time. For example, consider a situation in which a mother has the children Monday through Friday and the father has the children on the weekends. The mother will be out of town on a work trip Monday and Tuesday. Because the parents’ right of first refusal provision dictates it, the mother is required to inform the father that she is going out of town and ask him if he wants to keep the children on Monday and Tuesday. If the father cannot watch the children those days, the mother is free to hire a nanny or find different childcare arrangements with other family members.

Continue Reading ››

 Posted on October 09, 2020 in Family Law

If you and your soon-to-be-spouse are thinking about creating a prenuptial agreement or “prenup,” there are several things you should keep in mind. Prenuptial agreements, when formed correctly, are legally binding contracts. These documents can address issues such as spousal maintenance or alimony, property rights, division of property and debt, and several other issues that will arise if the marriage ends in divorce. Prenuptial agreements are especially beneficial in situations involving individuals on their second marriages, blended families, or spouses with a large discrepancy in wealth. However, if a prenuptial agreement does not meet certain criteria or contains mistakes, it may not be legally enforceable.

Problems That Can Invalidate a Prenuptial Agreement

A prenuptial agreement that is executed correctly is a contract that spouses are bound to by law. However, some mistakes can render a prenup virtually useless. Some of the issues that lead to a prenuptial agreement being invalid include:

Continue Reading ››

 Posted on September 24, 2020 in Family Law

A divorce may require that child support payments continue for years after a married couple separates, and the Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services (DCSS) has the power to modify child support orders so that they reflect any changes in Illinois law and personal circumstances. Although divorce settlements may require a spouse to pay both spousal support and child support, any modification passed by the DCSS does not apply to spousal support orders.

Spousal support may also be eligible for modification, but you would have to bring that up with a different department. Navigating the complexities of the Illinois family court system can be challenging, so do not hesitate to reach out to a family law attorney with plenty of experience helping clients modify child support orders.

Continue Reading ››

 Posted on August 31, 2020 in Divorce

Retirement savings are some of the most valuable assets people can have, and dividing them during a separation or divorce can be complicated. Even with a precise division of assets defined in your divorce agreement, tax implications prevent that money from being dealt with properly. To get around this hurdle and ensure that a retirement account holder or provider can issue payments without the payee being penalized, you will need a Qualified Domestic Relations Order or QDRO.

When Is a QDRO Necessary?

A QDRO can apply to child support, alimony, or property rights, but divorcing couples use them frequently to instruct a retirement plan provider on how to adhere to the division of assets outlined in your divorce agreement. For this reason, many retirement plan providers have their own QDRO forms that you can submit. Most people will use these standard forms, but if the division of the account is complicated, you may want to draft your own QDRO. Regardless of whether you take advantage of existing forms or draft your own QDRO, you should enlist the help of an experienced divorce attorney to fully protect your interests.

Continue Reading ››

 Posted on August 27, 2020 in Family Law

Domestic violence is a serious offense, and Illinois law treats it accordingly. One of the worst elements of the COVID-19 pandemic is how stay-at-home restrictions have led to a rise in domestic violence cases. Many people who relied on the flow of everyday life before COVID-19 to help avoid abusers now find themselves in dangerous situations. However, not all domestic abuse claims are true, and you should be prepared to develop a strong defense if you are accused of domestic violence. Whether an accuser does not fully understand the scope of domestic violence law in Illinois or he or she is making false accusations, the outcomes can still be serious. A domestic violence attorney who is well-versed in all aspects of family law will increase your chances of winning your case, so begin working with one as soon as you can.

Worldwide Domestic Violence Rates

Continue Reading ››

 Posted on July 22, 2020 in Maintenance

Many divorce settlements include terms for spousal support, where one former spouse provides financial support to the other until they can fully support themselves. Spousal support, also known as alimony or spousal maintenance, can be made in regular payments or a lump sum. The terms, either agreed to in mediation or ordered by a judge, are legally binding. There are a few ways that a court will enforce a failure to adhere to your alimony payment schedule. If your ex falls behind on spousal maintenance payments, contact a divorce attorney before acting.

Enforcing Court-Ordered Spousal Support

Before bringing your case to court, you should try to communicate with your ex-spouse to find out if there are any circumstances preventing him or her from making payments. Common reasons include the recent loss of a job, illness, and injury. If your former spouse is willing to cooperate, you can form an agreement until he or she is capable of catching up with the payments. For instance, you both could suspend alimony payments until the paying-spouse returns to work. You should have an attorney draft this agreement. Informal contracts can lead to misunderstandings and difficulties in court if you need to opt for that route.

Continue Reading ››

 Posted on July 08, 2020 in Divorce

Although it is not pleasant to think about right before your wedding, a good number of marriages will end in divorce. Because of this reality, planning for that possibility could save you a lot of trouble in the future. Of course, if you and your soon-to-be spouse never end up separating, your prenuptial agreement (prenup) will not weigh you down in any way. However, if you do file for divorce and do not have a prenup, settling the terms of your separation will be a lot more difficult than it needed to be.

What Can a Prenuptial Agreement Do for My Marriage?

The basic idea of a prenuptial agreement is to decide, in advance, how a couple will divide property and assets upon their divorce. Although you create a prenup before marriage, it does not take effect until the date that you get married. If you end up in court for divorce litigation without a prenup, a judge can decide how to divide your assets between you and your spouse.

Continue Reading ››

 Posted on June 29, 2020 in Child Custody

When divorcing or unmarried individuals have children together, one parent is typically ordered to pay child support to the other. This helps fairly divide the costs of raising the child and ensures that the child receives the same level of financial support that he or she would have received if the parents were married. The parent with the majority of parenting time, often called the custodial parent, is the recipient of child support while the parent with less parenting time is the payor of child support. However, things can become more complicated if the payor parent has more than one child support obligation.

Income Shares Method for Calculating Child Support

Illinois currently uses the Income Shares method to determine child support. This calculation method differs significantly from the way Illinois previously calculated child support. Instead of child support payment amounts being based solely on the supporting parent’s income, the Income Shares model takes both parents’ incomes into account. First, each parent’s net income is determined. Next, the parents’ combined net income and the number of children needing support are used to determine the “basic support obligation.” This is the total amount of support the children should receive from both parents. This total is then divided between the parents based on each parent’s percentage of the combined net income. In situations involving shared parenting, meaning each parent has the child for 146 or more nights a year, each parent’s parenting time is also factored into child support calculations.

Continue Reading ››

 Posted on May 27, 2020 in Divorce

After years of unhappiness and frustration, you and your spouse finally took the necessary steps toward dissolving your marriage. The process was not easy—few divorces are—but you finally see the light at the end of the tunnel. It is possible to be happy again, and your post-divorce reality offers the opportunity for you to reclaim your life and your health. In accordance with the law, the terms of your divorce are formally recorded as part of the judgment of dissolution of marriage. Going forward, it is the responsibility of both parties to remain in compliance with the judgment, which, as a court-issued directive, is enforceable with legal action. If your spouse is failing to keep up his or her end of the arrangement, though, it may be up to you to take control of the situation.

Common Reasons for Needing Enforcement

Every divorce is different, of course, as the challenges facing an individual couple are the result of their own unique circumstances. However, certain aspects of a divorce judgement are more likely than others to be the source of non-compliance. Spousal maintenance and child support obligations, along with concerns regarding parenting time, commonly create issues when one spouses refuses or is unable to comply with judgment. There may also be complications in completing the division of property process as, in many cases, the transfer of assets from one party to the other may take place over the weeks and months following the divorce.

Continue Reading ››

 Posted on May 01, 2020 in Divorce

While the term “narcissist” is often used to reference a person who is very self-absorbed, it may also refer to an actual psychological condition. People with narcissistic personality disorder (NPD) often believe that they are superior to other people, require constant attention and praise, and engage in manipulative or controlling behavior.

If you are considering divorce and you are married to a narcissist, the road ahead will likely be filled with challenges and frustrations. Fortunately, you do not have to face these challenges alone. An experienced family law attorney can help you end your marriage as quickly and efficiently as possible while ensuring that your rights are fully protected.

Keep Copies of Communication and Financial Documents

Narcissists often lie, so having evidence of the real facts of your case is essential. Your spouse may attempt to hide assets or even purposely waste assets in order to reduce the property your receive in the divorce. Make copies of financial records such as tax returns, bank statements, retirement account statements, and credit card statements. Also, save emails, text messages, and other communications between yourself and your spouse that show his or her true nature. Evidence like this is extremely useful in proving your side of the case during your divorce proceedings.  

Continue Reading ››