Posted on August 29, 2019 in Child Support

Every child has the right to be supported by both a mother and a father. There are some cases in which this is unable to happen due to the death of a parent. However, in cases where two parents are alive, both should be responsible for the upbringing of the minor. Unwed couples often have a more difficult time raising a child together, especially if the alleged father is denying paternity of the child. Most men deny a child because they do not want to assume the financial responsibility of raising a baby with a woman to whom he is not married.

In these cases, a mother can ask the court to order a paternity test to prove that a man is the father of her child. Once paternity is established, the mother can move on to file a petition for child support, and the couple can work on visitation rights of the father.

Why is it Important to Establish Paternity?

Unmarried parents in Illinois must establish paternity if they birth a child before marriage or else the father cannot be llsted on the child’s birth certificate. The child will suffer as well if paternity is not established because he or she might not have:

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 Posted on August 23, 2019 in Family Law

UPDATE: This is an update to a 2019 blog that discusses grandparents and child custody. Read through the blog to learn about a new pilot program intended to help grandparents raising grandchildren in Illinois, then continue to learn more about how grandparents seeking custody of their grandchildren can move forward with a case. Finally, contact a St. Charles, IL grandparents' rights attorney for help.

Many grandparents in Illinois are responsible, at least in part, for raising their grandchildren. Whether the reason for the need for extended family support is due to very young parents, parents who have died, parents who are incarcerated, or parents who are simply unfit to raise their own children, grandparents often find themselves doing the lion’s share of the care and keeping of a child.

Sometimes, grandparents need or want to make this arrangement formal by seeking custody of a grandchild. If you are in this situation, you may be wondering: What are grandparents’ rights in Illinois?

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 Posted on August 16, 2019 in Illinois Divorce

Choosing to end a marriage is a difficult decision by itself, so going through the divorce process should be as stress-free as possible. It is always best for a couple to agree to the terms of the divorce on their own, but if the two people cannot discuss things without arguing, then a mediation session is the next best thing.

When going through the court system, the couple getting the divorce have less control over the splitting of assets, allocation of parental responsibilities, and business control because the court will make the decisions. In mediation, the couple is in control so long as they can find a resolution that both can agree on and be happy to accept.

What Is Mediation?

The state of Illinois utilizes the Uniform Mediation Act which says that “mediation” is a discussion between both parties involved in a divorce—or other legal case—and a third-party, unbiased person who is called a “mediator.” This person’s job is to make sure a couple remain civil during the discussion of all aspects of a divorce

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 Posted on August 07, 2019 in Child Support

Illinois considers it the right of any child to receive financial support from both of his or her parents. Child support can allow a child with divorced or unmarried parents to experience the same opportunities and quality of life as he or she would with parents who are together. Illinois courts use a specific method, called “income shares,” to calculate fair and reasonable child support obligations. However, if something major changes in the life of either parent or the child, the child support order may need to be amended. It is important to learn the steps you should take to request a child support modification in Illinois.

What Should I Do If I Cannot Afford Child Support?

Child support payments can often be a substantial part of a parent’s overall expenses. If you realize that you cannot make your support payment, never simply stop paying. Child support nonpayment is taken very seriously by Illinois courts and you could face serious consequences for neglecting your obligation. Parents who fail to pay their court-ordered child support can face steep fines, wage and bank account garnishment, property liens, interception of tax returns, and more. In the most egregious cases, failure to pay child support can be considered a criminal offense punishable by jail time. If you realize that you cannot make your support payment, notify the recipient of support and your local county court house. To request a change in child support, file a Petition for Modification of Child Support with the court.

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 Posted on July 31, 2019 in Illinois Divorce

Whether you have been married two years or 20 and are now going through the process of divorce, you should be aware of how that divorce will impact how you file your taxes going forward. Unfortunately, filing your taxes will not go back to the way it was before you were married, when you filed as single and only had a W-2, or maybe two of them. Much is changing and knowing what to expect the first time you file taxes after your divorce can make the process easier.

Determining Your Filing Status

Your filing status will be based on your marital status as of December 31st of the filing year. If you are filing your taxes for the 2018 year, then you would file as single if your divorce was final on or before the last day of the year

There are other factors to consider, such as who is deemed the custodial parent. The custodial parent, because they usually have the children for a larger percentage of the time, can claim Head of Household. This filing status is helpful in many ways.

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 Posted on July 26, 2019 in Illinois Divorce

Any divorce can come with myriad complications that can create stress not only for those going through the legal process but also for any children and other family members involved. When there is a business involved, things can become even more stressful with many factors for the court to consider. Before discussing the business valuation in a divorce with your spouse, heading into mediation hearings, or making requests of the court, you should understand how a divorce can impact your business and how a business can impact your divorce

Reaching a Mutual Decision

Open communication is encouraged when two parties are seeking a divorce. If you own a business, whether it is considered marital property or not, discussing the business and its assets with your ex can mean much fewer headaches in the future. Reaching an agreement concerning who owns or runs the business as well as making other vital decisions without needing the courts to decide for you will always be the best option.

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 Posted on July 12, 2019 in Illinois Divorce

If you are currently receiving maintenance payments, also known as spousal support or alimony, you must notify the payor if you remarry or move in with a romantic partner. Illinois law requires you to notify the payor of your intention to remarry at least 30 days prior to the wedding, unless the wedding occurs spontaneously, in which case you must notify the payor within 72 hours of the wedding

Unless your divorce order states otherwise, the obligation to make future maintenance payments ends on the date of your remarriage or on the date on which cohabitation began as determined by the court. If maintenance was paid to you after such date, you must reimburse the payor for those amounts

How is Cohabitation Defined Under Illinois Law?

The determination of whether someone is cohabiting “on a resident, continuing conjugal basis” can be somewhat more difficult to prove and to pin down to a specific start date. Thus, you will have to petition the court to examine the facts and make a determination as to whether there is a de facto marriage. Unless the cohabiting partner concedes, there will have to be a court hearing at which witnesses and evidence are presented. The court will consider the following factors: 

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 Posted on July 03, 2019 in Illinois Divorce

Since Illinois switched to the “income shares” method in 2016, child support payments are calculated based on the combined net income of both parents. When both parents have a job that pays a straight salary or hourly wage, the calculation of net income is fairly straightforward. The calculation can be far more complicated, however, when a parent is self-employed, retired, has a child support obligation from a previous marriage, or has some other special situation

The Definition of Net Income for Illinois Child Support Calculations

Illinois child support law (750 ILCS 5/505), in combination with various court rulings, defines income for the purpose of child support calculations as follows

Net income includes all income from all sources, broadly defined by the courts as “a gain or recurrent benefit” that “enhances a parent’s wealth and facilitates that parent’s ability to support a child.” This specifically includes:

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 Posted on July 01, 2019 in Illinois Divorce

Before you finalize your Illinois divorce settlement, consider this: Will you and your children be financially protected if your ex-spouse dies prematurely? Under Illinois law, the obligation to pay spousal support, aka maintenance or alimony, terminates upon the death of either spouse unless otherwise agreed in your divorce settlement. Child support obligations, however, are not terminated by a parent’s death. The court may order a deceased parent’s estate to pay child support and college expenses

Child Support After a Parent’s Death

Per 750 ILCS 5/510(d), “the amount of [child] support or [post-secondary] educational expenses, or both, may be enforced, modified, revoked or commuted to a lump sum payment, as equity may require, and that determination may be provided for at the time of the dissolution of the marriage or thereafter.” To ensure your children’s financial security and your own peace of mind, you can ask for your child support order to specify how child support will be paid out of a parent’s estate in the event of death. Keep in mind that both parents have an obligation to support their children financially, so this determination should be made for both parents.

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 Posted on June 21, 2019 in Illinois Divorce

When you start thinking about divorce and dividing your assets, the division of your personal and household belongings may not be top of mind. However, when you add up the cost of replacing those items, the total can be significant. Insurance companies generally estimate the contents of your home to be worth about 50 percent of the value of the structure itself. Thus, if your home is worth $400,000, its contents may be worth as much as $200,000.

In an Illinois divorce, all marital property must be divided equitably between you and your spouse. Your marital property broadly includes all household furnishings and other belongings acquired during your marriage with the exception of items received via inheritance or personal gift. In a typical division of property, each party keeps their own clothing, jewelry, and similar personal items, although a high-value collection of watches or jewelry may be excepted from that rule. You will need to inventory everything else and decide on an equitable division of those items.

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