Posted on February 20, 2014 in Child Support

One of the fundamental questions decided during a divorce revolves around child support. In virtually all cases involving minor children, the parent with whom the children will primarily live - the custodial parent - is entitled to receive monetary assistance from the non-custodial parent to help with the needs of the children. In Illinois the laws established a formula for determining the measure of child support that is appropriate under different circumstances.

The Law in Illinois

Child support in Illinois is considered a duty owed to the child or children directly - not the former spouse. This obligation includes the educational, physical, mental, and emotional needs which are reasonable and necessary for the support of the child. For purposes of child support, all children under the age 18 (or 19 if still in high school) are included. Illinois statute sets forth the minimum amount of child support required based on the number of children under the legal age. Accordingly, the statute correlates the number of children requiring support with a percentage of the supporting party’s net income.

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 Posted on February 14, 2014 in Collaborative Law

Collaboration during a hotly contested issue is often difficult for the parties involved, but the rewards can be greater because the parties reach a mutual resolution together. Collaborative law is a form of alternative dispute resolution. Regardless of the situation in which you find yourself, this method of dispute resolution is an option that should always be considered.

How it Works

Collaborative law is not about taking sides. Typically, these negotiations see the conflicted parties negotiating with each other to reach a mutually beneficial outcome. As this is a voluntary process, the parties must agree to pursue this form of dispute resolution, but the benefits of doing so include a reduction in the amount of money spent on the conflict, and a reduction in the time necessary to reach the desired resolution.

As part of the process, each party still retains their own individual attorneys to assist with the collaborative law process and settlement of the disputes at issue. Additionally, other professionals, such as a financial advisor, may be included in the process to develop equality in the division of all assets and debts of the parties. Because this is a voluntary process, the parties have to agree, via a contract, to disclose relevant documents and information pertinent to the issue. The parties also agree to be respectful to each other and the process. Additionally, the process includes agreements meant to protect children, avoid court, share the costs of any necessary experts, and above all, seek amicable solutions to the issues they face.

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 Posted on February 07, 2014 in Division of Property

Before you were married, you and your future spouse had no doubt accumulated personal assets. And now as a couple, you and your spouse have likely accumulated marital property for which you can both claim ownership. Divorce is difficult for anyone, but it becomes increasingly more difficult when couples have differing ideas on the division of property during divorce proceedings.

Property Division

Paramount to the determination of who gets what during property division concerns how the property is classified. The property is either classified as marital, meaning that there the couple has joint ownership of the property, or it is classified as nonmarital, which means the individual owns the property.

First and foremost, property acquired before the marriage is the property of the individual, or nonmarital property. Marital property is any property acquired by either spouse after the marriage, except for certain property acquired by gift, legacy, or descent. If property is exchanged for property acquired before marriage, or exchanged for property acquired by gift, legacy, or descent, then it is considered nonmarital property. The parties to the divorce proceeding can agree to exclude certain property. If property is acquired after a judgment of legal separation, it will be considered nonmarital.

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 Posted on January 29, 2014 in Legal Separation

When a marriage ends or a separation occurs, there are often bitter feelings and questions about what the involved parties should do next. Most often, in cases of this nature, the individuals will first look to their friends and family for advice, or in some instances, advice is thrown at those in transition without solicitation. The reality, however, is that there is no substitute for sound legal advice from a legal professional who understands the law and can apply it to your particular case.

Dissolution of Marriage

In Illinois, 750 ILCS 5/401 dictates the requirements for dissolution of marriage.The grounds for dissolution of marriage range from impotency, willful desertion to habitual drunkenness by the spouse for two years, the excessive use of addictive drugs for two years and beyond...

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 Posted on January 23, 2014 in Divorce Decree Modification

Lives change from day to day, month to month, and year to year. Often, what was good or beneficial at one point in life no longer holds the same significance later. Circumstances occasionally arise in which a divorce decree needs to be modified in order to better comport with current living situations.

The Law

An order for child support can be modified upon a showing of substantial change in circumstances. If there is no substantial change in circumstances, then the party receiving the benefits must demonstrate an inconsistency between the amount of the existing order and the amount as determined by the guidelines set forth in 750 ILCS 5, Section 505, unless that inconsistency is the result of a deviation from the guideline amount. This provision, however, only applies if a party is receiving child support enforcement services, and only if at least 36 months have elapsed since the order or last modification. There may also be a modification without showing a substantial change in circumstances, if a need can be shown to provide for the needs of the child’s health care through health insurance or other means.

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 Posted on January 15, 2014 in Same-Sex Marriage

This June, Illinois same-sex couples will be able to marry pursuant to a bill passed by the Illinois General Assembly in November. While this public act treats all couples the same for the purposes of state law, married same-sex couples still have unique legal issues to consider.

When a same-sex marriage ends, obtaining divorces may prove problematic for Illinois couples who leave the state after their marriages end. Today, at least 16 other states, the District of Columbia and the federal government will recognize same-sex marriage from Illinois. However, if a couple married in Illinois moves to a state that doesn’t recognize same-sex marriage, they may be unable to divorce. These couples may have to establish residency in a state that recognizes gay marriage in order to divorce.

Same-Sex Couples Can Help Themselves Pre-Marriage

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 Posted on January 08, 2014 in Premarital Agreement

Premarital agreements have a bad reputation. People associate premarital agreements with a lack of commitment or as only appropriate for the very wealthy. But in reality, premarital agreements can provide stability and security to any marriage – regardless of financial situation. While Illinois’ divorce rate is somewhat lower than the national average, divorce is still common. If you live in Illinois and are contemplating marriage, consider whether a premarital agreement might be right for you.

A premarital agreement – also known as a prenuptial agreement or a “pre-nup” – is a written agreement between two prospective spouses in contemplation of marriage. Once signed by both parties, it becomes effective upon marriage.

• Which party is responsible for debts and liabilities, such as a mortgage, that accrue during marriage;
• Each party’s right to use, rent, sell, transfer or encumber property;

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 Posted on December 00, 0000 in Premarital Agreement

The fact that roughly 50 percent of all first-time marriages end in divorce is common knowledge. However, you may be surprised to learn that 67 percent of second marriages (and 73 percent of third) do not make it “’til death do us part” either. There are no firm reasons why, but one aspect is clear — if you are contemplating taking a second trip down the aisle, you should have an Illinois prenuptial agreement.

Illinois Premarital Agreements

A premarital agreement, more commonly known as a prenuptial agreement (or pre-nup for short), is a voluntary agreement entered in to by both parties prior to marriage that becomes valid once the couple is married.

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 Posted on December 00, 0000 in Child Support

Paternity is a term used to describe the relationship between a father and his child. Legal paternity is established by law, and it gives a mother the right to seek child support from her child's father. Additionally, a father then has the right to seek custody and visitation.

In Illinois, when a married woman gives birth, her husband is the baby’s father. Or, if a mother is married at the time of conception, her ex-husband is assumed to be the child’s father. In both scenarios, a husband or ex-husband’s name is placed on a birth certificate and is therefore considered a baby’s legal father.

However, when a mother is not married at the time she gives birth, a father is not automatically considered a legal father — even if the couple is in a long-term relationship and there is no doubt the man is the child’s father. In these scenarios, a father must first establish paternity in order to become a child’s legal father and have his name placed on the birth certificate.

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 Posted on December 00, 0000 in Child Support

Following a divorce, chances are high that either you or your spouse will re-marry. However, if you and your ex-spouse had children, and there is a child support order involved, is it possible for the custodial parent to obtain an increase in the original child support award based on the new spouse's income?

Calculation of Illinois Child Support Payment

The Court determines the value of a monthly child support an obligor (the parent ordered to pay child support) must pay based on a child support guidelines adopted by the Illinois legislature. Although there may be slight variations, a typical child support award is a percentage of an obligor’s net income, with the percentage being determined by the number of children he or she is financially obligated to support.

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