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Recent Blog Posts
Can Social Security Benefits Offset Pensions in Illinois Divorces?
All divorce cases involve a division of assets, whether it is an even 50-50 split or a different ratio that the Court decides is equitable based on the circumstances. When dividing pensions and other retirement assets, a non-owner spouse can choose to either receive property in an amount equal to his or her portion of the benefits at the time of a divorce, or as a monthly distribution when the owner-spouse becomes eligible to receive it. However, what happens when one spouse contributes more money to Social Security instead of an employer-sponsored pension?
Division of Pension and SSI Benefits
Employers generally withhold a portion of an employee's salary for Social Security benefits. These benefits are paid as a monthly benefit once an employee reaches federal retirement age. Similar to a pension, money earned during a marriage is withheld from an employee's paycheck and held for later distribution.
How to Establish Paternity in Illinois
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.
Traveling Out of Town with Your Children: Do You Need Permission?
The holidays are here, and for many families that means traveling out of state — whether to visit family or to simply get away from the cold Illinois winters and spend time on the beach. But if you are divorced and have a child custody agreement, can you continue to travel out-of-state with your children during the holidays? The answer is yes – but only if the other parent agrees.
Out-of-State Travel with Illinois Children
Illinois law requires each parent who is part of a child custody agreement to retain the other parent's consent before traveling out of Illinois with the children for vacation. Parental consent is not required for in-state travel.
Sealing Illinois Divorce Records
Illinois divorce records are public documents. Any person who walks into a Courthouse, and is willing to pay, can access and photocopy all documents contained in a divorce case. Additionally, all documents contained in a divorce file — pleadings, financial disclosures, exhibits — are fair game and can be viewed; however, you can have the Court seal these records for compelling reasons.
Sealing Illinois Divorce Records
If you are going through a divorce, there are a number of reasons why you may want your divorce records sealed. Several reasons include the following:
Privacy. People are nosey. Friends and family may want to see divorce records for a number of reasons — curiosity as to how much money you have, how much debt you may have, and to find out any potential “juicy” details about the divorce itself. Celebrities and public figures often have their records sealed for this reason.
Handling the Holidays with Children after Divorce
Whether a family celebrates Christmas, Hanukkah, Kwanzaa, or just the winter season, the holidays will be very different following a divorce. However, it does not mean that the holidays will be impossible. In fact, certain steps can be taken to help keep everyone happy.
Have a Detailed Child Custody Agreement
The first and most important suggestion for handling the holidays after divorce is ensuring a child custody agreement specifically deals holiday arrangements. There is no "one-size-fits-all" approach. A decided schedule will depend entirely on the circumstances of each individual family.
Some couples choose to alternate holidays, with one parent having the children on Christmas in odd-numbered years and the other having the children in even-numbered years. Others may divide a holiday and have children spend part of the day with both parents. For example, one parent may spend Christmas Eve and Christmas morning with the children, while the other parent then spends the remainder of Christmas day with the children.
Parent Education Class Requirements in Illinois Child Custody Cases
The Illinois Supreme Court rules require all parents involved in a child custody case, whether contentious or not, to enroll in parent education classes. Even if the one parent defaults or fails to participate in the proceedings, the other parent is required to attend the parent education class.
- Pre-decree class: Parents in the process of a divorce or civil union dissolution.
Name Change in Illinois after Divorce
A recent article on The Huffington Post may have you wondering how difficult it is for spouses to revert back to their maiden names following a divorce. The author, who lives in Massachusetts, stated that she was required to pay a filing fee to take back her maiden name, and that there was no guarantee that the Court would grant her request (though it ultimately was granted).
Use of Maiden Name after Illinois Divorce
In Illinois, spouses can revert to their maiden names following a divorce with minimal hassle. In order to do so, the interested spouse must simply include a request in the divorce petition to restore a maiden name. The same applies to same-sex divorcing couples. Additionally, there is no additional filing fee, and although the request requires Court approval, the Court is very unlikely to not grant it.
Child's Preference in Illinois Custody Cases
One of the most difficult aspects of divorce is dealing with child custody. The possibility of having to relocate or switch schools, in addition to spending less time with both parents, can leave a child feeling stressed, anxious and opinionated about the parent with whom he or she wants to live. However, when making an award of child custody or visitation, the Court must consider the child's best interests. Additionally, there are a number of factors the Court must weigh. One factor is a child's preference, pending the Court determines that the child has “sufficient maturity to express a preference.”
Best Interests and Child Preference in Illinois Custody Awards
Law Governing Illinois Spousal Support Payments Set to Change
A new law, scheduled to go into effect on January 1, 2015, will change the way Courts can award spousal support (also known as alimony or maintenance) in Illinois divorce cases.
Current Illinois Spousal Support Guidelines
The current law governing spousal support payments in Illinois divorce cases authorizes the Judge to award spousal support to either spouse after weighing a number of factors, including:
- Duration of the marriage;
- Income and education level of each spouse;
- Lifestyle established during the marriage;
- Health of each spouse; and
- Future earning capacity of each spouse.
The current structure for awarding support does not have any percentage guidelines to help Judges determine the amount or duration of any spousal support payments. This means the amount of any award of spousal support is purely discretionary on the Judge's part, and could be influenced by his or her personal views on spousal support or how sympathetic (or unsympathetic) he or she finds either party.
Can Use of Corporal Punishment Affect Illinois Child Custody?
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Introducing The Law Office of Nicholas W. Richardson
Nicholas W. Richardson is an experienced divorce lawyer and mediator whose comprehensive legal knowledge, commitment to clients and reputation for results bring lasting solutions to your problems.
The Law Office of Nicholas W. Richardson, P.C. serves clients in Illinois cities such as Palatine, Schaumburg, Inverness, Arlington Heights, Rolling Meadows, Glenview, Hoffman Estates, Bartlett, Des Plaines, Elk Grove Village, Mt. Prospect, Niles, Prospect Heights, Skokie, Streamwood, Barrington, Buffalo Grove, Wheeling, and others throughout Cook County, DuPage County, McHenry County, and Kane County.
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