Recent Blog Posts
The Income Shares Model in Illinois Child Support
As the dynamics of family structures evolve, so too must the legal frameworks that govern child support. In Illinois, child support laws reflect a more equitable and comprehensive approach known as the “income-shares” model. These laws not only impact how child support is calculated but also emphasize the shared financial responsibilities of both parents in ensuring the well-being of their children. If you live in Illinois, have dependent children, and are getting divorced, contact an attorney to ensure you understand the law.
Embracing Equity Through the Income-Shares Model
One of the most important concepts found in Illinois' child support laws is the principle of equity between parents. Traditionally, fathers were seen as a family's primary financial provider and were therefore almost always the parent who paid child support. The income-shares model instead requires figuring out each parent's monthly net income and then combining these to establish a total support obligation. This approach ensures both parents share the responsibility for supporting their children, regardless of the parent's gender.
The Ins and Outs of Parenting Plans in Illinois
Navigating the land of parenting can often feel like venturing into unknown territory, even when you have had children for years. When divorce adds into the mix, parental feelings of despair and worry regarding what the future may hold are common and can bring considerable distress to parents and children alike.
In Illinois, parents getting divorced must create a parenting plan, a critical piece of Illinois divorce law. But what exactly are parenting plans, and why are these plans so important? Any parent in Illinois dealing with divorce must understand the complexities of making a parenting plan - that way, once it becomes time to create a parenting plan, you and your child's other parent can make your plan the best it can be.
Three Examples of When Post-Decree Enforcement is Necessary
After a divorce in Illinois, the Court issues a decree that outlines the terms of the divorce settlement, including financial support, property division, and parenting time arrangements. However, sometimes, one party fails to uphold his or her part of the decree, thereby choosing to disobey the Court's orders. If your ex-spouse is engaging in this type of conduct, contact a lawyer right away to ensure you can protect your rights from being trampled upon.
After going through a divorce, many hope to put the often difficult process behind them for good. However, when one spouse fails to follow the decree, you can feel like old wounds are being opened again. At The Law Office of Nicholas W. Richardson, P.C., we are skilled in assisting clients in post-decree enforcement. Understand that this conduct by your ex-spouse is entirely unacceptable. Hire us to get the support and guidance you deserve.
What Must a Non-Married Father Do to Gain Custody or Visitation Rights?
Becoming a parent is a life-changing and joyous experience filled with love and, above all, responsibilities. For non-married fathers, the journey to gaining custody and visitation rights is a legal maze with important steps to follow. One of the critical factors in this process is establishing paternity that forms the foundation for asserting parental rights for non-married fathers. Suppose you are a non-married father looking to gain custody or visitation rights of your child; contact a lawyer to navigate this important process.
At The Law Office of Nicholas W. Richardson, P.C, our straightforward, no-nonsense approach to divorce and family law is what has made our firm enormously effective in representing both families and individuals who are often engulfed in some of the most important processes and decisions of their lives. When the stakes are high, The Law Office of Nicholas W. Richardson, P.C delivers for you.
Ways Collaborative Law Differs from Traditional Divorce Methods
Picture this: a divorce process where both parties sit at a table, not opposite each other in a courtroom, but side by side, working together toward a common goal. This is the essence of collaborative law, a refreshing approach to divorce that sets it apart from the traditional, more confrontational types of divorce proceedings. In this modern and cooperative divorce process, the focus is on communication, respect, and finding solutions that benefit both parties. If you are interested in collaborative divorce and are interested in learning more about it, contact an attorney to kickstart the process.
At The Law Office of Nicholas W. Richardson, P.C., our dedicated family law attorney is equipped with the knowledge and resources to ensure those going through a divorce have the choice of selecting a collaborative method of divorce to navigate the proceedings effectively.
Teamwork Over Adversarial Battles
Illinois collaborative law stands out for its emphasis on teamwork over nasty courtroom battles. Unlike traditional divorce methods that often put spouses against each other in courtroom showdown, collaborative law encourages couples to work together with a team of professionals, which will certainly include lawyers but may also include financial experts and therapists, to find common ground and reach mutually beneficial divorce agreements. This shift from confrontation to collaboration helps build a more positive and respectful environment for resolving disputes and moving forward.
What Does a Non-Marital Asset Mean in Divorce in Illinois?
In Illinois, when a couple decides to divorce, one important aspect to consider is the division of assets. Non-marital assets play a significant role in this process. Non-marital assets involve assets that will not be subject to division because they are considered to belong to one spouse individually rather than to the marital estate. For assistance through every step of your divorce, hire an attorney to ensure you have the proper legal guidance to fight for a fair settlement.
At The Law Office of Nicholas W. Richardson, P.C., Attorney Richardson champions clients facing difficult family law issues. Whether it is a contested divorce, child custody battle, or asset distribution, Attorney Richardson is a respected legal professional you can depend on when it matters most.
Gifts Given to One Spouse Will Likely Be a Non-Marital Asset
In most situations, gifts given to one spouse during the marriage will be considered a non-marital asset. This includes gifts for birthdays, holidays, or special occasions, as well as gifts from family members or friends. As long as the gift was intended for one spouse individually and not for the couple as a whole, it will likely be classified as a non-marital asset during divorce proceedings.
Understanding How the Use of Outside Experts Can Assist in a Custody Dispute in Illinois
In a divorce involving children, custody disputes can arise for a wide variety of reasons. When these disputes arise, parents may feel lost or confused about how they should proceed. In such situations, seeking the assistance of outside experts can provide important insights and support to help ensure the child's best interests are not forgotten or neglected as the divorce and custody dispute play out. When going through a contested divorce and struggling to agree with your spouse about what kind of parenting arrangement is best for your child, a trained attorney can greatly assist you as you advance through proceedings and gauge whether the use of outside experts may be beneficial to the situation. Here are some of the most common outside experts in child custody disputes.
Determining Child Custody in Same-Sex Divorce Cases in Illinois
Child custody in same-sex divorce cases can be complex and emotionally difficult for all parties involved. With the evolving landscape of family law, understanding the factors that Courts consider when determining child custody arrangements is essential. By understanding the legal principles involved in determining child custody, and hiring a well-established attorney, parents can navigate the process more effectively and ensure the best interests of their children are prioritized.
At The Law Office of Nicholas W. Richardson, P.C., Attorney Richardson is a well-respected attorney with over 15 years of experience helping individuals and families navigate Illinois family law. Regardless of the complexity of your family law matter, clients can trust that Attorney Richardson will provide them with careful, compassionate advice that is tailored to their case.
Best Interests of the Child Are Most Important Factor
Regardless of the parent's sexual orientation, the primary consideration in child custody cases is the best interests of the child. Courts will evaluate various factors to determine what custody arrangement will promote the child's well-being and development. Often, these factors will include the child's relationship with each parent, how adjusted the child is to their home, school, and community, and any history of abuse or neglect.
Three Signs an Illinois Prenuptial Agreement is Right for You
Are you considering getting married in Illinois? Have you thought about the benefits of a prenuptial agreement? While it may not be the most romantic topic, prenuptial agreements can provide clarity and security for both parties if a divorce occurs sometime in the future. Here are three signs that a prenuptial agreement may be the right choice for you. A family law attorney in Illinois can help you create an agreement that meets your needs.
Consider a Prenuptial Agreement in the Following Scenarios:
-
Significant disparities in assets or debts – If you or your partner have substantial assets or debts before entering into the marriage, a prenuptial agreement can help protect these assets in case of a divorce. Illinois is an equitable distribution state when it comes to dividing property, which means the Court will divide the assets equitably and fairly, as opposed to equally. A prenuptial agreement can be an excellent tool for outlining how assets and debts will be divided, ensuring each party retains what they brought into the marriage.
Two Ways Addiction Issues Can Affect a Divorce in Illinois
Addiction is a complex issue that can have significant implications for divorce cases in Illinois. When one or both spouses struggle with addiction, the implications for the divorce process can result in very real consequences for important issues like child custody. If addictive behaviors are present in your marriage and you are seeking a divorce, contact a skilled Arlington Heights attorney to ensure your rights are adequately protected.
Does Addiction Have an Impact on Child Custody and Visitation?
One of the most significant ways addiction can impact a divorce is through child custody and visitation rights, known respectively as parental responsibilities and parenting time in Illinois. Illinois Judges care first and foremost about the well-being of children involved in divorce cases, and addictive behaviors can certainly make a parent unable to provide for their children's well-being.
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.