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IL familiy lawyerChild support payments are a major source of assistance for single parents. However, they can also represent a significant expense for the parent who is paying the child support. Illinois child support payments are calculated using a method that incorporates each parent’s financial instances. The payments are intended to be reasonably affordable while still providing the financial assistance the child needs. However, circumstances change and sometimes a parent needs to modify his or her child support order.

Child Support Modification

Every three years, the Illinois Department of Healthcare and Family Services Division of Child Support Services (DCSS) offers modification reviews to parents with child support orders. A modification review may also be granted if either parent’s financial circumstances have changed considerably, the current child support order does not address healthcare for the child, or either parent requests a modification review.

During a modification review, the DCSS evaluates each parent’s income, assets, and other relevant financial information and notes any increase or decrease in the child’s financial needs. Based on this information, the DCSS will determine if the child support order should be modified. The amount a parent pays in child support may increase, decrease, or stay the same. If a parent disagrees with the DCSS’s decision, he or she can request a reassessment or attend a hearing to contest the child support order.

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IL divorce lawyerOne of the most consequential aspects of divorce is property distribution. The division of assets and debts can range dramatically in complexity. Younger couples who own little property will have a much easier time dividing their property during divorce. Asset division will be much more complicated for couples who own complex assets including businesses and professional practices. If your spouse owns a business or has business interests, the value of the business will likely be factored into any decisions you make about property division. Therefore, it is important to understand your rights.

Is the Business Part of the Marital Estate?

In Illinois, property in a divorce is classified as either marital property or non-marital property. Nearly every asset obtained by a spouse during the marriage is marital property. Assets acquired by inheritance or gift are the main exceptions. Property acquired before the marriage is typically classified as non-marital property. Both spouses have a right to an equitable share of marital property. Only the spouse who originally owned a non-marital asset has a right to that asset during divorce.

Identifying whether a business is classified as marital or non-marital property can be quite complex. Even if a spouse started or purchased the business before the marriage, part of all of the business may still be considered marital property. For example, if the non-owning spouse made financial contributions to the business or helped care for children while the business owner worked, the non-owning spouse may be entitled to a share of the business’s value during divorce. If you or your spouse own a business and you are getting divorced, make sure to work with a divorce lawyer who has experience handling complex property division concerns. Your lawyer can help you understand your rights and explore your legal options.

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IL family lawyerMost people go into their marriage thinking it will be their one and only time down the aisle. Nobody plans to get a divorce, but statistics show that is exactly what happens to anywhere from 40 to 50 percent of couples who get married. For some people, divorce can come as a shock. However, divorce often does not just happen overnight; it takes months or even years of cumulative unhappiness and disharmony for most people to move toward getting a divorce. If you are unsure of whether or not it is time for a divorce, there are certain signs that you can look for that may mean a divorce is your best option.

Look for These Signs of Divorce

If you have been unhappy or distressed for some time, it may be time to look into how you can better your life and the lives of those around you. For many people who are unhappy with their marriages and have tried every effort to reconcile, a divorce may be the answer. If you are unsure of the right time for a divorce, here are a few of the most common signs that your marriage may be over:

  • You have more bad days than you do good days. Most of your interactions with your spouse should be positive. It is normal for you to fight or argue with your spouse on occasion, but when those fights happen more frequently than positive interactions, you may want to begin to contemplate the idea that your marriage is not going to last forever.
  • You are not content. Think about how you feel. Are you happy with your marriage and your partner? Are there things you wish you could change about your partner? If you are unhappy in your marriage, you do not have to be. You might be happier without this relationship in your life.
  • You do not respect one another. Strong relationships are built on love and respect. If you and your partner do not respect one another, you cannot have a healthy marriage. Couples who lose respect for one another are the same couples who argue or fight constantly and who may even experience physical and/or emotional abuse. If you have lost respect for your spouse, or your spouse has lost respect for you, divorce may be a potential remedy.
  • One (or both) of you has cheated. One of the obvious things that can point toward a divorce is infidelity. Seeking other companionship while you are married is not inherently bad, but doing so without the knowledge or consent of your spouse is when emotions are hurt and feelings of betrayal surface. If there has been infidelity in your marriage, it may be a sign that you and your spouse are no longer meant to be married.

Speak to Our West Chicago, IL Divorce Lawyers Today

There is no “right time” to get a divorce. This varies couple by couple and depends on a multitude of factors. If you feel unhappy or as if your marriage is not working, you should get in touch with a skilled Cook County divorce attorney to discuss your specific situation. At Hensley Sendek Law, LLC, we understand how difficult it can be to admit that you want a divorce, but we are here to help you through the process. To schedule a free consultation, call our office today at 630-358-9029.

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Cook County divorce attorney asset division

For some couples, the process of dividing marital assets during a divorce may not require much consideration. Families with only a few large assets, such as the marital home and family cars, can divide their marital property by allocating the family home to one spouse and giving the remaining large assets to the other. But what about families who have a bit more in the bank? The property division process requires additional consideration when the financial stakes are higher. Despite Illinois law requiring the equitable distribution of assets, many divorcing couples with a large portfolio of assets can, unfortunately, attempt to conceal a portion of their property and set it aside for themselves.

Understanding the Discovery Process

The discovery process may not always be necessary when it comes to divorce. This step in the divorce process involves both legal and financial professionals taking a deep dive into the details of your finances by requesting official documents that present proof of all of the marital assets. In other words, it is an investigation tied to your divorce that ensures that both spouses are being honest about their marital assets. For couples who have an amicable relationship and can easily divide their minimal number of large assets, requiring discovery may seem unnecessary, but for those with a large amount of high net-worth assets, these additional measures should always be taken.

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