Posted on April 29, 2025 in Child Support

Child support in Illinois is designed to ensure that both parents contribute financially to their child’s well-being, regardless of how much time the child spends with each parent. But what happens when the parent receiving support starts earning more money than the parent paying it? Can you stop paying child support in that situation?

The short answer is no — not automatically. However, you may be able to request a modification of your support obligation. Contact our Winfield, IL child support lawyer to learn more. 

How Is Child Support Calculated in Illinois?

Illinois uses an "income shares" model to calculate child support. This method uses the combined income of both parents, the number of children, and the amount of parenting time each parent has. The goal is to provide the child with the same proportion of financial support the child would have received if the parents still lived together.

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 Posted on March 20, 2025 in Divorce

Divorce can be an emotionally taxing process, but for some, it is also a chance for a fresh start. Whether you are sure you are ready to remarry a new partner or are considering reconciling with your former spouse, you may be wondering: Can you get married immediately after your divorce is finalized? Our Illinois family law attorney explains.

Is There a Waiting Period for Remarriage in Illinois?

Unlike some states that have a waiting period before a divorced person can remarry, Illinois has no such restriction. Once the judge signs your final divorce decree and the court enters the judgment, you are legally free to marry again. However, while the law may allow for a quick remarriage, there are personal and practical considerations to keep in mind.

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 Posted on February 13, 2025 in Divorce

If your divorce is amicable, you have an advantage over most other divorcing spouses. It is normally much easier to create a divorce agreement out of court when you and your spouse are still friendly with one another. People who married young and grew apart, as well as spouses who get divorced promptly when they realize they are incompatible instead of allowing resentment to grow often have amicable divorces. However, just because your divorce is amicable does not mean that it will always be easy. An amicable divorce can bring a different set of challenges. You should be represented by a skilled DuPage County, IL divorce attorney throughout the proceedings no matter how friendly you expect your divorce to be. A divorce that is amicable in the beginning can become more contentious as time goes on.

Following Temporary Parenting Plans and Court Orders 

Most divorcing spouses will have temporary court orders or agreements regarding things like parenting time and possession of the family home while their divorce is ongoing. When you and your spouse are on good terms, it might seem like it would be fine to occasionally go against your temporary agreements as long as you both approve the change. While allowing some flexibility when there are extenuating circumstances can be a positive thing, you also do not want to set a precedent of ignoring the rules you both agreed to. Abiding by the terms of your divorce agreements can encourage an ongoing harmonious relationship.

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 Posted on January 08, 2025 in Child Custody

In Illinois, all child custody laws are designed to protect children’s best interests. The law recognizes that sometimes, what is in a child’s best interest changes after a parenting plan is established. Parents often change after a divorce or breakup. A parent who knew very little about childcare may rise to the occasion of becoming a single co-parent, or a parent who was her child’s primary caregiver might lapse into substance abuse following a divorce. Finding out that your child’s other parent has been arrested can be terrifying, especially if your children were with him at the time. Depending on the circumstances, your co-parent’s arrest may be significant enough to warrant a change to your parenting plan. An experienced DuPage County child custody modifications lawyer can help guide you.

New Criminal Charges Reflect a Change in Circumstances

To request a modification to your established parenting plan, you would need to show that there has been a substantial change in circumstances. One parent facing new criminal charges is likely enough to show that the circumstances have changed. There is a new risk of the parent going to jail or having DCFS involved. There may be a new risk of harm to the child, depending on what the charges were for.

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 Posted on December 15, 2024 in Divorce

When you are involved in a high-conflict divorce, the divorce is probably taking up a lot of your time, energy, and attention. Divorce litigation - or even contentious and prolonged negotiations - can be draining and highly stressful. Meeting your children’s emotional needs during this time can be challenging. Having to work with your spouse to co-parent might be making matters worse. Seeing the level of conflict between you can be difficult for your children, who may, in turn, act out. This can cause even more conflict between parents, creating an awful cycle for everyone involved. It is important for both parties to work towards putting the children first and establishing a new, different relationship as co-parents. A DuPage County, IL high-conflict divorce lawyer can fight for you in court while you focus on adapting to a new way of parenting.

Consider Using a Co-Parenting App

Co-parenting apps can be beneficial if you and your spouse are struggling to remain civil and focused on your children when you have to communicate. A co-parenting app can allow you to share important information and updates about your children without needing to talk to each other. Some apps offer moderated communication, which blocks messages that are deemed uncivil or inappropriate.

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 Posted on November 19, 2024 in Child Custody

When you have a child custody order or agreement, you should be able to rely on your co-parent to follow it. If it is your turn to spend time with the children and your spouse does not show up, you might be left wondering what to do. Depending on the situation, you may initially assume that your co-parent has lost track of time and forgotten that there was supposed to be a custody handoff that day, or you may be very worried immediately. When you realize that your co-parent is not coming and is not answering his phone, you may become worried enough to call the police. If your co-parent has concealed your children from you without a court order, you need an experienced DuPage County, IL child custody attorney to help you change your parenting plan.

Understanding What Parental Kidnapping Is 

Parental abduction is when one parent knowingly conceals the children from the other parent for at least 15 days without making reasonable efforts to notify the other parent. It can be frustrating for parents to wait 15 days without seeing their children to find out whether the police will treat the situation as a parental kidnapping. If your co-parent is giving you updates on where he or she is with the children during that time, your case might not be considered an abduction. However, if your co-parent has taken the children and fled with no plans to return them, he or she has likely committed parental abduction.

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 Posted on October 24, 2024 in Divorce

As more and more older couples are choosing to end long-term marriages, a term has been coined to describe this trend – gray divorce. Those who divorce at the age of 50 or older are a part of this gray divorce trend. Research shows that baby boomers born between 1946 and 1964 are now divorcing more than any other generation.

When divorce rates from 1990 to 2021 are looked at, the divorce rates for those younger than 45 actually dropped, while the divorce rate for those over the age of 45 significantly increased. This increase was even greater among those who are 65 and older, tripling from 1990 to 2021. As the youngest baby boomers are approaching 60, and the oldest are looking at 80, the gray divorce trend does not show signs of slowing.

Unfortunately, women involved in a gray divorce appear to experience a greater negative financial outcome than men. If you are in a long-term marriage and are considering divorce, it can be beneficial to speak to an experienced Wheaton, IL divorce attorney from Hensley Sendek Law.

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 Posted on September 24, 2024 in Child Custody

When there has been an acrimonious divorce and a contentious allocation of parental responsibilities, the parent with parenting time (formerly known as visitation) might decide to take the child and leave the state – or even the country. If you are the primary residential parent and your ex has not shown up with your child after his or her parenting time, you may understandably be anxious and frightened. Even when it is done by a parent, child abduction is illegal as well as harmful to the child.

If you suspect your ex may be leaving the country, this site has many resources. If you believe your child has been abducted by his or her other parent, call the local police as soon as possible. The quicker the police begin looking, the more likely they are to find your child before he or she is out of the state or country. Your next call should be to your Warrenville, IL parental responsibilities lawyer. When you choose Hensley Sendek Law, you will have an attorney with a deep understanding of Illinois laws and the issues surrounding the parental abduction of a child.

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 Posted on August 09, 2024 in Divorce

Divorce is often thought of as an ugly process. Anger and hostility often surface in high-conflict divorces, especially if the spouses engage in litigation. Fighting a court battle is costly, time-consuming, and almost certain to increase tension. Unfortunately, that tension often does not limit itself to the spouses and can have a spillover effect on their children.

However, there are steps you can take to ease the discomfort of divorce. One way is to hire an experienced Illinois divorce attorney who can guide you away from the legal pitfalls that many divorcing couples experience. Another popular way is by attending mediation, which can help relieve not only the couple’s mental and emotional strain but also that of their children.

Read on to find out more about mediation and ways it can benefit children.

What Is Mediation?

Mediation is a form of alternative dispute resolution, which means resolving a disagreement outside of court. It is so effective in helping couples reach divorce settlements that courts often order spouses to attend mediation right after they file for divorce.

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 Posted on July 30, 2024 in Divorce

Deciding who gets the house can be one of the most difficult parts of a divorce settlement. In Illinois, where state laws follow an equitable distribution model, several factors are considered to ensure that the marital assets are divided fairly. Below is an overview of how couples typically decide who keeps the house in a divorce. If you are considering divorce but are not sure how you will make this decision, speak with a seasoned Naperville, IL divorce lawyer to discuss further.

Equitable Distribution?

In Illinois courts, marital property - which includes the family home - is divided equitably rather than equally in a divorce. Various factors are considered in an effort to reach a division of assets that is fair, rather than equal. The goal is to achieve a fair allocation based on the circumstances of the marriage and the needs of each spouse.

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