Posted on June 15, 2023 in Child Support

In cases of divorce or separation, it is important to ensure children’s financial stability and welfare, and child support plays a critical role in this. In Illinois, the duration of child support payments is determined by state laws and depends on various factors. This blog post will delve into the Illinois guidelines and factors related to child support.

Establishing Child Support

When a court determines child support obligations, it considers several factors, such as the child’s needs, the income of both parents and the allocation of parental responsibilities. When determining child support in Illinois, both parents’ incomes are considered, known as the income shares model.

Duration of Child Support

Child support usually ends when the child turns 18 in Illinois.. However, some exceptions increase the length of child support.:

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 Posted on May 03, 2023 in Child Custody

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was enacted by the United States government in 1997. It has been adopted by all 50 states, as well as the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. The purpose of the law is to regulate interstate child custody disputes, providing a uniform set of rules that are applied in custody cases that involve parents living in different states. The law ensures that the best interest of the child doctrine if always prioritized.

Determining Jurisdiction

There are a number of scenarios that can arise in child custody (referred to as the allocation of parental responsibilities in Illinois) cases – either when parents go to court for the original order or later on if one or both parents are seeking a modification to the current order – where parents live in different states. Since each state sets its own specific child custody laws, parents living in different states could be problematic in trying to determine which state’s laws should apply.

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 Posted on April 14, 2023 in Divorce

At one time, when a couple divorced, it was almost a given that the husband would be ordered to pay the wife alimony, now commonly referred to as spousal maintenance or spousal support. Over the past several decades, as societal roles have changed and women have become financially independent, spousal support is much less common than it used to be. There are also divorces where the wife is ordered to pay the husband support.

Although it is not as common, there are circumstances where the court will order one spouse to pay the other support. The following is a brief overview of how spousal maintenance works in Illinois divorces.

Types of Spousal Support

The court will order spousal support payments based on the specific needs of the spouse who will be receiving the payments, as well as the income of the spouse who will be paying. In Illinois, there are five different types of spousal maintenance that the court could order:

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 Posted on March 16, 2023 in Divorce

While the overall rate of divorce has declined over the past several years, the rate of gray divorces has increased. Gray divorces are those that involve couples who are 50 years of age or older. Gray divorces have some unique issues that often need to be addressed that divorces involving younger spouses typically do not. One of those important issues is health insurance. What options does a person who has always been on their spouse’s health insurance have when they are divorcing later in life, especially given the high price of health insurance for older people and how might this issue affect negotiations when it comes to the division of assets?

Why You Need Health Insurance

Given the high prices of medical care, everyone should have health insurance. All it takes is one serious illness or injury and the person can be facing overwhelming medical debt that can have a significant impact on their finances and may even lead to the need to file for bankruptcy.

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 Posted on February 06, 2023 in Family Law

A prenup, also known as a premarital agreement or prenuptial agreement, is defined as an agreement between soon-to-be spouses. This agreement allows both parties to define their rights and obligations regarding assets in the event of a death or divorce. In the state of Illinois, a prenuptial agreement must be in writing and signed, with a sober and clear mindset, by both parties. 

In the case where a prenuptial agreement violates Illinois law due to fraud, coercion, lack of knowledge, or any unconscionable provisions, then the agreement is not enforceable. If you want to set up a prenuptial agreement, it is important to get advice from an experienced Illinois divorce attorney, with their help you protect your assets and negotiate a fair agreement for both parties. 

What Will a Prenuptial Agreement Cover?

Here are some things to expect to cover within a prenup: 

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 Posted on January 11, 2023 in Child Custody

What is a putative father? A putative father is someone believed to be the biological father of a child that was born out of wedlock. Because the couple is not married, legally the man is not the child’s father and the mother can put the child up for adoption without his permission. If the mother decides to keep the child, the man can choose to have no role in their life and therefore does not have to pay child support, but also is not allowed to have any say in how the mother chooses to raise the child. However, if the father decides he wants a say in the child's life or in the adoption process, some steps must be taken to legally become known as the child's father. 

Putative Father Registry 

The first step is to register with the Putative Father Registry. This must be done on time and if it is not, it could potentially cause the loss of parental rights altogether. When the child is born, hospitals offer Voluntary Acknowledgement of Paternity forms. However, if the father is not present at the birth he must register in the Putative Father Registry within thirty days of the child’s birth. The registration form will ask him to provide personal information such as his name, current address, social security number, and date of birth, as well as information about the mother and child. 

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 Posted on December 02, 2022 in Uncategorized

When a court in Illinois is considering a child custody case, the court’s goal is to issue a decision that is in the best interests of the child. The court will consider the parents’ wishes, each parent’s relationship with the child, the child’s wishes, and each parent’s health. Consequently, it is possible that a mental health concern could impact a child custody decision.

Mental Health and Custody Evaluations

Illinois Supreme Court Rules and the Illinois Marriage and Dissolution of Marriage Act both allow for three types of mental health evaluations during family law cases. 

Section 604.10(b) of the Illinois Marriage and Dissolution of Marriage Act states that a court can seek the advice of any professional to assist in determining a child’s best interests. An evaluator will be the court’s witness who should not be on either parent’s side. The court may appoint an evaluator when parents are unable to agree on the allocation of parental responsibilities. 

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 Posted on November 07, 2022 in Divorce

While many people were wondering how the COVID-19 pandemic had affected divorce rates, World Population Review found that about 50 percent of married couples divorce in the United States as of 2022, giving the country the sixth-highest divorce rate in the world while secondary marriages had a higher likelihood of ending in divorce with a 60 percent rate. National Center for Health Statistics data showed 38 percent more marriages despite a 12 percent decline nationally in the first year of the pandemic. 

A report a few years ago found that while divorce was becoming less common among younger adults, the so-called gray divorce was on the rise with divorce rates doubling since the 1990s for American adults 50 years of age and older. Among people 65 years of age and older, the divorce rate has nearly tripled since 1990, now reaching six people divorcing per 1,000 married persons.

Common Causes of Divorce

The pandemic certainly placed greater stress on couples and the amounts of time they had to spend with one another. Spouses quickly learned a number of things that can impact having happy marriages, and a number of people took to getting a divorce.

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 Posted on October 18, 2022 in Divorce

All married couples have disagreements. Most marriages involve a series of high and low points, but there may be a point at which one or both spouses feel that the marriage is no longer healthy or manageable. When you have reached a point where you feel that your marriage has reached insurmountable odds, filing for divorce is generally a quite reasonable and practical step to take. However, it does happen that some spouses will face significant challenges, file for divorce, and then reconcile and remain married.

You should know that in Illinois, divorce cases can be paused or withdrawn with relative ease should you and your spouse agree that divorce is no longer in your best interests. It is also true that some individuals will file for divorce while still uncertain about whether they should stay in the marriage, and then determine that following through with terminating the marriage is the best option - this is common in spousal abuse cases when the victim files. Whether you finalize your divorce or stay married, strong legal representation is key to protecting your interests. 

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 Posted on September 23, 2022 in Child Custody

The parenting plan that you and your spouse establish or that the court judicially establishes on your behalf, effectively has the force of law. A parenting time schedule is grounded in a formal court order. All parties are required to act in compliance with court orders and may face legal sanctions for noncompliance, including improper relocation. This force extends to any temporary orders that may have been placed during the time period in which the divorce is in process.

If your former spouse—or current spouse if your divorce has yet to be resolved—has removed your child from the local area without seeking permission from the court, they could be charged with contempt of court. If concealment of the child in violation of any court order lasts for a period of greater than 15 days, the offending parent has opened themself up to criminal abduction charges as well. Should you discern that the other parent has removed your child from the local area without a court order, it would be prudent to discuss your rights and potential enforcement actions with an attorney. 

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