Recent Blog Posts
What Does Child Support Include in Illinois?
Child support is designed to provide children with the necessary financial support to meet their needs and maintain their well-being, even when their parents are no longer living together. While many may assume child support only covers basic needs like food and shelter, Illinois law recognizes that raising a child involves a wide range of expenses, such as healthcare, education, and extracurricular activities.
By understanding what child support includes, parents can effectively navigate family law issues and provide for their children. An experienced Illinois family law attorney can guide you through child support matters and help protect the well-being of your children.
What Basic Expenses Does Child Support Cover?
At its core, child support is intended to provide for a child’s essential needs. Under Illinois' Income Shares Model, child support is calculated based on both parents' incomes to determine an appropriate amount for necessities, including:
Should You File Taxes Jointly or Separately During Divorce?
Filing taxes is a complex process that can become even more complicated during a divorce. Deciding whether to file jointly or separately is a critical factor that can have a significant impact on your finances. To make an informed decision, it is important to understand how IRS rules and state laws affect your tax filing status. An experienced Kane County, IL divorce attorney can provide guidance throughout this process to help ensure your financial and legal interests are protected.
What Does It Mean to File Taxes Jointly or Separately?
When you jointly file taxes, both spouses combine their income, deductions, and credits into a single tax return. This option is available if you are still legally married as of December 31 of the tax year.
How Do Illinois Courts Enforce Divorce Orders?
Divorce agreements are designed to provide clear rules for parenting time, financial support, and other post-divorce arrangements. However, disputes may arise when an ex-spouse does not follow these court orders. Whether you are dealing with unpaid spousal support or denied visitation, understanding your legal options can help you effectively resolve the issue. An Illinois family law attorney can help you enforce court orders and protect your rights.
How Can You Enforce a Court Order in Illinois?
The legal system offers tactics to enforce compliance, with steps such as:
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Documenting the Violation: Keep records of missed payments, denied visitation dates, and other violations, as well as emails, texts, or other communications that can serve as evidence.
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Filing a Petition for Enforcement: This petition asks the court to enforce the order and may also include a demand for payment or schedule adjustments.
Will An Illinois Divorce Affect My Business?
For business owners, protecting the future of their business is a critical personal matter. It represents years of hard work, sacrifices, and financial investments. However, during a divorce, the business could be considered a marital asset and may be subject to division.
Whether a business is split or remains untouched can depend on factors such as when the business was established, each spouse’s role in it, and any existing protections. If you are concerned about what will happen to your business during your divorce, an Illinois family law attorney can offer personalized guidance to help you secure your hard-earned assets.
What Determines Whether a Business Is a Marital Asset?
In Illinois, marital property is any asset acquired by either spouse during a marriage, regardless of who holds the title. As a result, these assets are subject to equitable distribution in the event of a divorce. There are important distinctions to note when determining marital property:
What if My Ex Refuses to Follow the Divorce Agreement?
After a long and stressful divorce process, reaching a divorce agreement can feel like a huge relief. However, issues may occur if one spouse fails to comply with the terms of the agreement, leaving the other with financial, legal, or emotional frustrations. If your ex-spouse is not following your divorce decree, there are several legal steps you can take to address the situation. A skilled Illinois family law attorney can help you enforce your divorce agreement and pursue options to protect your rights.
What Can You Do if Your Ex Refuses to Pay Child or Spousal Support?
When an ex-spouse fails to pay child or spousal support according to the divorce agreement, state laws provide several enforcement options, such as:
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Income Withholding Orders: The court can issue an income withholding order, which requires the ex-spouse's employer to remove support payments directly from their wages.
Will Divorce Impact My Retirement Income in Illinois?
Divorce is never simple, but for people aged 50 or older who are ending a marriage, the challenges can be incredibly complex. Also known as "gray divorce", one of the most pressing concerns in these later-in-life divorces is the impact on retirement income. Decades of shared finances, long-term investments, and retirement planning now need to be carefully untangled. The stakes are high for those nearing or already in retirement, as a reduced retirement income can affect quality of life, healthcare options, and even the ability to maintain independence. An experienced Illinois divorce attorney can help ensure that your retirement income is accurately assessed and divided to create a stable post-divorce future.
How Are Pensions Divided in a Gray Divorce?
In Illinois, pensions earned during a marriage are considered marital property and are subject to division in divorce. State laws follow an equitable distribution approach, meaning that retirement assets are divided fairly, but not necessarily equally. Factors like the length of the marriage, each spouse’s financial needs, and future earning ability are all considered.
How Stay-at-Home Parents Can Protect Finances in Divorce
Going through a divorce can be overwhelming, especially for stay-at-home parents who may not have had the same financial independence as their spouse. Without the security of a regular income or recent work experience, stay-at-home parents may feel particularly vulnerable as they face the uncertainties of life after divorce. This is why it is essential for stay-at-home parents to take proactive steps to protect their financial future. If you are a stay-at-home parent dealing with this significant life transition, an experienced Illinois divorce attorney can help you navigate these legal and economic challenges.
What Are Your Spousal Maintenance Rights in Illinois?
Spousal maintenance, previously referred to as alimony, is a key consideration for stay-at-home parents who have sacrificed their earning potential to care for children or manage the household. In Illinois, spousal maintenance is determined based on several factors, including the length of the marriage, the financial needs of each spouse, and the standard of living established during the relationship.
Do Children Have a Say in Illinois Custody Decisions?
In custody disputes, the question of whether a child can choose where to live may arise, which can be an emotional and complicated issue for parents. Many wonder if their child’s voice matters in court and, if so, how much influence their preferences hold in the eyes of the law. While children’s wishes are considered in Illinois custody cases, they are only part of a broader picture that focuses on the child’s best interests.
Understanding how a child’s choice fits into a custody decision can help parents navigate these challenging times. A knowledgeable Illinois family law attorney can offer the support you need to advocate for a custody arrangement that meets your child’s best interests.
At What Age Can a Child's Choice Influence Custody?
In Illinois, there is no specific age at which a child is automatically granted the right to choose where they want to live. The courts tend to give more weight to a child’s preferences as he or she matures. However, it is important to note that even with older children, the court will not base its decision solely on their wishes. This assessment is generally made on a case-by-case basis, considering each child’s age, maturity level, and understanding of the custody process.
Can Paternity Be Disputed After Birth in Illinois?
Paternity is an important legal matter that determines a child’s biological father. While many paternity issues are resolved during pregnancy or shortly after birth, situations arise where a parent may want to dispute paternity well after a child has been born. To navigate this complex issue, it is essential for parents to understand the legal steps involved in disputing paternity. An experienced Illinois family law attorney can help guide you through the process and represent your best interests in court.
What Are the Reasons for Disputing Paternity?
Several reasons may lead someone to dispute paternity after birth. Common situations include:
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The presumed father discovers new evidence suggesting he is not the biological father.
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Genetic testing reveals that another man may be the biological father.
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A mother believes someone else is the child’s biological father but needs legal confirmation.
How To Deal with Parental Alienation in Illinois Custody Cases
Parental alienation is a painful and complicated issue that can arise during custody disputes when one parent intentionally harms the child’s relationship with the other parent. It can involve bad-mouthing, blaming, or even preventing communication between the child and the other parent. The alienating parent’s goal is typically to damage the relationship between the child and the targeted parent in order to influence custody arrangements. If you suspect parental alienation is happening with your child, an Illinois family law attorney can guide you through the legal process while protecting your rights.
What Are the Signs of Parental Alienation?
Parental alienation can be subtle or overt, but it can seriously affect a child’s emotional and mental health. It is important to watch for common warning signs, including:
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The child expressing unjustified anger or fear toward one parent