Posted on October 21,2024 in Child Support

Even after taking all of the necessary steps to ensure a child support order that accounts for all of your children’s needs, things can change. After all, it has been said the only constant thing in life is change. When your child’s needs or your financial situation has changed, you can request a review of your child support order to determine whether a modification is necessary. A judge will usually only find a modification necessary if they determine that a "substantial change in circumstances" has occurred. But what does that actually mean? Understanding what the court considers a substantial change in circumstances can help you determine whether or not you should request a modification to your child support order.

How Are Child Support Payments Set in Illinois? 

In Illinois, child support is calculated using an income shares model, which uses the combined income of both parents. The state's guidelines provide a formula based on the number of children and the parents' financial resources. Each parent's share of the child support obligation is determined by that parent's percentage of the combined income. Other factors, such as health insurance costs, childcare expenses, and the amount of time each parent spends with the child, may also influence the calculation. Illinois courts aim to ensure that the child receives the same proportion of parental income they would have if the parents were living together, with the goal of maintaining the child's standard of living.

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 Posted on October 17,2024 in Divorce

When a marriage ends, the decision to pursue a divorce is often filled with uncertainty and emotional difficulty. One of the initial questions that may arise is whether to file for divorce first or wait for the other spouse to take that step. This decision is more important than many people realize, as filing first can offer strategic advantages for legal positioning and financial protections. A skilled Illinois family law attorney can help you navigate this complex decision.

What Are the Legal Advantages of Filing for Divorce First?

Being the first to file for divorce can offer significant legal benefits, especially when it comes to deciding preferred terms for matters such as child custody, spousal support, and property division. Other possible advantages include: 

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 Posted on October 10,2024 in Social Media

Social media is an essential part of daily life for many people, but it can be a double-edged sword during a divorce. Every post, comment, or "like" can quickly become a liability and have serious legal consequences. That is why it is very important to understand how social media activity can impact your divorce proceedings. If you have questions about using social media during your separation, consulting with an Illinois divorce attorney can help you understand the state’s rules and regulations. 

How Can Social Media Activity Affect Divorce Outcomes?

Social media can significantly impact divorce proceedings because it can be used as evidence. Posts can reveal information about spending habits, parenting behaviors, or even infidelity. Any photos that show proof of expensive purchases, vacation trips, or inappropriate interactions can be used to challenge claims of financial hardship or parental fitness.

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 Posted on October 03,2024 in Child Custody

Suppose you have been with your spouse for more than ten years at the time of your divorce. When you married your wife, her daughter was only two years old, so you have essentially been the child’s father for a decade because her biological father was a chronic "no-show" during his allotted parenting time. You love the girl you think of as your daughter, yet at the time of the divorce, your soon-to-be ex tells you that since you are not her "real" father, you are not entitled to continue to be a part of the allocation of parental responsibilities.

Although Illinois law does see a stepparent as a significant parental influence in a child’s life, whether you will be allowed to continue to see the child depends largely on the wishes of the child’s parent. Under very limited circumstances, a stepparent could have the right to file for designation as the primary residential parent. Speaking to a knowledgeable St. Charles, IL parental responsibilities lawyer from Goostree Law Group should be your first step in determining what your rights are in this situation.

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 Posted on September 30,2024 in Division of Property

Divorce is a complicated process, especially when it comes to dividing property. Just like the rules of dividing property purchased during a marriage, the laws of dividing property acquired before a marriage may not always be clear. Understanding these nuances can help you protect your assets and prepare for future legal proceedings. To help ensure a fair outcome, an experienced Kane County attorney can guide you through the steps of dividing your property.

Is Property Acquired Before the Marriage Considered Separate?

In most cases, property owned by either spouse before the marriage is viewed as separate property. This means that the assets owned prior to the marriage generally remain with the original owner after a divorce. In Illinois, separate property includes items such as:

• Real estate purchased before the marriage

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 Posted on September 24,2024 in Divorce

No-fault divorce has played an important role in family law for many years. Instead of requiring spouses to convince the court that there are reasonable grounds to let them get divorced, a couple can say they have irreconcilable differences and start the process.  By enabling couples to end their marriages because they are not happy together, without needing to prove that anyone did something wrong to the other, the entire process of dissolving a marriage became smoother.

However, a movement in the country has been working to change that. This article will explore what it would mean if no-fault divorce came to an end in Illinois. If you have more questions about this, speak with a skilled St. Charles, IL divorce lawyer who can answer them.

What Does No-Fault Divorce Mean?

Some couples want to split up for specific reasons: If one spouse had an affair, developed a debilitating addiction, or was caught hiding money or otherwise acting dishonestly, most people would not blame the other spouse for wanting to end the marriage.

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 Posted on September 20,2024 in Adoption

Divorce is often a stressful experience to go through. As a couple navigates the division of assets and allocation of debts that is an important part of a divorce, you are probably wondering who will be responsible for paying for the credit card debt that your spouse amassed. A seasoned Kane County, IL debt division attorney can review your case and offer valuable guidance.

How Does Debt Division Work in Illinois?

Illinois follows a model of equitable distribution in divorce. That means that all the assets as well as debts that were acquired during a marriage are divided fairly, not necessarily equally, between the spouses. However, with debts as with assets, there is a differentiation between marital debt and separate debt.

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 Posted on September 17,2024 in Division of Property

With cryptocurrency becoming more popular, it is increasingly included in divorce proceedings. Since it is a relatively new asset category, it can raise interesting questions about equitable asset division in an Illinois divorce. If you or your spouse own cryptocurrency, speak with a qualified Kane County, IL divorce lawyer to understand how it could be divided in divorce.

Determining the Value of Cryptocurrency

The state of Illinois differentiates between marital property and separate property. Any savings, investments, property, and other assets you had when you entered the marriage are generally considered exclusively yours. On the other hand, anything either of you acquired during your marriage is generally defined as marital property and subject to an equitable division during divorce.

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 Posted on September 11,2024 in Order of Protection

When someone claims to be a victim of domestic violence, Illinois takes those claims seriously and responds swiftly. A restraining order, officially called an order of protection, can be issued against the person being accused, which might legally keep them out of their home without a solution for where they can spend the night. 

When accusations are especially severe, the court can even issue an emergency order of protection almost immediately, without a long court process and without giving the accused an opportunity to tell his side of the story. Unfortunately, this swift handling of cases meant to protect victims of domestic abuse can be exploited. 

If you are falsely accused of domestic violence and are being kept out of your own home and away from your children as the result of an emergency order of protection, speak with a knowledgeable Kane County, IL family law attorney who can guide you as you navigate this painful situation. 

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 Posted on September 05,2024 in Family Law

It has become somewhat common practice to sign a prenuptial agreement. Not everyone signs one, but almost everyone has heard of one. However, even though a prenup can have a serious impact on your financial future, some people sign it without truly wanting to. Maybe their future in-laws gave them an ultimatum to pressure them into signing it. Perhaps they lacked the knowledge to fully understand that they were signing a document their spouse’s family lawyer drew up that unfairly represented the spouse’s interests. 

If you signed a prenup that you did not want to, it might not have seemed like a big deal at the time because you were sure you would live happily ever after. Unfortunately, most people do not anticipate divorce when they are planning their wedding, and many people find themselves in divorce proceedings with a prenup that they were never comfortable with. If you fall under this category, speak with an experienced Kane County, IL divorce lawyer to review your options.

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