Category Archives: Divorce

Child Support Variables That You Will DecideDivorcing parents in Illinois do not negotiate child support payments in the same way they may negotiate spousal maintenance. With spousal maintenance, you may need to decide whether payments are necessary and how long they should last. With child support, those issues are predetermined. Child support is mandatory and will last until all of your children have turned 18 or graduated from high school. The formula for calculating child support is also set because the income shares table will tell you the base child support obligation that you share. However, there are still factors regarding child support that you can control.

Establishing Your Income

When calculating child support payments, parents may disagree on their respective incomes. Your income level affects the total child support obligation between the two of you and how much of that obligation you will pay. You need to accurately report your income while making sure that your spouse is not underreporting their income. Your spouse may accuse you of misrepresenting your income. If you cannot agree on each other’s incomes, a divorce court will examine your case and decide for you.

Division of Parenting Time

The child support formula changes if you have what Illinois classifies as a shared parenting arrangement, which is each parent having at least 146 nights with the children. This is a 60-40 division of parenting time. The revised formula increases the overall child support obligation but expects both parents to pay for most of their own child-related expenses. As a result, the child support payments between parents are less than with parents who do not meet the requirements for a shared parenting arrangement.

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Avoiding an Addiction Relapse During Your DivorceAddiction comes in many forms, whether it involves alcohol, drugs, sex or other excessive behavior. People dealing with addiction can become abusive towards the ones they love and betray their trust. It is commendable if you have recovered from an addiction, but your spouse does not have to forgive you for your past actions. You may end up divorcing despite your efforts to improve yourself. While this may be a devastating turn of events, you cannot let yourself relapse into your addiction.

Addiction and Divorce

Your marriage and your family may have been your primary motivations during your recovery. You want to be someone that your spouse and children can rely on, and that idea gave you the strength to seek help and change yourself. The divorce takes away your spouse as a pillar of support. It is also possible that the divorce court will view your history of addiction as a potential danger to your children, which could affect the allocation of parental responsibilities. Divorce is a stressful and sometimes frightening process for anyone. You may be tempted to return to your addiction because it feels comfortable and will take your mind off your anxiety. A relapse would be disastrous for yourself and your divorce. It would likely limit your parenting time with your children and distract you from what you need to accomplish in your divorce.

Preventing Relapse

You should realize the risk of relapse during your divorce and take steps to protect your health:

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How Apps Can Help You with Co-ParentingWith the popularity of smartphone applications, it is no surprise that there are several apps related to divorce. Among these, co-parenting apps seem to be the most common. There are apps that help you create a parenting schedule, communicate with your co-parent and even make child support payments. Many apps will require you to pay a subscription fee to use their most advanced tools, and you should thoroughly research an app before you decide to rely on it for your co-parenting needs. There are several ways that a co-parenting app can be useful to a modern, two-household family:

  1. Organization: Most co-parenting apps have a shared calendar feature. You could also use a basic calendar application that will not require any fees. A calendar app records your parenting schedule and can give automated reminders about when you are supposed to pick up and drop off your children. More advanced apps allow you to track and share child-related expenses, which is a helpful record when calculating child support payments.
  2. Communication with Your Co-Parent: For some people, talking to their co-parent through an app is less stressful than a phone call. Some apps are designed to help co-parents communicate with each other in an organized setting. A message through an app is less intrusive than a text message and easier to notice than an email. You may not be expecting an email from your co-parent but will know to check the app for messages. Some apps scan your messages for emotionally charged language and warn you before you send the message.
  3. Communication with Children: Your children need to know when they are scheduled to be with each parent, as well as have a safe forum to communicate with their parents. You may need to tell your child that you are running a little late, or your child may need to tell you about a change in their school or social schedule. You can communicate with your children through normal texting and phone calls, but using an app can help you both stay organized. An app also helps you separate your messages to them about your parenting schedule from messages that are purely social.

Contact a Kane County Divorce Lawyer

Apps can be useful tools during and after a divorce but are not a replacement for an experienced divorce lawyer. A St. Charles, Illinois, divorce attorney at Goostree Law Group can help you create your parenting plan and advise you when changes are necessary. Schedule a free consultation by calling 630-584-4800.

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When to Appeal a Divorce or Family Law RulingAn unfavorable ruling in a divorce or family law court is not always the end of your case. You have the right to appeal a circuit court ruling in hopes of overturning it. You have 30 days to file a notice of appeal, in which you will explain why you believe the court’s decision should be reversed or remanded. An appellate court may reverse a lower court’s decision if:

  • The decision went against the manifest weight of evidence;
  • The court misinterpreted or misapplied the law; or
  • The trial was conducted in an unfair manner.

Appeals of divorce or family law cases are less common than with criminal cases, in which the appellant may be trying to avoid prison time. Appellate courts tend to trust the judgment of lower courts unless there is an egregious error. However, an appeal may be worth your time if you believe you have a strong argument.

Parental Responsibilities

Illinois law instructs courts to divide parenting time based on what is in the best interest of the children. If you file an appeal to obtain more parenting time, you will need to explain why the original ruling is not best for your children. You may argue that the lower court did not give proper weight to factors that show that your children would benefit by spending more time with you, such as:

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Should Divorcees Go Back to School?August is back-to-school time for children – as well as for some adults. If you have recently divorced, it may be imperative that you find a job that will allow you to support yourself. You may be required to do so if you are receiving spousal maintenance. Continuing education can help you start a new career or qualify for better-paying positions in your current career. However, it is also an investment of time and money that may not be worth it in some cases. Before starting on the path towards a degree or certification, you should consider your options.

Is College Necessary?

Taking college classes is expensive. Even being a part-time student at a community college can cost thousands of dollars per semester. You should explore whether you qualify for financial aid or scholarships. A court can include job training and continuing education expenses when awarding spousal maintenance. Before looking into payment options, you should evaluate whether attending college will improve your chances of getting a new job. You can ask a career counselor whether there are alternative ways to improve your skills and make yourself a better candidate.

Finding the Right Fit

If it has been years or decades since you attended school, going back will be a new experience. Most adults need to fit their school schedule around their work and family schedules. Colleges offer flexibility through classes scheduled on evenings and weekends and available online. When deciding between available colleges, you should ask yourself:

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Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174

 630-584-4800

 1770 Park Street, Suite 205
Naperville IL 60563

 630-364-4046

 400 S. County Farm Road, Suite 300
Wheaton, IL 60187

 630-407-1777

Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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