Tag Archives: Kane County family law attorney

Is It Time to Update Your Prenuptial Agreement?A prenuptial agreement is a useful document to have in the unfortunate event that you ever decide to divorce. With all of the turmoil in a divorce, it can be a relief to have some of the negotiation work already complete. However, a prenup should not be a static agreement that you do not examine unless a divorce occurs. Your financial means and needs have changed since your marriage began. At worst, you may discover that your agreement is obsolete once it comes time to use it. You should periodically check your prenuptial agreement during your marriage and update it if necessary.

Division of Property

A prenuptial agreement can list which items will be included in your division of marital property and who will receive them. Many of the properties listed in your original prenuptial agreement are nonmarital properties because you owned them before your marriage. When modifying your agreement you can:

  • Add major properties that you have accumulated since the start of your marriage;
  • Remove properties that you no longer own; and
  • Update the value of the properties that were already in the agreement.

For instance, it is common for a spouse’s business to increase in value since the time when they created the agreement. The division of property in the agreement may now be unbalanced because of that change in value. The spouses can renegotiate whether they will share ownership of the business if they divorce or agree to give the other spouse more properties as compensation.

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Receiving Retroactive Child Support PaymentsBoth legal parents have a financial obligation to support a child from the time it is born, even if one of the parents is not an active part of the child’s life. Child support is a common aspect of divorce but can be more difficult to establish when the parents were never married. A father can submit a Voluntary Acknowledgement of Paternity, or the mother may file a petition to establish paternity. In disputed paternity cases, the court can order the father to pay retroactive child support if it legally establishes his paternity. The retroactive payments could go back to the date of the initial court filing or the date of the child’s birth.

Reason for Retroactive Payments

Retroactive child support commonly starts on the date that the parent filed a petition to establish paternity or to establish child support. In most cases, the mother is the one who is attempting to force the father to take financial responsibility for their child, though a father could file a petition to establish child support from an absent mother. Illinois allows retroactive child support orders to prevent a parent from avoiding their financial obligation by prolonging the court case. A paternity case can take months to settle and can be extended with other legal actions, such as appeals.

How Far Back Can Payments Go?

Illinois law allows courts to extend retroactive child support payments to dates before a parent filed a petition. Courts have interpreted this as the authority to start the retroactive payments as earlier as the child’s birth. The law lists several factors that courts must consider when setting the start date for retroactive payments, including:

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Keys to Understanding, Enforcing Your Order of ProtectionOrders of protection exist to shield victims from their domestic abusers and help them establish independence. Escaping an abuser is not always as simple as leaving them. The victim may be worried about:

  • Where they will live;
  • How they can protect their children;
  • How they can support themselves; and
  • How they can prevent their abuser from retaliating against them.

An order of protection can solve these problems. The abuser can be required to leave the victim’s residence and stay away while the order is active. The children will stay with the victim and may have limited visits with the abuser if the court determines it to be safe. The court can require the abuser to pay child support and other expenses. However, an order of protection is effective only if it is being enforced. You must understand what your order can do and how you should respond if you suspect your abuser is violating the order.

Terms of the Order

Orders of protection in Illinois offer 17 remedies to be used against the alleged abuser, who is also called the respondent. The remedies include all of the benefits mentioned above, as well as others that may apply in specific situations. You must select the remedies you wish to use in the order. Overlooking a remedy could leave you vulnerable in ways that you are not expecting.

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Why a Prenuptial Agreement Is Worth the CostThere is a misconception amongst some newlyweds that a prenuptial agreement is not necessary unless you are rich. It is true that a prenuptial agreement is helpful when spouses have substantial assets. Those with fewer assets may believe that creating a prenuptial agreement is unnecessary or not worth the cost. However, you should not discount the benefits of having a prenuptial agreement, even if your premarital assets seem meager. In the event of a divorce, you may be thankful that you took the time to prepare one.

Need

People think of prenuptial agreements as a tool of the rich because they are most likely to hear about prenups in the media when celebrities get divorced. Owning valuable assets is only one reason to create a prenuptial agreement. Others include:

  • Identifying premarital assets;
  • Determining how to divide assets that may grow in value; and
  • Settling potential property disputes while you and your spouse have an amicable relationship.

It is common sense to want to know all of a person’s assets before you marry them. You should be suspicious if they refuse to divulge them. Some assets, such as a business, are likely to become more valuable in the future. If you created and are running the business, you may want to protect your ownership while also acknowledging that your spouse would deserve compensation for the value of your business. You could wait until a divorce to settle issues such as this, but your spouse may be less open to compromise during the divorce.

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Why Parental Alienation Is Controversial in Family LawWhen arguing over the allocation of parental responsibilities, one parent may accuse the other of creating parental alienation. The concept, which is sometimes called parental alienation syndrome, is that one parent is encouraging the children to not have a relationship with the other parent for reasons that are illogical or selfish. Parental alienation can be viewed as a form of child abuse, and some parents have used the claim to gain greater or complete responsibility for the children. However, parental alienation is a controversial subject because an abusive parent could use it to gain access to their children.

Potential for Abuse

The professional psychology community is divided on parental alienation syndrome, including:

  • Whether it is a psychological condition:
  • How it can be identified and proven; and
  • How prevalent it is in parenting relationships.

These doubts lead some to believe that parental alienation should not be a major consideration in family courts. Parental alienation has helped decide parental responsibilities in real cases. In some cases, allegedly abusive parents have gained full child custody by accusing the other parent of unreasonably withholding the children. Critics of parental alienation claim that abusive parents are taking advantage of the concept to control their children and punish their co-parents.

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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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