Posted on May 19, 2022 in Child Support

Child support is an important form of financial assistance for parents in Illinois. Payments are based on both parents’ net income, and often paid on a monthly basis. The parent with the majority of parenting time, formerly called the custodial parent, receives child support from the parent with less parenting time. If the parents each have at least 40 percent of the parenting time, the child support obligation is reduced accordingly.

Usually, child support ends when a child turns 18 and graduates high school or graduates from college. However, what happens if a child is emancipated?

Emancipation of a Child in Illinois

The Emancipation of Minors Act was passed in 1980. It allows individuals to become either partially or fully independent from their parents. Emancipation automatically occurs when a child turns 18 and becomes an adult. However, a special emancipation order can expedite the process and allow a 16 or 17-year-old to be emancipated. To become emancipated, teenagers must show that they are mature enough to handle their own affairs. They must also demonstrate that they have already been living partially or completely separate from their parents or guardians.

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 Posted on May 19, 2022 in Divorce

If you were recently married, but you regret it, you may be interested in getting the marriage annulled. Annulment is commonly portrayed in movies and television shows as a quick fix for couples wanting to end their marriage. However, annulment is more complicated than movies would lead you to believe. Annulments are only available in a narrow range of circumstances in Illinois. Couples who do not meet annulment criteria will need to end their marriages through divorce.

Annulment Criteria in Illinois

Many people assume that annulment is the same thing as divorce. However, these are completely different legal actions. An annulment declares a marriage invalid and makes it as if the marriage never happened. Divorce terminates a valid marriage.

Annulment is warranted under the following conditions:

• Lack of consent – Spouses must be of sound mind and enter the marriage consensually. If either spouse was under the influence of alcohol or drugs or experienced a mental health problem that prevented them from consenting to the marriage, the marriage may be invalid.

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 Posted on May 13, 2022 in Divorce

Divorce often follows months, years, or decades of marital breakdown. By the time a couple files for divorce, they may have pent-up resentment, anger, and hurt, making it nearly impossible for them to interact amicably. Some divorcing spouses can hardly stand to be in the same room together.

Sharing a home with your spouse during divorce can be miserable for both parties. It is also hard for children to live in a home filled with animosity. Consequently, many spouses wonder if they can force their spouse to move out or have their spouse evicted.

Motion for Exclusive Possession of the Marital Home

Living with your spouse during the divorce process can be impractical and even harmful. However, some spouses refuse to move out even if they know it is best for everyone involved. If you are getting divorced and your spouse refuses to leave your shared home, you may be able to file a motion for temporary exclusive possession of the marital residence.

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 Posted on May 13, 2022 in Divorce

Finances are often a key factor in divorce and family law disputes. For the court to make a determination about the division of assets and debts, child support, and other issues, the court needs accurate financial information from both parties. Unfortunately, not everyone is as forthcoming about financial information as they should be. Some people disclose only partial financial information or actively hide assets and income during family law cases to gain an unfair advantage.

If you are involved in a divorce, child support case, or another family law matter and you suspect that another party is lying about income, contact a family law attorney for help. Attorneys have various means of finding undisclosed income and hidden assets so any determination is based on factual financial information.

How People Hide Income in Family Law Cases

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 Posted on May 11, 2022 in Divorce

Marriages end for countless reasons. Some gradually break down over the course of years or decades. Other marriages end abruptly because a spouse has an affair or violates the other spouse’s trust. Sometimes, spouses simply fall out of love. If your marriage has reached the point of no return and divorce is imminent, there are things you can do now to make the divorce process easier.

Preparing for Divorce Can Help Make the Process Go More Smoothly

Divorce is a difficult process to go through, but preparing in advance can help you ready yourself to tackle divorce issues like property division, spousal maintenance, and child-related matters.

If you know that your marriage is beyond saving and you will soon divorce, here are six steps you can take to prepare yourself, your family, and your finances.

• Gather financial documents – Most divorce issues revolve around money and property. One of the best things you can do to prepare for divorce is to find and organize financial documents such as paystubs, tax returns, mortgage documents, vehicle titles, and credit card statements. Make copies of these documents as they will be needed later in the process.

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 Posted on May 09, 2022 in Family Law

Child support used to be calculated solely based on the obligor’s net income and the number of children being supported. For example, a parent supporting one child paid 20 percent of his or her income in child support and a parent with two children put 28 percent of his or her income toward child support. However, Illinois has since modernized the child support calculation method to include the income of the both parents.

Typically, a parent’s actual income is used to calculate child support. However, there are situations in which the court may use a parent’s “imputed income” to determine the child support obligation.

What is Imputed Income?

The majority of child support orders are calculated using the parents’ actual income. The amount that a parent pays is based on his or her share of the parents’ combined income. If one parent makes $30,000 a year and the other parent makes $70,000 a year, the parents have an annual combined income of $100,000. The parent who makes $30,000 would be responsible for 30 percent of the basic support obligation. However, if the court feels that a parent is intentionally earning less than he or she is capable of earning, the court may use the parent’s imputed income instead of his or her actual income.

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 Posted on May 04, 2022 in Family Law

As you may already know, Illinois laws are frequently updated and modified. Some of the biggest changes to Illinois divorce and family law took place in 2016. The language used to describe child custody matters was just the start of the changes. Legislators also modernized the way courts handled child custody and divorce issues, prioritizing the involvement of both parents in a child's life.

If you are getting divorced or are unmarred and share a child with an ex, you may have questions about how to get sole custody. How does sole custody work? Can a father get sole custody? Are mothers granted sole custody by default? These are complicated questions, and the answers vary case by case. The best way to get advice specific to your situation is to work with a skilled family law attorney. Read on to learn more about how Illinois law currently handles custody matters.

Sole Custody Versus Joint Custody in Illinois

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 Posted on April 27, 2022 in Family Law

Being a parent is hard regardless of your marital status. But co-parenting kids with an ex comes with additional challenges. If you are planning to divorce or you are an unmarried parent sharing custody of your kids with an ex, you may already have experienced some of these difficulties. Parents may disagree about parenting time schedules, their child's education or participation in extracurricular activities, healthcare, and much more.

Every co-parenting relationship is bound to experience problems, but there are steps you can take to lessen co-parenting disagreements.  

Disagreements About Child-Related Issues

Parents often have strong opinions about what is best for their children. When parents disagree on what is in their child's best interests, the situation can quickly devolve into an argument.

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 Posted on April 26, 2022 in Divorce

When a marriage breaks down, it can be hard to know what to do. Getting divorced is an irreversible action that will likely influence both spouses’ lives profoundly. Spouses contemplating divorce may be hesitant to file for divorce if they are not completely sure it is the right choice. The situation becomes more complicated if a spouse is involved in an unhappy marriage, but religion, culture, or personal beliefs prohibit divorce. Legal separation is an alternative to divorce you may want to explore if you are in a situation like this.

Legal Separation in Illinois

It is important to note that being legally separated involves much more than simply living in different homes. You and your spouse may decide to separate physically to provide some space while you decide what to do next. However, if you want to get legally separated, you will need to file a Petition for Legal Separation and address many of the same concerns that you would address during divorce. During the legal separation process, you will need to address:

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 Posted on April 25, 2022 in Family Law

Domestic violence victims in Illinois have the option to get an order of protection to protect themselves, their children, and their property. A protection order is often the first step in leaving an abusive marriage or relationship. Protection orders can also provide legal protection if the abuse is at the hands of an ex-romantic partner, current or former household member, or family member. Unfortunately, many domestic violence victims are unaware of their rights and options under Illinois law. This leads them to suffer in silence and without the legal protection they need. Read on to learn about protection order hearings and what you can do if you are ready to get a protection order for yourself or a loved one.

Emergency Protection Orders May Be "Ex Parte" Orders

The first step in seeking legal protection against an abusive or harassing individual is an Emergency Order of Protection (EOP). In Illinois, EOPs are offered on an "ex parte" basis which means that the respondent (the subject of the order) does not need to be present. You can get an EOP from the court based solely on your testimony. The abuser’s presence is not required. Often, domestic violence victims are able to get an EOP on the same day on which they requested it.

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