Posted on August 01, 2019 in Order of Protection

Orders 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.

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 Posted on July 31, 2019 in Family Law

One thing that is addressed in all divorce cases involving children is child support. Illinois believes that both parents have a responsibility to financially contribute to the cost of raising a child. Because of this, child support is not just the responsibility of one parent, but rather, an obligation for both. In the state of Illinois, child support is provided to the main caregiver by the child’s other parent until the child is 18 years old or graduates from high school, whichever comes later. Both parents are responsible for what is called the "basic child support obligation." Each parent’s share of that obligation is determined using a formula that takes into account the incomes of each parent in addition to their parenting time.

Life is not always predictable and can throw curve balls when we least expect it. It is not uncommon for a parent to become unable to handle their current support payments; however, they are legally required to pay them unless their arrangement gets legally modified. In the instance where you believe that your support payments should be modified, you can petition the court to make this change. Before you do that, you must be able to prove that there has been a "significant change in circumstances." 

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 Posted on July 30, 2019 in Child Custody

For some, relocation can be a necessary step after divorce. There are many reasons why divorcees would want to move after the divorce is finalized. Some wish to be closer to family members, while others move for a new job. Regardless of the reason, a parent must have primary or equal custody of the child in order to submit a relocation request. In Illinois, relocation includes any move that is at least 25 miles from the child’s current home for those that live in Will, Cook, DuPage, Kane, Lake or McHenry County or moves outside of Illinois state borders. If the child lives in a different county than those listed above, relocation boundaries increase to 50 miles from the current residence to any other part of Illinois. Moving with your child can be stressful, especially if your ex-spouse does not approve of the relocation.

Notice of Relocation

Before you are able to do anything, you must provide your former spouse with notice that you intend to relocate with your child. In the notice, you must include the date of your intended relocation, your new address, and whether or not the relocation is permanent. If the other parent signs the notice, it can be filed with the clerk of the circuit court, and if the judge agrees that the proposed move is in the child's best interests, the parenting plan will be modified. If the other parent does not agree to the relocation, the parent seeking to move must file a petition with the court requesting to relocate.

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 Posted on July 29, 2019 in Divorce

We live in a do-it-yourself culture where people try to save money by performing complex tasks on their own – whether it is doing your own home repairs or completing your own divorce. In both cases, you may think that you can avoid the biggest expense by not hiring a professional to do the job for you. With a divorce, you see a wealth of online divorce resources and sites that proclaim the benefits of DIY divorce. Why pay a divorce attorney when the internet has all the information you need to file your own divorce? The answer is that a DIY divorce can be costly in its own way. Some of the costs are immediate, but it may take years for you to realize the long-term costs.

Immediate Costs

A DIY divorce is not divorcing without a lawyer. You are essentially serving as your own lawyer for the divorce. Unlike a divorce lawyer, you likely do not have previous experience with divorce law. Before starting a DIY divorce, you should understand that you are responsible for:

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 Posted on July 26, 2019 in Family Law

When you get a divorce, everyone is impacted. In many cases, children are the ones who are most affected, because they may not always understand what divorce means. Illinois courts believe that a child flourishes when both parents are in their child’s life and play an active role. Even if a person does not have a personal relationship with their child, parents have a responsibility to provide for their child financially. This is where child support comes in. Both parents are expected to contribute to the financial needs of the child, and they must provide a basic amount of child support, which is determined using a formula defined in the Illinois Marriage and Dissolution of Marriage Act. However, this basic child support obligation does not always account for all of the expenses that are involved in raising a child. Parents may also be required to divide other costs.

Extra Expenses

• Medical Expenses: Medical care is expensive, which is why it makes sense to require both parents to contribute to these costs. The court can require either parent to add the child to his or her insurance plan. The court can also require both parents to split the out-of-pocket costs associated with medical care.

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 Posted on July 25, 2019 in Child Custody

It is hard to see much bright side to your divorce when it comes to your children. They are justifiably upset about the breakup of your marriage and how that will change their lives. It is difficult to adjust to a shared parenting agreement that requires them to travel between two homes. On an emotional level, they have experienced the dissolution of your marriage first hand and may question the permanence of any relationship, including their relationship with you. If there is a positive for the children, it is that they no longer live in a home environment rife with conflict and tension. There is also a chance that you may become a better parent to them as a result of your divorce.

Attention

Your marriage may have distracted you from your parenting in ways that you did not realize. It is difficult to concentrate on your children when you are worried about your relationship with your spouse and what that may mean for your future. Being a single parent is more work, but you could be a more attentive parent as a result because:

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 Posted on July 19, 2019 in Alimony / Maintenance

Starting with divorce agreements created this year, people who pay spousal maintenance as part of a divorce can no longer claim those payments as a deduction on their federal income taxes. The alimony tax deduction was used as an incentive for a spouse to pay more maintenance after the divorce. Maintenance recipients will save on taxes because the payments are no longer part of their taxable income. However, they may have more difficulty negotiating a maintenance agreement with their spouses and may not receive as much maintenance as they would have when the deduction existed. There are financial strategies available during divorce that you can use as an alternative to spousal maintenance or that could replicate some of the benefits of the alimony deduction.

1. Property Division: You could forgo spousal maintenance and give the recipient spouse more marital properties instead. There is more certainty in the value of properties than in what you might pay or receive in spousal maintenance over several years. The transfer of money or assets between spouses during a divorce is non-taxable.

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 Posted on July 16, 2019 in Prenuptial & Postnuptial Agreements

There 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

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 Posted on July 16, 2019 in Divorce

Divorce is full of difficult situations. Even making the decision to get a divorce can seem impossible. Perhaps one of the hardest situations that you will have to deal with during your divorce is breaking the news to your children. Depending on your circumstances, your children may already suspect that something is awry. If there has been constant fighting in the house, your children are likely aware of the fact that you and your spouse are unhappy. There is no way to predict how your children will react to the news of a divorce; each child processes and copes with the news differently. Though this can be a difficult time for everyone, here are a few tips to help you tell your children that you and your spouse are getting divorced:

Act as a Team

This may be difficult for some couples, but telling the children about your decision as a team can make a world of difference. Even if the decision to divorce was not mutual, it is important that the children see that you and your spouse can still work together. After all, you will always have a common connection -- your children.

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 Posted on July 13, 2019 in Child Custody

When 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.

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