Which Parent Pays for College in an Illinois Divorce?

 Posted on August 21, 2019 in Divorce

The price of a college education these days can exceed six figures for a four-year degree. According to the College Board, the average cost of tuition and fees in 2017–2018 was $34,740 at private colleges, $9,970 for in-state students at public colleges, and $25,620 for out-of-state students at public universities. Those figures are for one year, and they do not include post-graduate degrees. Considering the expense of a college education, it is essential for parents who are getting a divorce to understand their options when determining who will pay for these costs.

Illinois Divorce Laws

The law states that parents may be required to contribute to the education of the child “as equity may require,” which means a fair division of the expenses. In the majority of divorces, the two parties create a written settlement agreement. This agreement typically, but not always, states how the parents will contribute toward their child’s educational costs. In many cases, the major considerations are:

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What Are Parenting Time Rights in an Illinois Divorce?

 Posted on August 13, 2019 in Child Custody

Going through a divorce can be difficult on an adult as well as a child. The end of a marriage also means the end of the family unit as they knew it. Determining child visitation, now referred to as “parenting time” in Illinois, can be a complicated matter. The child’s best interest is what the court considers when parenting time rights are being established in any divorce settlement. Parenting time can be divided in many different ways, but it is imperative that the parents keep personal preferences out of the equation and devise a plan that works best for the child.

Determining the Child’s Best Interests

It is recognized by the state that in most cases, it is best for children to have a healthy relationship with both their mother and father, and those familial bonds are essential in their development. While parents may be able to reach an agreement on how to share parenting time, they may need to settle these issues in court if they cannot do so on their own. A judge will consider various types of information when determining the best outcome for the child, and the following elements are taken under advisement:

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Should I File for Bankruptcy During My Illinois Divorce?

 Posted on August 09, 2019 in Divorce

Money issues can often cause a marriage to fail if two spouses constantly argue over finances. A divorce in itself can be expensive, and it can add to what was already a significant financial burden. Filing for bankruptcy is one way that allows people struggling with debt to wipe out certain obligations and obtain a fresh start. Bankruptcy is a legal process through which people who cannot repay debts to creditors may seek relief from some or all of their obligations.

Chapter 7 and Chapter 13 are the two main types of bankruptcy people typically file. Each offers different benefits, but it is important to know that while bankruptcy can stop most collection actions against someone, it does not eliminate all types of debt. Choosing the option that is best for your situation depends on several factors, including income, property, and future goals after a divorce.

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How Can I Protect My Credit Score During My Illinois Divorce?

 Posted on August 07, 2019 in Finances and Divorce

Going through a divorce can be stressful, and it can have a significant emotional and financial toll on your life. You may not necessarily consider how ending your marriage can affect your credit score until you see the effects of a decrease when applying for a loan or credit card.

Your credit score refers to a number that is based on an analysis of your credit information, and this number represents your creditworthiness. That is, your credit score reflects the probability that you will repay a debt or loan, such as a mortgage. According to FICO, which calculates credit scores in the United States, the amount of debt you have makes up 30 percent of your credit score. Therefore, the lower your debt, the higher your credit score. Protecting your credit during your divorce is essential for maintaining a secure financial future.

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How Can a Child Support Order Be Modified in Illinois?

 Posted on August 01, 2019 in Child Support

After you have gone through a divorce and are paying or receiving child support, there may come a time when you believe the amount you pay or the child receives should be adjusted. In Illinois, this may be done through a modification review process.

When Can I Have My Child Support Order Modified?

Under Illinois family law, an order for child support is eligible for modification review every three years, or when there is a significant change in either parent’s income or in the needs of the child. In the case of a three-year review, a parent will receive a letter from the agency in charge, informing them of the right to request a review.

Who Conducts the Modification Review?

Modification reviews of child support orders in Illinois are done by the Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services (DCSS). The agency is tasked with the responsibility to make sure child support orders are consistent with applicable Illinois law and changed circumstances involving all concerned.

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What Happens to Pets in an Illinois Divorce?

 Posted on July 31, 2019 in Asset Division

For couples who have decided to get a divorce, one issue that may catch them unprepared is how to deal with the family pet, if they have one. In some cases, a pet may be beloved by both spouses, and neither one can imagine life without it. The law, of course, provides guidelines on how to deal with issues involving children of divorcing parents, and decisions about the allocation of parental responsibility and parenting time are made based on what is in children’s best interests. However, pets are often a different story.

Changes to the Laws on Pet Ownership After Divorce

While divorce has been around for a long time, new and increasingly complex issues often arise in divorce cases. As a result, legislatures must pass new laws to address or respond to these new issues. Illinois is no exception, and one area the legislature has recently addressed is pet ownership after divorce.

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How Can a Child Support Order Be Modified in Illinois?

 Posted on July 31, 2019 in Child Support

After you have gone through divorce and are paying or receiving child support, there may come a time when you believe the amount you pay or the child receives should be adjusted. In Illinois, this may be done through a modification review process.

When Can I Have My Child Support Order Modified?

Under Illinois family law, an order for child support is eligible for modification review every three years, or when there is a significant change in either parent’s income or in the needs of the child. In the case of a three-year review, a parent will receive a letter from the agency in charge, informing them of the right to request a review.

Who Conducts the Modification Review?

Modification reviews of child support orders in Illinois are done by the Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services (DCSS). The agency is tasked with the responsibility to make sure child support orders are consistent with applicable Illinois law and changed circumstances involving all concerned.

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What You Need to Know About Prenuptial Agreements in Illinois

 Posted on July 26, 2019 in Prenuptial and Postnuptial Agreements

Prenuptial agreements are often associated with very wealthy individuals, and people who seek a prenup may be seen as believing that their marriage will not last. Because of this, a stigma was attached to these agreements, but this has changed over time, and prenuptial agreements are becoming more and more common.

When Is a Prenuptial Agreement Appropriate?

Nowadays, it is routine for marrying couples to discuss, agree to, and sign a prenuptial agreement before they exchange marriage vows and seal their marriage. A prenuptial agreement may be appropriate in a variety of situations, including:

• One spouse has significantly more assets than the other spouse. In this case, it behooves the spouse with significantly more assets to have a prenuptial agreement in place to protect against the incidental or deliberate inclusion of their assets as marital property in a potential divorce. Ordinarily, assets obtained before a couple’s marriage are considered non-marital property and therefore not subject to division or sharing after divorce.

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How Are a Couple’s Assets Divided in an Illinois Divorce?

 Posted on July 24, 2019 in Asset Division

While some people who get married may be doubtful that the marriage will last, the expectation for nearly all couples who marry is that their marriage will last a lifetime.

However, the reality of marriage in America is that more than 22 percent of first marriages end in divorce within five years, and 53 percent of marriages dissolve by the 20-year mark, according to the latest available data from the government. No matter the length of a marriage, one common issue that often arises during divorce is how to handle the division of marital property.

What Constitutes Marital Property?

The first question to determine when addressing property division is what is considered marital property as defined under Illinois law. The law defines marital property as "all property acquired by either spouse subsequent to the marriage." Examples of common marital property include physical possessions such as homes, automobiles, and other assets of value. Marital property also includes monetary assets such as retirement accounts like 401(k)s or IRAs, pensions, stocks and bonds, and life insurance benefits.

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How Can Fathers’ Rights Be Protected in Illinois?

 Posted on July 19, 2019 in Divorce

In Illinois and in many other states, it can seem like the odds are stacked against fathers in family law cases. Judges in Illinois have been instructed to not hold one parent in higher regard than another – therefore, in theory, this means that a father has the same parental rights as a mother. In practice, however, things often turn out differently.

While mothers often take the lead in caring for children, fathers also play a critical role in their development. Studies now show that children who have fathers or father figures involved in their lives tend to do better in school and chart a better path to success in life. Fathers also often act as caregivers, nurturers, and disciplinarians, providing invaluable love and support throughout the childhood years and beyond.

Evolution of Parental Rights

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