Posted on May 18,2017 in Alimony/Spousal Support

If you get a divorce in Illinois, and you have children, you will almost certainly be required to pay child support if you are the parent with less parenting time. It is the policy of the state that children are owed support from both of their parents if at all possible, so that right is not vested in either you or your spouse. You may or may not be asked to pay spousal support, also called maintenance, depending on the specifics of your case. Whether you are required to pay one or both, however, it is possible to request a modification to both of these payments if it is deemed appropriate.

Child Support Changes

Child support may be modified every three years without any other cause, or it may be modified when there is a “substantial change in circumstances,” most often due to a change in the supporting parent’s income. While every judge will define “substantial”’ differently, the law does stipulate a minimum standard—specifically, a deviation of at least 20 percent (but no less than $10 per month) from the existing order. Judges are not required to order child support strictly according to statutory guidelines, but if they do not, they must enter a finding regarding why the guidelines were not appropriate.

Continue Reading ››

 Posted on May 16,2017 in Divorce

While many Americans work for large companies, more and more are starting their own businesses—and for a variety of reasons. However, taking on this responsibility can mean extra headaches if you and your spouse ever wind up in divorce court. A business is an asset—in most cases, a marital asset—and like any other property acquired during the marriage, it must be valued and apportioned in accordance with the law. It may not be necessary to divide the business itself, but some manner of arrangement must be made that is equitable to both spouses.

Equitable Distribution and Asset Division

When left to the court to decide, asset division in Illinois is governed by the principle of equitable distribution. In other words, the state’s policy in divorce cases is to divide all marital property as fairly as possible. This means that unlike in community property states, the marital assets will not necessarily be divided equally; instead, they will be divided in the fairest method possible. If one spouse makes significantly more than the other, for example, the higher-earner may receive fewer marital assets because they have the means and the capital to acquire more.

Continue Reading ››

 Posted on May 11,2017 in Alimony/Spousal Support

Despite the beliefs of many, spousal support—also called maintenance—is not a given in Illinois divorce cases. It must be shown affirmatively why such payments would be necessary, with all the attendant proof. It is also not to be confused with child support, which is a duty owed to the child, not the former spouse. The rationale by which many judges order spousal support may seem confusing, but it can be better understood if one examines the wider picture in a divorce context.

Multiple Factors Determine Awards

The relevant statute on spousal support in Illinois states that it may be awarded, without regard to marital misconduct, after the court has examined and weighed all the relevant factors as to whether or not an award is appropriate. Most of the time, if maintenance is granted, it is to remedy a deficiency in one spouse’s earnings or earning potential. For example, if one spouse was the primary breadwinner during the marriage, and the other stayed at home to raise the children, the homemaker spouse will be more likely to receive maintenance because he or she has been out of the workforce for years and may need to refresh their training or knowledge.

Continue Reading ››

 Posted on May 09,2017 in Divorce

When you and your spouse decide to get a divorce, one of the main things on your minds will likely be property division. Your marital assets will be divided equitably—fairly, not necessarily equally. However, there are disputes very often about the larger assets, such as houses, cars and recreational vehicles. While each case is different, if you understand the law surrounding asset division, you may stand a better chance of retaining the assets you wish to keep.

The Marital Home

The biggest asset for many is the marital home. Some couples simply agree as to its disposition; others fight bitterly. There are many different ways that you may be able to decide who gets the house or how to divide the equity in the home. One is referred to as ‘deferred distribution,’ where the home is held by one spouse until a significant event occurs—for example, any minor children reaching adulthood—and only then is sold. This can be advantageous, especially if you have children, because they still get to grow up in the place they know as their family home.

Continue Reading ››

 Posted on April 28,2017 in Military Divorce

Many U.S. citizens choose military careers, to make a difference or to get out and see the world. However, this does affect some aspects of civilian life, including marriage and divorce—the latter in particular, especially when children and issues of parenting time are involved. Going through a divorce from a military servicemember, especially if they are on active duty at the time of proceedings, can be a complex process. It can be extremely advantageous to have knowledgeable legal representation on your side.

Timing Matters

While most civilians can simply be brought to court anytime papers are served on them, military personnel are more likely to in different situations, especially if they are serving actively abroad. It is generally possible to serve military personnel with divorce papers or any other kind of legal document, but because they likely may not be able to present themselves physically within the relevant jurisdiction, they are afforded certain legal protections that must be honored. The Servicemembers’ Civil Relief Act (SCRA) permits that even with service being appropriate in all respects, a hearing on the matter may be suspended for up to the servicemember’s entire tour of duty plus 60 days.

Continue Reading ››

 Posted on April 25,2017 in Child Custody

In most cases, parents are able to keep the best interests of their children at heart. However, in the situations where parents may struggle to do, children still need someone who will put them first. Nowhere is this more important than during court proceedings. A guardian ad litem can speak up for a child or children’s interest, independent of parental pressure, and work toward the goal of giving the child the best life possible.

What a Guardian ad Litem Is and Is Not

Colloquially, the term “guardian ad litem” (GAL) is often used to describe people and positions that do not actually fit the definition. Some believe that a GAL is a sort of attorney-at-large, answerable to all parties and the court. Others think a GAL is only necessary if the possibility of someone losing their parental rights is a possibility. It is perhaps understandable that they are not well known, given GALs are used most often during child custody proceedings, but one must understand what a GAL actually does—considering that his or her role will involve your children.

Continue Reading ››

 Posted on April 20,2017 in Marital Property

Most people do not think about retirement benefits or accounts until they need to do so. Young people and couples may briefly mention such things in a prenuptial agreement or other type of discussion before or during their marriage, but too often, retirement is just something to think about in the future. The exception to that rule is during a divorce, as retirement savings and benefits are some of the most commonly disputed assets between spouses. It is extremely important that you understand what you are entitled to receive, if anything at all.

401(k) Accounts

If you have been at the same job for an extended period of time, there is a good chance you are enrolled in either a 401(k) account or an IRA (Individual Retirement Account). Such accounts are generally held to be marital assets (even if they only have one name on them) because, in most cases, they are either acquired or appreciate in value during the marriage. Dividing these accounts during a divorce can be somewhat complex because the rules differ significantly between states. 401(k)s, however, are governed by federal law—the Employee Retirement Income Security Act, or ERISA. Thus, the same procedure applies everywhere.

Continue Reading ››

 Posted on April 18,2017 in Child Support

It is common to hear misleading stories about custodial parents using child support money to treat themselves to all manner of luxuries. However, while there are no hard and fast rules regarding what child support can be used for, parents who receive support do have some leeway, and trying to police or micromanage the support you pay may not end well for you.

Requirements Are Nonspecific

There is no law in Illinois that requires recipient parents to account for every penny of child support received. However, the state’s child support guidelines, which are used in most divorces, establish a baseline amount deemed appropriate to keep a child or children in a style comparable to the lifestyle enjoyed during the marriage, and the obligor should be able to estimate roughly what is necessary, and if the child or children are being neglected. Beyond that, it is simply not possible for most parents to account for every penny.

Continue Reading ››

 Posted on April 13,2017 in Divorce

Over the past few years, there have been a number of cases in which a divorcing couple disputes the owner of embryos originally intended for in vitro fertilization. Throughout our society, fertility issues and timing are becoming much more common concerns than in past generations. Understandably, this is an extremely personal topic, but it must be addressed because failure to do so may lead to a host of negative consequences for both spouses and certainly for any child born as a result.

Marital Property in Illinois

During an Illinois divorce, marital property is divided under the theory of equitable distribution, meaning that the marital estate is divided as equitably as possible—not necessarily equally. If, for example, one spouse has a significantly higher-paying job, they may receive fewer marital assets or lower spousal support in the divorce agreement, simply because they likely need it less. The concept of equity is interpreted to mean ensuring each spouse has the tools they need to maintain a comparable standard of living post-divorce.

Continue Reading ››

 Posted on April 11,2017 in Prenuptial Agreement in Illinois

In recent years, an increasing number of couples have chosen to execute prenuptial agreements, or prenups, before their marriages. There are many different reasons for you and your potential spouse to consider a prenup, but all such agreements have the potential to be declared invalid if they are not drafted properly. If you want to be certain that your prenuptial agreement will pass legal muster, there are some things you should know.

Only Certain Issues Can Be Discussed

The major issue that many couples encounter with prenups is trying to address concerns that, by law, cannot be settled until they become relevant, with child support and parenting time being the most common. Illinois prenups are governed by the Illinois Uniform Premarital Agreement Act (UPAA), and it contains a specific list of items about which the parties may contract, including the right to dispose of assets, the right to continue certain arrangements from the agreement in a will or trust, and “any other matter … not in violation of public policy.” Child support is perhaps the most paramount of these.

Continue Reading ››