Posted on July 14,2016 in Child Support

If you are subject to a child support order and your circumstances have changed, you may need to seek child support modification from the court. Whether you have become unemployed, changed jobs, or had another change in your circumstances that has made paying your child support obligation difficult, our experienced child support modification attorneys can help.

What Factors Do Courts Consider When Determining or Modifying Child Support Orders?

Child support modification requests can be addressed judicially - by the court - or administratively, by the Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services. Your family law attorney will help you determine which process best protects your rights.

There are a few factors that the court will take into consideration when determining whether or not it is appropriate to modify the child support order to which you are subject. Primarily, the court will look at the paying parent’s income and whether the income has changed since the original order was issued, compared to the existing needs of the child.

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 Posted on July 12,2016 in Visitation

If you are involved in a parenting time dispute and are the parent of a breastfeeding child, you may have questions about how a breastfeeding relationship may impact a custody arrangement in Illinois. Our family law attorneys in Wheaton understand that breastfeeding is both a sensitive topic and an important part of many young children's development.

The Tender Years Argument

In the past, many jurisdictions have subscribed to the view that very young children who are still in their "tender years" - generally considered to be children age three and younger - should primarily be cared for by their mother.

This view stems from the antiquated belief that mothers are always the primary caretakers of young children, and from the accurate understanding that a breastfeeding child will need more consistent access to his or her mother.

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 Posted on July 07,2016 in Children of Divorce

In Illinois, the court will often take into account the wishes of the child or children who are the subject of a parenting time dispute. While a child's input can be incredibly valuable in terms of determining the child's best interest - as is the court's ultimate goal - it is not necessarily appropriate under all circumstances.

If you are involved in a parenting time dispute and worry about how your child's feelings and wishes will be respected, our compassionate family law attorneys in Wheaton can be by your side throughout the process.

Illinois Considers Child Input as One Factor in Parenting Time Disputes

Some states do not take children's wishes into account at all when deciding parenting time cases. This is perhaps a relic of the past in which decisions were typically made for kids without their input. Illinois, however, recognizes the importance of listening to what kids think, feel, and value as their family situation changes significantly.

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 Posted on July 05,2016 in Divorce

If you are seeking a divorce in Illinois, you may have questions about who is responsible for paying attorney’s fees. Many people believe that it is only fair that the party whose actions led to the divorce, or who first filed for divorce, should be responsible for the attorney’s fees.

This is not always the case though. Ultimately, the decision about attorney’s fees is often left to the court's discretion. However, your divorce lawyer can certainly request that the judge assign the attorney’s fees - entirely or in part - to your spouse.

Factors the Court May Consider in Assigning Fees

While the court is not going to consider fault in terms of deciding the payment of attorney’s fees, the judge may take into consideration each spouse's income and means, as stated in 750 ILCS 5/508. For instance, if one spouse was primarily a stay-at-home parent and the other earned the majority of the income, the court may find that each party should pay a percentage of the attorney’s fees in relation to their proportion of income.

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 Posted on June 30,2016 in Spousal Support

Divorce is often a hardship that weighs heavily on nearly every aspect of an individual’s life. It can be emotionally and physically taxing, but it can also be financially damaging. Too many times does a couple stay together because it is economically easier. Both are used to a certain standard of living and feels as though they would not be able to support themselves if they went out on their own. One solution is to apply for spousal support.

What Is Spousal Support?

Spousal support, also known as spousal maintenance or alimony, is a payment that is made by one spouse to another after a divorce or separation. While spousal support is not always necessary, its main purpose it to help offset effects of divorce and to ensure that neither individual is left in poverty due to the divorce. Typically, this payment is calculated in order to assist both parties in the divorce maintain a similar standard of living after a divorce is final as was enjoyed during the marriage.

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 Posted on June 28,2016 in Visitation

Illinois is one state that allows grandparents and other close family members to petition the court for visits when the parent or guardian is not permitting access to the child. While grandparent visitation is considered a privilege and not a right in Illinois, your family law attorney can help you seek contact with your grandchildren.

What Is Grandparent Visitation?

Any parent - if deemed a fit parent by the court - is given substantial deference to his or her wishes regarding contact between their child and other family members, including grandparents, great-grandparents, aunts and uncles, and even adult siblings. For this reason, many grandparents attempt to set up regular visits with their grandchildren by working with the child's parent.

Unfortunately, these informal agreements are often not honored, or are stopped and started at the convenience or whim of the parent, and not necessarily with the child's best interest in mind.

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 Posted on June 24,2016 in Paternity

Paternity is defined as the legal relationship between a father and his children, and the rights and responsibilities that come along with that relationship. Fathers who are or were married to the mother of their child do not typically need to establish paternity, since the legal presumption is that a mother's husband or ex-husband (within a biologically appropriate time-frame) is the father.

Unmarried fathers, however, must proactively establish their paternity - or the mother may seek to do so. Unless both parents agree on who is the child's father and are willing to submit a signed acknowledgment, it is likely you will need to establish paternity in court. If you are a parent seeking to have the paternity of your child established for legal reasons, an experienced paternity lawyer in Illinois can help. Our firm's paternity attorneys have experience representing both mothers and fathers in paternity cases.

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 Posted on June 21,2016 in Prenuptial Agreement in Illinois

By now, you may have heard that actress Amber Heard is filing for divorce from actor Johnny Depp after just 18 months of marriage. Divorce filings are so common in Hollywood that, often, these cases barely warrant a mention, but one twist in this case is worth pointing out: the couple apparently did not have a prenuptial agreement.

That might not be a big deal if the couple had similar net worths, but in this case, Depp is estimated to be worth $400 million, while Heard’s net worth is thought to be around $9 million. Under California law, Heard is unlikely to wind up with hundreds of millions of dollars from the divorce settlement, but she could be entitled to a good amount of money that Depp made during the period they were married. Conceivably, she could receive tens of millions of dollars just for being married to Depp for less than two years. If nothing else, it shows the importance for high-net worth individuals of getting a prenuptial agreement before walking down the aisle.

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 Posted on June 16,2016 in Child Support

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) section on child support is deceptively simple. A parent without the majority of parental responsibilities must pay at least 20 percent of their net income toward the support of one child. That amount increases up to a maximum of 50 percent of net income if six or more children are involved.

In many cases, “net income” can simply be calculated based on how much someone makes from their job. However, the income that someone makes from their employment is not always an accurate reflection of how much they are actually earningg, and, in some situations, parents go to great lengths to hide and manipulate their income to avoid paying more in child support. Illinois courts frown on these tactics.

In Re Marriage of Rogers and Money from Family Members

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 Posted on June 14,2016 in Divorce

In many cases, the most difficult part of a divorce case is not comprised of the trips to court, splitting assets, or determining child custody. Often, these issues can be resolved relatively amicably, either through negotiation or mediation. For many people, the most difficult part about divorce is just telling your spouse that your marriage is over. You may have been having issues for quite some time and be trying to resolve them through therapy, or it could just be that on your own you feel yourself drifting away from your spouse. So how do you go about saying that you want a divorce?

Be Direct and Honest

There are several things to keep in mind when telling your spouse that you want to get divorced. The first thing to remember is that honesty is the best policy. Sit down with your spouse and tell them directly that you want to end your marriage. They may be angry or upset. If you two have been having issues for awhile, they may be somewhat understanding.

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