Posted on October 22,2015 in Child Support

When a couple divorces or otherwise separates, both parents have a legal obligation to support their minor children. Under Illinois law, a parent’s child support obligation normally terminates when a child emancipates. Emancipation occurs when a child turns 18, or 19, if the child is still attending high school. However, there are circumstances in which a parent will be required to provide his or her child with some form of financial support beyond the age of emancipation. For this reason it is critical to have the aid of a family law attorney who understands Illinois child support laws and knows how to best represent the interests of a parent with a child who may need extended financial support.

Supporting the Disabled Child

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 Posted on October 20,2015 in Child Custody

After a divorce, even one that went smoothly, there can be a lot of anger, resentment, and sadness. But, when there are children involved, it is vital that both parents find a way to work together to be the best parents to those children. They are having their own difficulties adjusting to the divorce. Here are three tips for effectively co-parenting after a divorce.

Understand You Have Still a Relationship with Your Ex-Spouse

The divorce may have ended the marriage, but you and your ex are still in a relationship. You are co-parents to your children. That means you have to communicate and work together for the best interests of your children. This can be hard enough when parents have a strong marriage, but when a couple has been divorced it can be extra challenging.

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 Posted on October 15,2015 in Prenuptial Agreement in Illinois

Most people have heard of prenuptial agreements, but many consider them something that happens in Hollywood or with high net-worth couples. However, there are many reasons ordinary couples can benefit from having a prenuptial agreement. While you may think you will never split up, the fact is over half of all marriages end in divorce.

What Is the Purpose of a Prenuptial Agreement?

A prenuptial agreement is an attempt for a couple to decide how their property and assets should be split up in case of a divorce. It is like a property settlement that is agreed to before anyone is even thinking about filing for a divorce.

Individuals with property, a business, or a potential inheritance often want to make sure these items do not become marital property. A prenuptial agreement is way for both spouses to keep the property they bring into the marriage separate.

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 Posted on October 13,2015 in Reasons for Divorce

Problem gambling can destroy a marriage and family. The National Council on Problem Gambling reports that, in 2008 between one quarter and one half of spouses of compulsive gamblers have been abused by their spouse/the compulsive gambler. Furthermore, a 2002 study of emergency rooms across the nation found that the rate of domestic violence increased by 10.5 times when the victim’s intimate partner was found to be a problem gambler. And one 2000 study found that problem gambling is as serious of a risk factor for domestic violence as alcohol abuse.

When you decide to divorce your spouse because of problem gambling, what role will your partner’s gambling habits (and the behaviors and results that flow from these habits) play in the divorce proceedings?

Is Gambling a Ground for Seeking a “Fault-Based” Divorce?

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 Posted on October 08,2015 in Child Support

Can someone really go to jail in Illinois if they fail to pay child support? It seems like the answer should be “no” – after all, if the court is concerned about child support obligations being paid, why would they lock obligors up in jail where they cannot make any payments? Unfortunately, as some obligors learn the hard way, courts are all too willing to put obligors who fail to pay their child support obligations in jail.

This can cause serious problems for the obligor parent, including losing his or her job. Learn more about why a court might order an obligor parent to jail for failing to make child support payments and how you might be able to avoid jail if you fall behind on your child support payments.

“I Thought Jail Was Only for Criminals!”

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 Posted on October 06,2015 in Child Custody

Divorce is difficult enough when there is one child. When two or more children are involved, the concerns about the effect of divorce on the children become magnified. Oftentimes, siblings may feel a stronger bond to different parents: while one child may feel an especially strong attachment to his mother, the sibling may feel a particularly close bond with her father. When a court is called upon to make a child custody determination, how does a court treat siblings if factors pull the court in conflicting directions?

A Refresher on Child Custody Determinations

As many are already familiar, a child custody determination as part of a separate suit or a divorce action will be made after the court considers the best interest of the child or children involved. In determining the best interest of the child in any given case, courts are free to consider a number of factors about the parents’ work and home life as well as the desires of the children (if the children are of a certain age and maturity level). None of the factors a court is to consider (as set out in the statutes) are determinative; instead the court is to take a “whole picture” view of the situation and circumstances.

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 Posted on September 24,2015 in Pets in Divorce

Many people develop close emotional attachments to their pets. Forcing these individuals to spend any length of time away from their animal companions is (for them) akin to asking them to remain separated from their spouse or child. But Illinois divorce courts do not treat family pets in the same manner as they treat children, no matter how emotionally attached one or both parties are to the pet. How, then, does an Illinois court decide who gets the family dog (or other pet)?

Pets Are Treated as Property in an Illinois Divorce

Like many other jurisdictions throughout the United States, pets are treated as items of property. This means that during the divorce proceedings the court will determine which party gets to retain custody and control of the pet. Like other items of property divided during the divorce, there are no “visitation rights” when it comes to seeing the family pet after a divorce. In other words, if the court awards the family dog to your ex-spouse, it will not order that you be allowed regular opportunities to visit with the dog.

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 Posted on September 22,2015 in Child Custody

Under Illinois law, a judge can order that a child custody evaluation or custody study be done to help the court decide difficult issues of parenting time and residence of the children of the marriage. The judge typically appoints an evaluator after consulting with the lawyers for both sides. Once an evaluator is chosen, both sides are ordered to cooperate. Cooperation includes paying the evaluator’s fee.

Who Pays for the Custody Study?

The circumstances of every case are different. Judges have a lot of latitude in deciding who should pay for a custody study. While usually both sides have to contribute something, it is not required that both sides contribute equally. Often judges will order one side with more access to cash to pay most of the fee. However, the payment of the fee can also be considered when the marital property is divided.

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 Posted on September 17,2015 in Divorce

Many states in the nation have enacted “no-fault” divorce laws that allow two parties to divorce one another upon a finding of “irreconcilable differences.” In most cases, a finding can be made based on the testimony of one of the spouses that the marriage is irretrievably broken and cannot be salvaged. Often, a finding of “irreconcilable differences” can be made even if one of the spouses objects to the divorce. But in the wake of the U.S. Supreme Court’s decision legalizing same-sex marriage, one Tennessee judge made national headlines when he denied a straight couple’s divorce petition after finding that he needed the U.S. Supreme Court to step in and decide “when a marriage is no longer a marriage.”

Denials of Divorce Occur Infrequently

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 Posted on September 15,2015 in Postnuptial Agreements

Unfortunately, few things in life last forever, marriages included. Because a sizeable number of Illinois marriages end in divorce each year, savvy spouses have attempted to protect themselves and others through the use of prenuptial and postnuptial agreements. Spouses with significant assets going into a marriage may opt for a prenuptial agreement, which is an agreement regarding property division and alimony entered into before the marriage. By contrast, where one spouse obtains a significant amount of assets after the marriage has been solemnized, or where spouses wish to reduce areas of disagreement and contention in the event they do divorce, a postnuptial agreement may be in order.

But simply agreeing with your spouse as to what the two of you would like to happen if a divorce occurs does not mean a valid postnuptial agreement has been entered into. What are the steps then that Illinois couples must take in order to enter into a valid postnuptial agreement?

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