Child’s Preference in Illinois Custody Cases

 Posted on December 00, 0000 in Children of Divorce

One of the most difficult aspects of divorce is dealing with child custody. The possibility of having to relocate or switch schools, in addition to spending less time with both parents, can leave a child feeling stressed, anxious and opinionated about the parent with whom he or she wants to live. However, when making an award of child custody or visitation, the Court must consider the child’s best interests. Additionally, there are a number of factors the Court must weigh. One factor is a child’s preference, pending the Court determines that the child has “sufficient maturity to express a preference.”

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​Name Change in Illinois after Divorce

 Posted on December 00, 0000 in Divorce

A recent article on The Huffington Post may have you wondering how difficult it is for spouses to revert back to their maiden names following a divorce. The author, who lives in Massachusetts, stated that she was required to pay a filing fee to take back her maiden name, and that there was no guarantee that the Court would grant her request (though it ultimately was granted).

Use of Maiden Name after Illinois Divorce

In Illinois, spouses can revert to their maiden names following a divorce with minimal hassle. In order to do so, the interested spouse must simply include a request in the divorce petition to restore a maiden name. The same applies to same-sex divorcing couples. Additionally, there is no additional filing fee, and although the request requires Court approval, the Court is very unlikely to not grant it.

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Parent Education Class Requirements in Illinois Child Custody Cases

 Posted on December 00, 0000 in Children of Divorce

The Illinois Supreme Court rules require all parents involved in a child custody case, whether contentious or not, to enroll in parent education classes. Even if the one parent defaults or fails to participate in the proceedings, the other parent is required to attend the parent education class.

Each Circuit Court or county may create its own parenting education program, provided it consists of at least four hours and covers visitation, custody and the impact both have on children. Each parent is required to attend the parent education class no later than 60 days after there is an initial case management conference. The Court may impose sanctions of its choosing on parents who fail to attend the class as required, without showing good cause as to why their attendance should be excused. The Circuit Court of Cook County has two approved parent education courses: one in-person class and an online option. Parents are able to choose the course. However, there is one exception. Parents who are ordered to attend mediation or emergency intervention must attend the in-person classes. The goal of parent education classes is give parents tools to help minimize the stress marital conflict can have on their children and to help them learn how to have a non-adversarial relationship after the divorce. The better the relationship between the parents post-divorce, the easier the divorce and its aftermath will be on the children. While parents work their way through the custody process, the classes provide them with skills to promote healthier communication as a means to reduce conflict. The in-person course has three options, depending on where each couple is in the child custody process:

• Pre-decree class: Parents in the process of a divorce or civil union dissolution.

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Handling the Holidays with Children after Divorce

 Posted on December 00, 0000 in Children of Divorce

Whether a family celebrates Christmas, Hanukkah, Kwanzaa, or just the winter season, the holidays will be very different following a divorce. However, it does not mean that the holidays will be impossible. In fact, certain steps can be taken to help keep everyone happy.

Have a Detailed Child Custody Agreement

The first and most important suggestion for handling the holidays after divorce is ensuring a child custody agreement specifically deals holiday arrangements. There is no "one-size-fits-all" approach. A decided schedule will depend entirely on the circumstances of each individual family.

Some couples choose to alternate holidays, with one parent having the children on Christmas in odd-numbered years and the other having the children in even-numbered years. Others may divide a holiday and have children spend part of the day with both parents. For example, one parent may spend Christmas Eve and Christmas morning with the children, while the other parent then spends the remainder of Christmas day with the children.

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Sealing Illinois Divorce Records

 Posted on December 00, 0000 in Divorce

​Illinois divorce records are public documents. Any person who walks into a Courthouse, and is willing to pay, can access and photocopy all documents contained in a divorce case. Additionally, all documents contained in a divorce file — pleadings, financial disclosures, exhibits — are fair game and can be viewed; however, you can have the Court seal these records for compelling reasons.

Sealing Illinois Divorce Records

If you are going through a divorce, there are a number of reasons why you may want your divorce records sealed. Several reasons include the following:

Privacy. People are nosey. Friends and family may want to see divorce records for a number of reasons — curiosity as to how much money you have, how much debt you may have, and to find out any potential “juicy” details about the divorce itself. Celebrities and public figures often have their records sealed for this reason.

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Traveling Out of Town with Your Children: Do You Need Permission?

 Posted on December 00, 0000 in Children of Divorce

The holidays are here, and for many families that means traveling out of state — whether to visit family or to simply get away from the cold Illinois winters and spend time on the beach. But if you are divorced and have a child custody agreement, can you continue to travel out-of-state with your children during the holidays? The answer is yes – but only if the other parent agrees.

Out-of-State Travel with Illinois Children

Illinois law requires each parent who is part of a child custody agreement to retain the other parent’s consent before traveling out of Illinois with the children for vacation. Parental consent is not required for in-state travel.

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How to Establish Paternity in Illinois

 Posted on December 00, 0000 in Child Support

Paternity is a term used to describe the relationship between a father and his child. Legal paternity is established by law, and it gives a mother the right to seek child support from her child's father. Additionally, a father then has the right to seek custody and visitation.

In Illinois, when a married woman gives birth, her husband is the baby’s father. Or, if a mother is married at the time of conception, her ex-husband is assumed to be the child’s father. In both scenarios, a husband or ex-husband’s name is placed on a birth certificate and is therefore considered a baby’s legal father.

However, when a mother is not married at the time she gives birth, a father is not automatically considered a legal father — even if the couple is in a long-term relationship and there is no doubt the man is the child’s father. In these scenarios, a father must first establish paternity in order to become a child’s legal father and have his name placed on the birth certificate.

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​Can Social Security Benefits Offset Pensions in Illinois Divorces?

 Posted on December 00, 0000 in Divorce

​All divorce cases involve a division of assets, whether it is an even 50-50 split or a different ratio that the Court decides is equitable based on the circumstances. When dividing pensions and other retirement assets, a non-owner spouse can choose to either receive property in an amount equal to his or her portion of the benefits at the time of a divorce, or as a monthly distribution when the owner-spouse becomes eligible to receive it. However, what happens when one spouse contributes more money to Social Security instead of an employer-sponsored pension?

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Tax Issues Following Divorce

 Posted on December 00, 0000 in Division of Property

After months — or even years — of legal wrangling, your divorce is finalized and you and your ex-spouse are now free to move on with your lives. However, if either of you were ordered to pay alimony, or if there are children involved, there are tax issues related to the divorce to which you need to be aware. In fact, you may need to revisit these issues as circumstances change.

Common Tax Issues Faced by Couples Once a Divorce is Finalized

Filing status. Your marital status on December 31 determines your options regarding filing status for tax purposes. If your divorce is finalized before the end of the year, you may want to file as head of household rather than as a single person. You can file as head of household — and get a bigger standard deduction — if you had a dependent living with you for more than half the year and you paid more than half of the upkeep on the marital home. An attorney and accountant can advise you whether it is to your advantage to file as head of household or as an unmarried person.

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Payment of College Expenses in Illinois Divorce

 Posted on December 00, 0000 in Divorce

Most parents hope that their children attend college or vocational school after high school graduation, and many want to help their children pay expenses associated with earning that higher education. But with 57.4 percent of all Illinois high school graduates going directly to college, are parents required to pay for their child’s college education? Or does their child support duty end when the child turns 18?

Support for Non-Minor Child’s Educational Expenses in Illinois

In most Illinois child support orders, the obligor parent (the one ordered to pay support) is no longer required to make payments once his or her child graduates from high school or turns 19. However, in some instances, the Court can order child support payments to be paid toward a child’s educational expenses, including college or other professional training.

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