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Mt. Prospect divorce attorney adulteryIn April of 2019, daytime talk show host Wendy Williams filed for divorce from her husband, Kevin Hunter. During the divorce proceedings, Hunter requested a substantial amount in spousal support, as well as child support for the couple’s 18-year-old son, Kevin Junior. Hunter relied on his job as executive producer on Williams’ show for an income, and he was also her personal manager. Now, after being fired from both jobs, he has no source of income. 

This case is interesting, raising several questions. One significant issue involves Williams’ claim that she should not have to pay spousal support because Hunter cheated on her. Those who are divorcing in Illinois may wonder how the state’s laws would address these issues. Does adultery affect the terms of a divorce? 

Adultery as Grounds for Divorce

In Illinois, the only grounds for divorce is “irreconcilable differences.” This simply means that there has been a breakdown in the marriage and that there is no hope that the couple will reconcile. This is different than how divorce worked in Illinois historically, as previously, there was once a long list of grounds for divorce, including adultery. 

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Barrington child custody lawyerEven those who do not regularly follow celebrity news may have heard about the breakup of Khloe Kardashian and Tristan Thompson. Aside from the entertainment aspect of the story, people may be curious about the legal effects of the breakup and how similar matters would be handled in Illinois. Since the couple has a child together, the question of how child custody and child support will be handled may be on some people’s minds.

Child Custody for Unwed Parents in Illinois

When a child is born to a married couple in Illinois, the husband is assumed to be the father of the child. However, that is not the case when the parents are unwed. If unmarried parents break up, the parentage of the child will need to be legally established before decisions can be made about child custody.

Parentage is established in one of three ways in Illinois. The easiest way is for both parents to complete a Voluntary Acknowledgement of Paternity (VAP) in which they both agree the man in question is the biological father of the child. If the parents do not agree to submit a VAP, a court may order DNA testing to establish that the man is the child’s biological father, and an Order of Paternity will be issued. In addition to these options, the Illinois Department of Healthcare and Family Services may also conduct paternity testing and enter an Administrative Paternity Order.

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Palatine divorce and child support lawyerThere are few things more difficult for a family to go through than divorce. This is particularly true when there are children involved. Emotions run high, and everyone wants to leave the marriage in a manner that is fair to them, and the entire family can struggle to move on with their lives. In addition to all of this, parents must negotiate a child custody agreement and determine child support obligations. During this process, there are three very important things each parent must keep in mind.

1. Keep Your Emotions in Check

Spouses will normally experience strong feelings when going through a divorce, such as sadness, anger, disappointment and frustration. However, letting these emotions rule child custody negotiations typically results in a longer, more difficult process. Parents should do their best to try to avoid being confrontational during these proceedings, and remember at all times that negotiations are taking place in the best interests of the child, not the parents. In addition, remember that these negotiations can take time. Rather than rushing to reach an agreement as soon as possible, you should ensure that the final agreement protects your parental rights and meets your children’s needs.

2. Know the Laws

Child support is determined by a judge who will use the financial information the two spouses have submitted to make a decision. Due to this, both parents going through a divorce must provide accurate financial documents, and they should be sure to understand the laws surrounding child support.

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Schaumburg prenuptial agreement attorneyHollywood is accustomed to ugly divorces. In 2018, Jersey Shore actor Jenni “JWoww” Farley filed for divorce from her husband, Roger Matthews, and now Matthews is contesting the validity of the couple’s prenuptial agreement. While the concerns of reality TV stars do not apply to most of us, any couple can have a prenuptial agreement. If you are going through a divorce, and you have a prenup, you will want to be sure to understand how Illinois law will apply to your case, including whether your prenuptial agreement can be contested.

Prenuptial Agreement Laws in Illinois

The Illinois Uniform Premarital Agreement Act governs all prenuptial agreements filed in the state of Illinois. This law states that to be enforceable, both parties must agree to the prenup and sign it. The agreement will go into effect on the couple’s wedding day.

The Illinois statute includes some provisions on what is unlawful to include in a prenuptial agreement. These include any terms that violate public policy or criminal statutes. Spouses are also not allowed to waive the right to receive child support or agree that a parent will not be required to pay his or her child support obligations.

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Hoffman Estates child support attorneySeparated or divorced parents have a lot on their plates in terms of providing the emotional and financial support a child needs to thrive. While a physical and emotional connection with parents is integral to a child’s development, a court cannot force a parent to have a genuine and meaningful relationship with his or her child. A judge can, however, compel a parent to pay child support, regardless of the quality of the parent/child relationship.

Child support is a right owed to the child, and a parent cannot shirk this responsibility as long as the law recognizes the person as the child’s legal parent. Further, the type of relationship the child’s parents have with one another, whether it be as husband and wife, live-in girlfriend/boyfriend, or former partners who were never married, has no bearing on the legal parent’s ongoing obligation to provide support until the child reaches the age of 18.

A common question connected with child support orders is how they are established, or more specifically, who may initiate an action for child support, and what is the process followed for establishing a legally enforceable obligation? 

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Arlington Heights child support enforcement lawyerGetting the financial support a child needs to do well is a priority for all parents who receive this money. Often, this parent is the child’s primary caregiver, meaning without child support from the other parent, they would be solely responsible for the high cost of raising the child. Being a single parent has enough burdens without the added stress of not receiving regular child support and finding oneself struggling to make ends meet. Unfortunately, the child is the one who is the most negatively affected by this situation because the non-payment of child support means the child must forego certain opportunities.

The state of Illinois has a vested interested in both parents supporting their children and offers a number of enforcement options to compel payment. A standard consequence of failing to pay child support is the suspension of the delinquent parent’s driver’s license. However, starting this year, the penalty for being caught driving on a suspended license related to unpaid child support was reduced to a petty crime. Petty crimes are purely fineable offenses, whereas misdemeanors, the former classification for license suspension related to child support, could include jail time. Thus, the delinquent parent has less incentive to become compliant because the consequences for not paying are now lower. Child support enforcement should still be pursued, but this new change is worth noting.

Court Enforcement 

Child support orders, whether issued as part of divorce or paternity proceedings, are not something a parent can choose to ignore without facing consequences. The parent receiving support is entitled to seek enforcement with the courts to secure this right for the child. The primary way a parent can ask the court to enforce a child support order is to submit a petition for contempt. Violating a court order is not permissible, and a judge can order a delinquent parent to settle the arrears that includes interest after 30 days, or the parent may face jail time until some portion of the amount due is paid. Probation may also be ordered, and if jailed, but released to work, a parent may have his/her wages garnished to settle the overdue amount. In addition, if the parent owns a business, the court can order the seizure of these assets to put toward the back child support.

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Barrington child support lawyerOne of the primary challenges of being a single parent is finding the money to provide for all of a child’s needs. Divorce and separation can drastically change the financial means of the child’s primary caregiver, and the law expects that both parents will contribute to the financial support of the child until adulthood.

In the abstract, this ongoing obligation seems logically appropriate and fairly easy to arrange, assuming both parents can cooperate. In practice, however, parents may need to fight to establish and enforce child support, and they can face significant obstacles when child support orders are ignored by the other parent.

A recent article in the Chicago Sun-Times noted that there are millions of dollars in overdue child support owed to children living in Illinois. Unfortunately, the child is the person who most suffers when financial support is withheld, as well as the one who will most feel the burden of having less than what he or she really needs. The most effective and fastest route to receiving regular child support is to work with an experienced family law attorney who has the means and knowledge to ask the courts to take action designed to ensure compliance. 

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Schaumburg divorce lawyer college expensesDivorced parents rightly assume that their obligation to pay child support ends when the child reaches the age of 18 or graduates from high school. Financially supporting a child until he/she is legally able to engage in full time employment makes sense from a practical and legal perspective; however, many children go on to attend college and obtain a degree, causing them to incur the sky-high cost of a college education in America.

Unless a child receives a full scholarship that covers tuition, room, board, books and other expenses, the financial assistance of their parents is often necessary to help pay for their college education. Paying for college is a struggle for many parents, and divorced parents face the added pressure of juggling this cost while maintaining separate households. 

While educational expenses for primary-level instruction are included in child support formulas, college expenses are not. If a parent wants to ensure that the other party helps cover the costs of a child’s college education, they will need to file a petition requesting contribution toward college expenses. 

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Posted on in Child Support

enforcing child support in Illinois, Palatine family law attorneyChild support is important for parents’ and children’s financial stability, but sometimes, the payor parent fails to make payments. In Illinois, the custodial parent has several enforcement options. The parent may garnish the nonpaying parent’s wages, seek contempt charges in court or seek driver’s license suspension. Parents also have other options for enforcement through the courts or by reporting the nonpayment to Child Support Services.

Liens

Since a child support order is a Court Order, unpaid child support judgments may be enforced by the same methods as any other judgment. The Court may place a lien on the delinquent parent’s bank accounts; real estate; cars; lawsuit settlements, including workers’ compensation claims or other assets. If the parent does not pay the child support amount, the sheriff may seize the parent’s property, sell it and pay the custodial parent out of the proceeds.

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Posted on in Child Support

enforcing child support, Illinois divorce lawyersEvery child in Illinois has the legal right to receive financial support from both parents. This responsibility does not end simply because parents divorce or separate. The payment of child support can be extremely important for a child's or parent's financial stability, but sometimes, the payor parent fails to make payments. In Illinois, the custodial parent has several enforcement options.

Garnishing Wages

If a parent wants to enforce a child support order without going to court, he or she may send a Notice to Withhold Income for Support both to the parent and to the parent’s employer. The parent’s wages will be garnished, and the child support will be paid directly out of the parent’s paycheck. Sometimes, however, the parents have previously agreed not to pursue income withholding, and this option is not available. Fortunately, several other enforcement methods are possible in Illinois.

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Posted on in Child Support

Palatine family law attorney, child support, imputed incomeChild support determinations can be filled with tension, and the amount of support is often hotly contested. Child support calculations in Illinois are based on each parent’s earnings, and sometimes, one parent tries to evade responsibility for support payments by hiding income.

Imputing Income

If the judge in a child support proceeding suspects that one parent is trying to avoid paying child support, Illinois law has a mechanism to ensure fairness — imputing income. When a Court imputes income, a parent is assigned a higher income for purposes of calculating child support. This action is appropriate when there is doubt as to the accuracy of the parent’s reported income and evidence shows that the parent is or could be earning more than reported.

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non-minor educational support, Palatine Family Law AttorneyIn Illinois, Courts have discretion to include, as part of a child support order, a requirement that parents contribute toward post-secondary education expenses of their non-minor children. Historically, the guidelines for determining whether such support could be required were vague and confusing. The passage of the Family Law Reform Bill addresses these concerns by creating a new protocol for determining when non-minor support is appropriate.

Existing Law

The current version of the Illinois Marriage and Dissolution of Marriage Act allows a Court to order educational support for a child, including college or professional training expenses, as part of a custody agreement. Previously, Courts were only instructed to consider the following when making their determination:

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failure to pay child support, Palatine child support attorneyThe divorce is finalized and child support, and custody orders are in place. Your ex has always been sporadic about making child support payments — some are on time, others are late. Yet the late payments are double what is required in order to make up for the missing payments. However, months have passed since you have received a check, and your ex will not return your calls.

What can be done to enforce payment, and what are the potential ramifications for your ex-spouse?

Illinois Child Support Enforcement

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million dollar child support, Illinois divorce attorneyThe newest twist in the divorce of a Chicago hedge fund owner and his wife is her alleged request for $1 million a month in child support for their three children. To all but the most wealthy families (and even to most of them) $1 million per month seems excessive. But it raises the question, if child support is based on statutory guidelines, how can one parent request a certain amount of support, and what would it take for the Court to award it?

Children of Divorce Entitled to Same Lifestyle

Child support is based on a statutory formula that takes into consideration the net income of the obligor (the parent paying support) and the number of children to be supported. Once the Court determines the obligor’s net income, he/she must pay a percentage of his/her monthly net income based on the number of children he/she has. For example, an obligor with three children must pay 32 percent of the monthly net income.

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child support payment, child support guidelines, child support modification, child support order, Palatine family law attorney, stepparent’s income, child supportFollowing a divorce, chances are high that either you or your spouse will re-marry. However, if you and your ex-spouse had children, and there is a child support order involved, is it possible for the custodial parent to obtain an increase in the original child support award based on the new spouse's income?

Calculation of Illinois Child Support Payment

The Court determines the value of a monthly child support an obligor (the parent ordered to pay child support) must pay based on a child support guidelines adopted by the Illinois legislature. Although there may be slight variations, a typical child support award is a percentage of an obligor’s net income, with the percentage being determined by the number of children he or she is financially obligated to support.

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Posted on in Division of Property

divorce and taxes, Palatine divorce attorney, property division, tax issues following divorce, child support, alimony, tax return, income tax returnAfter 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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absent spouse, division of assets, divorce by publication, Illinois divorce, Palatine divorce attorney, child support, divorce of an absent spouseWhen a couple decides to end their marriage, one or both spouses may file for divorce. However, in some cases, a marriage can end when one spouse simply walks out and leaves the other spouse wondering what went wrong and questioning his or her spouse's whereabouts. In this situation, the spouse who was left behind is placed in a difficult position. The commencement of all civil actions, including divorce, requires that the other party be served with the petition. Therefore, if one does not know where his or her spouse is, how can he or she serve the spouse with divorce papers? Although challenging, divorcing an absent spouse can be accomplished.

Palatine Divorce by Publication If you do not know your spouse’s location, you can not simply file for divorce and state that you cannot find him or her. In order to get divorced in your spouse’s absence, you must prove to the Court that you performed due diligence in attempting to locate him or her. Hence, you must exhaust all options in trying to uncover his or her whereabouts. Due diligence in this situation may include:
  • Attempting to contact your spouse at his or her last known address;
  • Attempting to contact your spouse at his or her last known employer;
  • Asking family members or close friends of his or her whereabouts;
  • Performing an Internet search, including a search of social media sites; or
  • Searching property records in your spouse's area of residence.
This is not an exhaustive list, but only representative of the type of search you may undertake to locate your spouse. The circumstances of each individual case dictate where and how extensively you should search. If the absent spouse cannot be located after conducting a diligent search, then you must file an affidavit with the Court. An affidavit is a sworn statement where you explain to the Court all the ways you attempted to locate your spouse. After submitting the affidavit, you may publish a notice to the absent spouse in the newspaper. The notice must describe the divorce action and the date of any Court proceedings. It must be published in a newspaper in the county where the divorce was filed, unless the county has a population of less than two million, in which case it must be filed in a newspaper in the municipality where you lived as a couple. The notice must be published once a week for three consecutive weeks. Once 30 days have passed since the first publication, you are free to move for an entry of uncontested default, which means the Judge will issue an order of divorce in spite of your spouse’s absence. There are, however, disadvantages to divorce by publication. The Court cannot make any decisions regarding maintenance (alimony), child support or division of assets if your spouse is not present. You can re-open the case if your absent spouse returns, but it is in your best interest to locate your spouse, even to the point of hiring a private investigator to have a Court determination of all the issues, particularly if there are children involved and you need child support. Palatine Divorce Attorney If you are contemplating divorce, contact Palatine divorce attorney Nicholas W. Richardson today to schedule a consultation. With more than a decade of experience handling divorce, child custody and other family law matters, Nicholas W. Richardson is an experienced, compassionate divorce attorney who can help guide you through any issue that may arise.

parenting, child custody, right of first refusal, Illinois child custody lawOne of the sad realities of divorce is that each parent has less time to spend with their children. But in 2013, the Illinois legislature passed a law that would maximize the amount of time parents can spend with their children, regardless of the final division of child custody. The new law, which amended the Marriage and Dissolution of Marriage Act, went into effect on January 1, 2014, and allows the Court to grant parents a right of first refusal for child care in child custody and visitation agreements.

The Right of First Refusal in Child Custody Cases

A right of first refusal gives the non-custodial parent (the parent who is not currently caring for the child) the right to provide child care if the other parent needs a babysitter or other child care provider. For example, if the mother has primary custody but must put the children in daycare during the week while she works, she must first offer the father the opportunity to care for the children. If the father accepts, then he will be able to care for the children while the mother is at work, without the extra time being counted against his regularly scheduled visitation. If the father refuses, then the mother is free to put the children in daycare.

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Illinois child support, Illinois family lawyer, divorce, children of divorce

One of the fundamental questions decided during a divorce revolves around child support. In virtually all cases involving minor children, the parent with whom the children will primarily live - the custodial parent - is entitled to receive monetary assistance from the non-custodial parent to help with the needs of the children. In Illinois the laws established a formula for determining the measure of child support that is appropriate under different circumstances.

The Law in Illinois

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Lives change from day to day, month to month, and year to year. Often, what was good or beneficial at one point in life no longer holds the same significance later. Circumstances occasionally arise in which a divorce decree needs to be modified in order to better comport with current living situations.

The Law

An order for child support can be modified upon a showing of substantial change in circumstances. If there is no substantial change in circumstances, then the party receiving the benefits must demonstrate an inconsistency between the amount of the existing order and the amount as determined by the guidelines set forth in 750 ILCS 5, Section 505, unless that inconsistency is the result of a deviation from the guideline amount. This provision, however, only applies if a party is receiving child support enforcement services, and only if at least 36 months have elapsed since the order or last modification. There may also be a modification without showing a substantial change in circumstances, if a need can be shown to provide for the needs of the child’s health care through health insurance or other means.

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