Posted on September 19, 2022 in Child Support

Divorced and unmarried parents of minor children in Illinois often rely on their child's other parent to make timely child support payments. When the parent responsible for making payments falls behind on his or her payments or stops paying altogether, it can leave the receiving parent in a terrible bind. Parents who are desperate to get child support payments back may understandably want to escalate matters but may be reluctant to get a Court involved because they fear the expense and hassle that could ensue.

Unfortunately, parents who stop following the parenting time schedule described in their Court-ordered parenting plan because of unpaid child support can face legal consequences, just as a parent who stops paying child support can. Instead, it is better to follow the law and allow a Court, with the help of an experienced attorney, to take action against someone whose child support payments are in arrears.

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 Posted on September 12, 2022 in Divorce

Over the course of many years of marriage, couples generally accumulate a large sum of money for retirement. Whether through careful saving and investment, working hard and earning a pension, or any combination of other investment strategies, Illinois couples depend upon their retirement plans to carry them throughout their later years.

The prospect of divorce can feel very threatening to your retirement income, and rightfully so; marital assets must all be divided in divorce and this can leave both you and your spouse with more expenses and less resources. However, with careful planning, rigorous negotiation, and excellent legal representation, there are ways for you to protect your retirement goals during divorce. Here are three great steps to help you begin.

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 Posted on August 31, 2022 in Divorce

Child support payments help single and divorced parents cover child-related expenses. During these challenging times, financial assistance through child support is more important than ever. However, for various reasons, some parents stop paying child support. In some cases, a parent loses his or her job and can no longer afford support payments. Other parents are simply irresponsible or selfish and intentionally choose to ignore this important responsibility.

Whatever the cause, non-payment of child support is not taken lightly by Illinois Courts.

What to Do When a Parent Cannot or Will Not Pay Child Support

If you are an obligor, or payer, or child support and you cannot afford your current child support obligation, do not simply stop paying. The Court can take adverse actions against you, which will only make your situation worse. Depending on your circumstances, you may qualify for a child support order modification. For example, if you were laid off from your job and are genuinely trying to get a new job, you may be able to reduce your obligation for the time being.

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 Posted on August 25, 2022 in Divorce

If you share custody of your children with an ex-spouse and he or she wants to move away with the kids, you may be frustrated, worried, and unsure of what to do. Do I have a say in whether my ex moves? Can I challenge a parental location in Illinois? It can be difficult to deal with a parental relocation if you are not sure what your legal options are. In this blog post, we will discuss parental relocation and how it is typically handled by the Court system. We will also provide some tips on how to challenge a parental location if you believe that it is not in the best interests of your children.

Parental Relocation Laws in Illinois

Moving to a new home can provide new opportunities and a fresh start. However, moves are not always in a child's best interests. Many divorced and unmarried parents worry that if the other parent moves away, it will negatively affect their relationship with their child. They may also worry that the child will struggle to adjust to a new home, school, neighborhood, and community.

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 Posted on August 22, 2022 in Divorce

Collaborative divorce is an alternative dispute resolution method divorcing couples can use to reach an agreement on the terms of their divorce. The collaborative process allows the spouses to negotiate issues such as the division of marital assets and debts, child custody, and spousal maintenance. Ideally, spouses can reach a settlement through the collaborative process and avoid the litigation process.

There are many benefits to the collaborative process. Spouses remain in control of the outcome of the divorce and keep the case out of Court. The process is also confidential, unlike many Court proceedings. Parents may find that working cooperatively during the collaborative divorce process also sets them up for a cooperative co-parenting relationship after the divorce. One of the most important benefits of a collaborative divorce is the insight provided by third-party professionals.

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 Posted on August 05, 2022 in Divorce

Prenuptial agreements and premarital agreements allow engaged couples to define their financial rights and obligations before they get married. Most family law attorneys are seeing an increase in prenuptial agreements – especially among millennials. Modern couples are getting married later in life and often have significant assets, including business interests, cryptocurrency, and real estate. They may also have significant debts, including student loans and credit card debt.

A prenuptial agreement is a great way to protect financial interests and set the terms of spousal maintenance in the event of divorce. However, prenuptial agreements are not always enforceable by the court. This blog will discuss the requirements for prenuptial agreements in Illinois and some issues that can cause a prenuptial agreement to be unenforceable.

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 Posted on July 29, 2022 in Divorce

Any parent getting divorced worries about how the divorce will affect their children. Although divorce is common in our modern age, it still has massive repercussions for everyone in the family. A parent may be especially concerned about how divorce will affect their child if the child has autism.

Children on the autism spectrum see the world through a different lens than those without the disorder. They are often highly sensitive and struggle to adapt to change. Some suffer from developmental delays, anxiety, or unpredictable mood swings. Others struggle to show emotion at all and appear completely disengaged from other people.

If your child has autism spectrum disorder (AUS) and you plan to end your marriage, it is important to plan the divorce with your child's unique needs in mind.

Telling Your Child About The Divorce

One of the best things you can do to protect your child from avoidable pain during your divorce is to carefully plan when and how you tell him or her about the divorce. Experts agree that it is best for both parents to sit down and have the “divorce talk” with the child together. However, this is not always possible. Ideally, you will plan what you are going to say to your child in advance and think about the questions he or she may ask. Clear your schedule so you have at least a few hours with your child to let him or her process the news and come to terms with it. Make sure your child knows that he or she is not to blame for the end of your marriage.

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 Posted on July 21, 2022 in Divorce

Getting divorced involves many specific procedures and processes. The petitioner is the spouse who files for divorce by submitting a Petition for Dissolution of Marriage to the Court. The respondent is the spouse who is served with divorce papers. The respondent has the opportunity to “respond” to the divorce petition and participate in the divorce proceedings. For example, the respondent may disagree with the petitioner's choices regarding property division, parental responsibilities, or other divorce matters. Responding to the divorce petition gives the petitioner a chance to negotiate these issues with the other spouse and reach a settlement. If no agreement is reached, the case proceeds to trial, where a Judge makes a decision on the unresolved issues.

If a spouse forgoes his or her opportunity to participate in the divorce process, the Court may enter a default judgment against the spouse.

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 Posted on July 18, 2022 in Divorce

If we lived in a perfect world, every divorcing spouse would totally cooperate with the divorce process. They would freely provide the necessary documents, fully disclose their income and assets, and treat their soon-to-be-ex with respect and civility. Of course, we do not live in a perfect world. In reality, most divorce cases involve at least some degree of contention. In some cases, divorcing spouses refuse to cooperate or compromise, withhold important information, or hide assets.

Divorce discovery is the fact-finding aspect of a divorce case. Lawyers have many different legal tools at their disposal that they can use to obtain information and evidence in a divorce case. If you are getting divorced, it is important to know what to expect during divorce discovery.

Discovery Tools That May Be Used in Your Divorce

Each case is different, and divorce attorneys may use a variety of different legal tools and procedures to uncover information relevant to a case. Divorce discovery may involve:

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 Posted on July 08, 2022 in Divorce

Wealth can complicate divorce significantly. Divorcing spouses with high-value assets may find themselves inundated with decisions during the divorce process. Should I keep the marital home? What about vacation properties? Do I have a right to a portion of my spouse's business interests? Are investments and retirement accounts separate property or marital property? Questions like these can be confusing and overwhelming. If you are a high-net-worth individual getting divorced, reach out to an experienced high-net-worth divorce lawyer for help. Additionally, keep the following considerations in mind.

Tips for Divorce Involving Significant Wealth

Dissolving a marriage is even more complicated when one or both spouses have assets of significant value. The financial consequences of mistakes and oversights in a high-net-worth divorce are also amplified.

During a high asset divorce:

• Do work with a divorce attorney experienced in complex property division and other high asset divorce concerns. High net worth divorce cases differ from typical divorce cases, and you will benefit by retaining a lawyer qualified to handle complicated financial and legal concerns. Your lawyer can help you make sound financial decisions that set you up for post-divorce success.

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