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Considerations for Special Needs Children in a Divorce
Any divorce with children should be handled with care. With special needs children, there are extra considerations that parents should take into account while the divorce is still ongoing. An experienced Illinois family law attorney can let you know what to expect and help you address problems as they arise.
At Pesce Law Group, P.C., we represent parents of special needs children in issues of family law. Attorney Don Pesce is certified to act as a guardian ad litem for a child’s best interests, which gives him the authority to make a recommendation to the court. When you work with our firm, we will do everything we can to protect your special needs child in a divorce.
Child Custody
In a divorce with children, the judge will assign custody according to the best interests of the child. For a smooth resolution, you and your spouse can draft a parenting plan outside of court that addresses the matter of physical and legal custody. If you and your spouse cannot agree on a parenting plan, the courts will investigate the child’s circumstances before making a final decision to split up custody.
Will I Go to Jail For Not Paying Child Support?
After a divorce with children, you may be ordered to pay child support depending on the custody arrangement. Child support payments typically last until the child graduates from high school or becomes an adult. As you might expect, these payments can put a strain on your finances. But unless there is a significant good-faith change to your circumstances, like an unexpected layoff, you will still be responsible for making those payments.
Failure to pay child support can come with serious penalties, including criminal prosecution. An Illinois divorce attorney at Pesce Law Group, P.C. can help you appeal for modification of the court order. The longer you avoid paying child support, the harsher the penalties, so taking swift action is important.
Garnishing Income
If you do not pay child support for an extended period of time, you could have the missing payments taken directly from your wages. Under state law, you can have up to 50 percent of your earnings garnished to be put towards child support payments, or 60 percent if you do not have other support obligations.
How a Lawyer Can Help With Your Divorce
Some people avoid seeking out a lawyer during a divorce out of fear that it would only complicate things further. Contrary to that belief, a skilled divorce attorney can make the process much smoother. With a strong attorney at your side, you can negotiate from a stronger position and cut down on the labor that goes into finalizing a dissolution of marriage.
At Pesce Law Group, P.C., we know just how complex divorce can be. Our dedicated Naperville, IL family law attorneys can help you at any stage of a divorce, and if necessary, we are ready to represent your best interests in court.
Legal Guidance
One of the most valuable things a divorce attorney can provide is counsel. It is unreasonable to expect every couple going through a divorce to know the ins and outs of the law, but a lawyer can easily fill the gaps with a comprehensive understanding of Illinois statutes.
How to Tell Your Spouse You Want a Divorce
Falling out of love in a marriage after a honeymoon period is not an uncommon phenomenon. The realization that things simply are not working can come as a shock, launching you into a crisis. Divorce is a sensitive subject, and it should be broached with care. You should brace for the possibility that your spouse will not react well. But ultimately, it is a conversation that cannot be avoided if you want to move forward with your life.
It warrants mentioning that if your spouse has a history of domestic violence, or if you have any reason to fear retaliation from your spouse, you should prioritize your own safety and take legal measures to protect yourself. A Naperville, IL family law attorney at Pesce Law Group, P.C. can help you plan for divorce, working towards a solution for the proper dissolution of your marriage.
Find an Appropriate Setting
The best place to break the news about your intent to divorce your spouse is somewhere private and comfortable. This might take place in your home, or a neutral spot like a local cafe, although the last thing you want is to cause a spectacle where you can feel the pressure of onlookers.
Does Illinois Protect Fathers’ Rights?
In the midst of a divorce or other pressing issues of family law, you may have concerns about your rights as a father. Certain questions might keep you awake at night, questions like Will I be able to see my children regularly? How can I be legally recognized as a father? How will the courts decide on custody?
If any of these worries resonate with you, it may be time to get in contact with a skilled Naperville, IL family law attorney who can inform you of your rights and represent you in court. Legislation around fatherhood is always changing, and knowing where your state stands on any particular issue can be immensely helpful. The attorneys at Pesce Law Group, P.C. are prepared to fight for you in and out of court, making sure your concerns do not go unheard.
Reasonable Parenting Time
In Illinois, both parents are entitled to reasonable time with their children, save for cases where "[the court] finds [...] that a parent's exercise of parenting time would seriously endanger the child's physical, mental, moral, or emotional health," which could result in restrictions on parenting time. When allocating parenting time (also commonly referred to as "visitation"), the court assumes that both parents are capable unless proven otherwise. The right to reasonable parenting time also extends to fathers who do not have decision-making responsibility, or legal custody.
How Is Property Split Up in Illinois Divorces?
In Illinois, it is the court’s preference that divorces should be settled outside of court with a resolution created and agreed to by both spouses. Mediation sessions can help you and your spouse come to a mutual agreement about how your marital property should be divided. However, if mediation proves unsuccessful and your divorce goes to court, the property shared between you and your spouse will be divided at a judge’s discretion.
In these situations, it is imperative that you are represented by an Illinois family law attorney who can advocate for your rights to your property. At Pesce Law Group, P.C., our experienced lawyers are prepared to advocate aggressively on your behalf, protecting your best interests during a divorce.
Marital and Non-Marital Property
When your divorce case goes to trial, all of your assets will be categorized as either marital property or non-marital property. This process of asset division can be labor-intensive, as it entails a thorough examination of all your property, including your home, any vehicles, bank accounts, and more.
Predicting Alimony in an Illinois Divorce
When the subject of divorce comes up, many people get uneasy at the thought of paying spousal maintenance, or alimony. However, alimony is not automatically granted in every divorce case. The courts will make a full appraisal of both spouses’ financial circumstances before a final decision is made on awarding temporary or indefinite maintenance.
A skilled lawyer can keep you informed of your rights regarding spousal maintenance and argue for a resolution that is fair to you in court. The Illinois family law attorneys at Pesce Law Group, P.C. have experience litigating complex financial issues of a divorce, including negotiations for alimony.
There is no single predictor for spousal maintenance in Illinois. Instead, a judge will take several factors into consideration, allowing for flexible rulings on a case-by-case basis. If you are unsure as to whether you will be paying or receiving spousal maintenance, our attorneys can meet with you individually to assess your situation.
3 Reasons to Sign a Prenuptial Agreement in Illinois
The subject of prenuptial agreements can be sensitive to broach with your partner. No one wants to think about the possibility of divorce right after popping the question. However, taking the precautionary measure of drafting a prenuptial agreement–even if you never need it–can save you and your spouse from complications down the line.
A DuPage County, IL family law attorney can help you draft a prenup that includes terms that are legally sound and fair to both parties so that both of you can rest easy. The attorneys at Pesce Law Group, P.C. are skilled in mediation and all matters of family law, and we strive to make our clients feel comfortable in our office.
Prenuptial Agreements Can Split Debts
When two spouses mix their assets in a marriage, they may become responsible for each other’s debts in a divorce. This might include credit card debt, mortgages, student loans, and more. A prenuptial agreement can address how debts should be allocated between spouses, with specific provisions about which debts will be split between both parties and which will be one party’s sole responsibility.
Registering as a Putative Father in Illinois
According to Illinois law, a woman is automatically considered the legal mother of a child when she gives birth. If she is married to a man at the time, her husband is automatically considered the father.
A man who is not married when his baby is born does not automatically have recognized legal status as the father unless he and the mother sign a voluntary acknowledgment of paternity, or one parent petitions the court to admit DNA evidence.
What happens when the mother is not exactly sure who the father is? What happens if she knows but loses contact with him before she can tell him she is pregnant? There are scenarios in which a man believes he could have fathered a child but does not have legal paternity. In such cases, the man can consult with a knowledgeable Naperville, IL family law attorney about registering as a putative father to protect his rights.
What is a Putative Father?
A putative father is a man who thinks he might have fathered a child but is not yet legally recognized as such. Sometimes a mother does not know who the father of her child is. Sometimes, she never informed him, so he has no way of knowing. A putative father may have been unaware that a child was conceived and found out later that it happened around the time he had a sexual relationship with the mother.
3 Ways Not Paying Child Support Can Hurt You
When you initially reached an agreement about how much money you would pay your child’s other parent in child support, it was based on your financial situation at the time. If your needs and expenses have increased or your income has significantly decreased, that agreement may no longer be something you can fulfill.
Unfortunately, if you stop paying child support, you can face penalties and wage garnishments. It could damage your employment and personal finances, and can even give you legal trouble. If you cannot continue paying what you initially agreed for child support, speak with a knowledgeable Naperville, IL divorce lawyer to understand your options.
Child Support Nonpayment and Employment
In Illinois, one of the first steps the state might take if you fall behind on child support payments is wage garnishment. Your employer automatically withholds a portion of your paycheck and sends it directly to your child’s other parent or the Illinois Department of Healthcare and Family Services (HFS). This can have serious consequences, including: