Posted on January 17, 2018 in Child Support

If a divorcing couple has children, it is more likely than not that child support will be ordered payable by one parent (also called the obligor). However, depending on a number of factors, the court may arrive at a number with which the obligor is unhappy. While it is possible for an obligor to show that the support burden placed upon them is inequitable, doing so is very difficult, and attempts to shirk payments or otherwise avoid responsibility are not favorably looked upon by family courts.

The Child Support Formula

Illinois’ child support formula has undergone significant modifications in recent years. The formula was modified in early 2016, and again in 2017. The current formula is an “income shares” model as opposed to the single-parent model of before. This can mean that many may be confused about the process used to arrive at the amount they must pay. In the past, “hard percentages” were used, and only the obligor’s income was considered. An income shares model factors in both parents’ income as well as the amount of parenting time each parent enjoys. Considering such issues is simply more equitable than relying on a just one parent’s income.

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 Posted on January 16, 2018 in Divorce

According to the National Survey on Drug Use and Health, 21.5 million teens and adults struggled with drug and alcohol addiction in 2014. Addiction to drugs and alcohol can be devastating to those affected. An addicted person can experience extreme cravings and physical withdrawals—some which can be life threatening. Those who use drugs and alcohol enough soon become dependent on the substance and need it to simply feel normal. Soon they are consumed by the addiction. They may break the law or hurt those they care about in order to get access to the substance. Sometimes an addict can become a danger to themselves, their spouse, or their children.

Some addicts are able to reach out for help and overcome their addiction, but some are not. If you are married to an addict, you know the immense toll addiction takes on a marriage. Many marriages do not survive one of the members becoming addicted to drugs and alcohol. It is hard to know how much a spouse should tolerate before they end the marriage. Because every relationship is unique, only those in the relationship can decide what is right for them. However, if you are married to an addict, and are contemplating ending the marriage, there are a few things experts suggest considering.

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 Posted on January 10, 2018 in Child Support

On July 1, 2017, Illinois implemented its new child support law, which codifies changes made to the system in 2016 and early 2017. The most important change is that the state will now use the so-called “income shares” formula in calculating child support, as opposed to the old method which only considered the income of the paying parent. While most agree that the change will benefit parents who pay support, there are some who have reported complications and confusion. It is a good idea to familiarize yourself with the law before having to deal with its changes in court.

Changes to Support Levels

Some things about the child support guidelines and about actual payments will not change. Only the parent with fewer parental responsibilities or less parenting time will pay support, and the payment methods are also the same. However, nearly everything else has changed, and that can be disconcerting to have to deal with.

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 Posted on January 09, 2018 in Divorce

The period immediately following the excitement of Thanksgiving, Christmas, Hanukah, and New Year’s Day is often a time when many people file for divorce. In fact, some have called January “divorce month” because so many couples choose to file for divorce during near the beginning of each new year.

The first Monday of the year after the holiday season typically sees a rise in couples taking legal action regarding their marriage. There are a few reasons why this is the case. Some couples with children wait until after the holidays because they do not want to ruin the children’s enjoyment with news of the divorce. Other couples avoid announcing their divorce until after they have attended the family gatherings and work parties that usually come with the holidays.

Money Issues Contribute to Marital Problems

Surveys show that one of the major factors that causes marital breakdown is financial stress, and the holiday season is often filled with a variety of extra expenses. According to one recent study, almost 40 percent of married people named financial pressures as the biggest challenge their marriage faced. Over 20 percent of respondents reported that most of the arguments they have with their spouse are about money. Married couples who are already strained may further stressed by the costs that the holidays can bring, such as travel, gifts, and hosting family get-togethers. Oftentimes, the holiday season is the “straw that breaks the camel’s back” when it comes to marriages.

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 Posted on January 04, 2018 in Divorce

Data shows that the rate of divorce for individuals over the age of 50 doubled between 1990 and 2010. Many people think of older couples, especially those who have been married a long time, as if they are guaranteed to stay together forever. However, the marriages of those over the age of 50 evolve though the years, and sometimes the marriage is no longer beneficial to either spouse. If you are over the age of 50 and are considering getting a divorce, there are a few things you should keep in mind.

Divorce Over the Age of 50 Is Financially Complex

Those over the age of 50 are likely more financially established than a younger couple would be. This can make the division of property and assets complicated. In cases where spouses have considerably different incomes or one spouse was a homemaker or stay-at-home parent, the higher earning spouse will probably be ordered to pay spousal support. Spousal support, also called spousal maintenance or alimony, refers to payments which are made by one spouse to the other after a divorce. These payments are designed to help the lower-earning spouse maintain the same standard of living that they had as a married person. Whether maintenance is awarded in a given case will depend on several factors including:

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 Posted on December 29, 2017 in Child Custody

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) was modified extensively in 2016, and one of the major modifications was to establish the requirement for divorcing couples to have a parenting plan. Such a plan can be drafted cooperatively by the couple on their own or with the assistance of the court. The rationale is that if issues arise, the parenting plan worked out by both spouses may provide guidance in all but the most unusual situations.

Helping Parents to Share Responsibilities

A parenting plan is defined in the relevant statute as a written agreement that grants either “significant decision-making responsibilities,” parenting time, or both. A plan is required when both spouses will share parental responsibilities. If only one parent will have decision-making capabilities regarding the child, there is no need to seek the other parent’s input. To have one parent exclusively make all decisions for the child, however, is relatively uncommon rare; usually parents will share joint custody to at least some degree.

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 Posted on December 27, 2017 in Child Custody

If you and your spouse have children together and are considering divorce, you probably have many concerns. Some parents worry that their children will be negatively affected by the divorce or think that it is their fault. Parents might worry about their ability to share responsibilities for the children and raise them the way they as parents always planned to, but separately.

Fortunately, there are many parents who get divorced and still manage to raise their children to be happy, healthy, and successful. In fact, for some parents, splitting up with their spouse turns out to give them more time to bond with their child and actually improves the parent-child relationship over the long run. There is no perfect way to co-parent with your ex-spouse but there are some guidelines set out by relationship and parenting experts that can help you create your own unique co-parenting style.

Communication Is Key

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 Posted on December 22, 2017 in Family Law

As the caretaker of a child, parents have some basic rights and responsibilities. Parents of a child have the right to raise their child in the manner that they believe is appropriate and have the responsibility to keep the child safe and provide for him or her. A court can take these rights away from a parent if he or she violates the law repeatedly or in a particularly heinous way. In certain situations, a parent can also voluntarily terminate his or her rights, which ends the legal parent-child relationship and absolves the parent of many responsibilities.

Involuntary Termination

In Illinois, one parent cannot simply petition the court for the termination of another parent’s rights. A parent’s rights can only be terminated in conjunction with the Adoption Act or in a juvenile case. Family courts start with the assumption that it is best for children to have two parents in their lives, except in cases where this is not in the best interest of the child or a parent is found to be unfit. In Illinois, a parent can be found unfit to be a parent if they:

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 Posted on December 18, 2017 in Divorce

If you are just beginning to research your options regarding divorce, you may have stumbled upon some terms and phrases that are to you. One such term that many people considering divorce are curious about is the word “contested.” There are contested divorces and uncontested divorces. The root word of contested is contest, so it refers to a competition or dispute. Within the law, a contested divorce is one in which the spouses cannot come to an agreement about one or more issues. Couples who engage in a contested divorce may disagree about the division of marital property or debt, spousal support (also called alimony or spousal maintenance), child support, or child custody. An uncontested divorce is appropriate when both spouses agree on all of their divorce-related issues and meet other state-determined criteria. A contested divorce is often more complicated than an uncontested divorce.

Uncontested Divorce in Illinois

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 Posted on December 14, 2017 in Divorce

Getting a divorce is often an extremely complex and involved undertaking. It can feel overwhelming, especially when discussing assets and finance, where small details may need to be addressed quickly. Because so much is happening all at once, though, it is not at all uncommon for the average person to make a mistake or two in safeguarding their own property and financial interests. If you know about such potential mistakes, it can be much easier to avoid them.

Not Taking Taxes into Account

It is normal for a divorcing spouse to focus on the assets in front of them and the convenience that those assets can bring. For example, the marital home may be targeted by both spouses because whomever remains will not need to move, which can cause considerable expense and trouble. However, it is also normal for the spouse who may come away with such assets to wind up with a considerable tax bill the following year. A marital home is cheaper in terms of taxes if you retain it. Most of the time, if you are awarded your house or condo in the divorce, you are able to claim the mortgage interest deduction on your taxes. However, if you decide to sell the house after it has been awarded to you, you are responsible for the taxes on the amount received, which can pose a serious problem for someone who did not expect it.

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