Posted on December 28,2021 in Child Support

Divorcing spouses must agree to a compromise on many complex problems before a divorce can be finalized. This is especially true when spouses are parents of children under 18. Parenting time, allocation of parental responsibilities, and child support are some of the most contentious issues and it can be difficult to know what to expect.

Child support is often the most predictable part of divorce, but for parents involved in a high net worth divorce, this is often not the case. Although Illinois generally sets child support amounts according to a standard formula, wealthy parents may see a deviation in child support payments. If you are involved in a high-asset divorce and are concerned that your or your spouse’s income may make child support difficult to determine, read on.

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 Posted on December 23,2021 in Child Support

If you are a parent who is divorced or never married, you know how impossible it can feel to afford a decent standard of living for yourself and your child without any financial support from your child’s other parent. The rising cost of living and inflation in Illinois can make paying for food, shelter, clothing, and educational costs very difficult.

Child support orders are an important legal tool for getting the financial help you need. However, it can take some time between when a parent asks for child support and when a child support order is put in place. When this happens, Illinois courts can award child support retroactively to cover the period between when the child support request was filed and when child support payments began.

Establishing Paternity and Child Support

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 Posted on December 14,2021 in Prenuptial Agreements

Anyone who has written a prenuptial agreement before getting married knows that negotiations can be tough. Both partners want good things for each other, but they must also look out for their own best interests in the future. Sometimes, negotiating a prenup can be so challenging that couples may feel as if they are negotiating a divorce before the marriage even starts.

Because prenuptial agreements take hard work and compromise, it is extremely important to make sure that they are legally enforceable if a couple does get divorced. Unfortunately, many couples spend time painstakingly writing a prenup only to get a nasty surprise during divorce proceedings: The prenup is unenforceable and gets thrown out by a judge. If you are considering writing a prenup with your spouse, here are three big mistakes to avoid.

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 Posted on December 07,2021 in Child Support

Many things keep parents of young children awake at night, but few worries are more stressful than the fear of being unable to financially provide. Unfortunately, many parents are worried about money because their child’s other parent refuses to make court-ordered child support payments. If you are in this situation, you know how frustrating it can be; fortunately, there are strategies that can help you recover unpaid child support and get future payments back on track.

Make Sure Your Child Support Order is Enforceable

Many parents who have never been married set up an unofficial arrangement for child support payments. Although this may seem easier than going to court, it actually can result in more complex challenges later on if a parent decides to stop paying. Before you can take measures to get unpaid child support, you have to have a legally enforceable court order. This involves establishing paternity if you have not already done so, and then going to an Illinois family court to petition for child support based on state guidelines.

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 Posted on November 24,2021 in Divorce

Studies show that Americans spend a great deal of time on the internet. Whether working remotely, streaming videos, or using social media to keep up with friends and family, we are constantly online. If you are like many people considering divorce, you may wonder if your online activity can impact your divorce. Perhaps you have posted some things online that you are not proud of or shared information about the divorce on your Facebook or Instagram account. If you are already separated, you may even use online dating applications like Tinder.

What you do and say online can be used as evidence in a divorce case. Even posts that were deleted or set to “private” may be used against you in a divorce. If you are getting divorced and you have questions or concerns about how your online activity may impact the case, make sure to reach out to an experienced divorce lawyer for help.

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 Posted on November 16,2021 in Division of Assets

Dividing a divorcing couple’s property, money, and debt is an important part of the divorce process. It is also one of the most complex aspects to many divorce cases. If you are getting divorced, you will need to identify each of your assets as either non-marital assets or marital assets. Both spouses have a right to a share of marital property whereas non-marital property belongs only to one spouse. Identifying, valuing, and dividing assets in a divorce can be further complicated by factors such as:

Non-Disclosure of Assets and Debts

Before a married couple can divide their assets and debts during divorce, they must take a full inventory of those assets and debts. Each spouse is asked to provide a financial affidavit listing their property, liabilities, income, and expenses. This financial disclosure may include bank account balances, real estate, stocks, investments, retirement accounts, loans, mortgages, and much more. Financial data from the affidavit influences everything from property division to child support, so accuracy is crucial.

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 Posted on November 09,2021 in Spousal Maintenance

Originally posted: October 16, 2017 -- Updated: 11.9.2021

Changes to federal tax laws in 2019 changed the way that spousal support is taxed in Illinois and throughout the U.S. Before 2019, spousal maintenance payments were tax-deductible for the payor. The recipient spouse could claim alimony or spousal support payments as taxable as income. Presently, spousal maintenance is not deductible from the income of the payer spouse. Additionally, the receiving spouse cannot include maintenance payments as income on their taxes.

Divorce can have a massive financial impact - especially when a divorcing spouse is dependent on their soon-to-be-ex-’s income. The purpose of spousal support or spousal maintenance is to offset the negative financial impact of divorce. Maintenance payments can give a stay-at-home parent or non-working spouse time to gain the job skills or education needed to be financially independent.

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 Posted on November 03,2021 in Paternity

Paternity refers to the legal relationship between a child and the child’s father. When a woman has a baby, she is automatically considered the child’s legal parent. The woman’s husband, if she is married, also becomes the child’s legal parent. However, when unmarried parents have children together, the situation is different. Often, one or both parents will need to take additional steps to establish the legal relationship between the child and the father. Read on to learn about establishing paternity in Illinois and what you can do if you have questions or concerns about paternity.

How Can You Establish the Legal Father-Child Relationship?

Establishing paternity offers important advantages for both parents and children. The easiest way to establish paternity is for both parents to fill out a Voluntary Acknowledgement of Paternity (VAP) and file it with the Illinois Department of Health and Family Services. However, this option is not always possible. If your child’s father refuses to sign the VAP or there is uncertainty about who the child’s father is, you may need to take action through the Department of Healthcare and Family Services (HFS) or the court system. Genetic testing may be needed to verify the father’s biological relationship to the child. Typically, DNA paternity testing is accomplished by taking a small cheek cell sample from the inside of the mouth.

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 Posted on October 26,2021 in Child Support

Autism spectrum disorder is a developmental disability that can cause difficulty with communication, socialization, and behavior. The condition ranges from extremely mild to severe. Some people with autism are unable to speak or take care of themselves. Others can handle everyday tasks but need assistance with more complex responsibilities.

As a parent of an autistic child, you may face significant child-related costs. Your child may need specialized education or childcare. He or she may participate in early intervention treatment services such as behavioral therapy or speech therapy. Some parents of children with autism forgo a career and stay home to care for their child full time. Expenses can quickly add up, and these costs do not disappear once the child turns 18. Fortunately, Illinois law provides a way for parents of children with disabilities to receive child support even after the child is an adult.

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 Posted on October 18,2021 in Prenuptial Agreements

Getting engaged to be married is an exciting and romantic experience. If you are like many soon-to-be spouses, you may worry that asking your partner for a prenuptial agreement will put a damper on this exciting time in your life. You may even wonder if bringing up the idea of a prenup will make him or her question the engagement.

Prenuptial agreements are massively misunderstood. Fortunately, more and more people are starting to understand the value of prenuptial agreements. Prenups are not only for celebrity couples or the ultra-wealthy. Prenuptial agreements protect both spouses’ rights and financial interests. Drafting a prenuptial agreement is also a great way to discuss crucial financial issues before you get married. The following tips can help you broach the subject in a way that is non-confrontational and low pressure.

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