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.

Can Courts Use Online Content to Decide Divorce Issues?

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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.

Family law statutes are constantly changing. If you intend to pursue spousal support in your divorce, it is important to know the most current laws so you can make an informed decision. Speak to a skilled divorce attorney for help. ______________________________________________________________________________________

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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.

Make it a Collaborative Venture

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 Posted on October 11, 2021 in Child Custody

Any family law issue can become hostile and non-productive. When a family law concern involving children becomes contentious, both the adults and the children involved in the dispute can suffer. In order to reduce contention and promote out-of-court resolutions to child custody issues, many Illinois courts require parents to attend mediation.

Why Are We Being Forced to Go to Mediation?

Child custody disputes are often some of the most difficult family law cases to resolve. Parents understandably have strong beliefs about their children and what is best for them. When parents cannot reach an agreement about the allocation of parental responsibilities and parenting time, the court may have to intervene. However, Illinois courts try to avoid child custody trials whenever possible. These trials can place a great strain on children and their parents. The adversarial nature of a court trial also pits parents against each other, making it even harder for them to build a cooperative co-parenting relationship in the future.

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 Posted on October 04, 2021 in Mediation and Collaborative Law

Many people are surprised to learn that deciding how to end their marriage can be just as difficult as the decision to divorce. There are several different ways that you can end your marriage in Illinois. Each has its own advantages and disadvantages. In this blog, we discuss the advantages of using collaborative law to resolve divorce issues. Collaborative divorce is a cooperative process in which spouses work together to negotiate, and hopefully, reach an agreement on divorce issues.

Collaborative Divorce Prioritizes Cooperation and Civility

There is no doubt about it, the more contentious your divorce, the greater the cost – both financially and personally. Most divorcing spouses want to maintain as much civility as possible when they get divorced both for their own sake and the sake of their children. In a collaborative divorce, spouses and other participants agree to negotiate in good faith, share information freely, and maintain a respectful attitude toward each other. This is not to say that collaborative divorces are void of any conflict. However, collaborative divorce cases typically involve less hostility than cases resolved through litigation.

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 Posted on September 26, 2021 in Divorce

The average marriage ceremony takes less than an hour. However, undoing a marriage through divorce can take weeks, months, or even years. Spouses may need to address the division of property and debt, spousal support, child support, child custody, and more. If you are like many spouses beginning the divorce process, you may wonder how you will handle the months or years between filing the divorce petition and the divorce’s resolution. Temporary orders can address important divorce issues like child custody or spousal support while the divorce is ongoing.

Temporary Relief Orders During an Illinois Divorce

Often, divorcing spouses are unable to reach an agreement about how to handle parental responsibilities, parenting time, financial concerns, and other divorce issues without the court’s intervention. Temporary relief orders may address:

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