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Recent Blog Posts
How Can an Emergency Order of Protection Help Me?
Being a victim of domestic violence can be a confusing and scary experience to endure. Victims may be uncertain of what their abuser is actually capable of or if the abuser will follow through with his or her threats. In many cases, a victim of domestic violence may be unsure as to whether or not the treatment he or she is being subjected to even “counts” as domestic violence. If you have been a victim of abuse by a household or family member, romantic partner, or ex-romantic partner, an emergency order of protection may benefit you in several ways.
What Is Considered Domestic Violence?
When most people think of domestic violence, they imagine physical abuse like punching, hitting, pushing, slapping, and kicking. However, this is not the only type of abuse that may be cause for acquiring an emergency order of protection. Domestic violence or abuse can also involve psychological or emotional manipulation. An abusive person may humiliate, demean, or frighten his or her victim in order to control him or her. The perpetrator may also threaten the victim or the victim’s loved ones. Some abusers control victims through financial means such as withholding money, prohibiting the victim from gaining employment, or controlling the victim’s spending to an extreme degree. One of the most important things to remember about abuse is that many abusers escalate the abusive behavior over time. If someone has made you feel afraid for your safety, an emergency protection order can help ensure that the situation does not worsen.
Getting a Divorce When Your Spouse is Physically Abusive
Intimate partner violence is tragically common. According to the National Coalition Against Domestic Violence, 20 people are abused by a spouse or significant other every minute in the United States. Ten million U.S. men and women are victims of physical abuse from a romantic partner every year. If you have been physically abused by your spouse, you should know that you are not alone. Making the choice to leave an abusive spouse is an extraordinarily brave decision. If you are considering divorcing a spouse who has abused you, there are some special considerations you may want to keep in mind.
Orders of Protection
If you are worried that your spouse will harm you or your children once he or she learns that you plan to divorce him or her, you may want to obtain an order of protection, sometimes called a restraining order. An Illinois emergency order of protection (EOP) can be obtained at your county courthouse without the need for your spouse to be present.
Can Child Support Orders Be Extended Past Age 18 if the Child Has a Disability?
Illinois law requires parents to financially contribute to their child’s upbringing. In the case of unmarried or divorced parents, this most often involves child support payments. Typically, child support payments are terminated when a child reaches eighteen years of age and is therefore legally an adult. The now-adult child is expected to start taking responsibility for himself or herself and make his or her own money. However, if the child suffers from a disability, he or she may be unable to do so. In situations like these, child support payments may be extended past the typical time period.
Disabilities That Qualify for Extended Child Support
Both mental and physical disabilities can qualify a person for child support after he is an adult. Section 513.5 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) states that when an individual’s mental or physical impairment “substantially limits a major life activity,” he or she is considered to be disabled. These impairments may include psychiatric conditions, developmental disorders, intellectual disabilities, and physical handicaps. Any impairment that directly affects the child’s ability to perform daily living tasks may qualify the child for extended child support.
What Should I Do If My Child’s Other Parent Refuses to Follow Our Child Custody Order?
In Illinois, parents who divorce are asked to create a parenting plan. The plan identifies the parent who has the majority of parental responsibility (formerly called custody), describes how major decisions about the child will be made, provides a schedule for sharing parenting time, and more. If the parents are unable to reach an agreement about the terms of the parenting plan through negotiation or mediation, the court may need to decide on a parenting plan on behalf of the parents. However the parenting plan is put in place, it is an official court order that parents are expected to obey completely. If your child’s other parent is not following the directions contained in the parenting plan, he or she could face serious consequences.
When a Parent Intentionally Ignores a Parenting Plan
If your child’s other parent is occasionally late picking up or dropping of your child or makes other minor mistakes with regard to shared parenting, this is not grounds for court action. However, if the parent is purposefully refusing to follow the terms of your parenting plan, it may be time to do something about it. Notify the court of the other parent’s actions and contact an experienced family law attorney. In some cases, a parent who intentionally disobeys a parenting plan can be held in contempt of court and face certain civil consequences. If your child’s other parent is incapable of following the terms of the parenting plan, you may wish to petition the court for a modified parenting plan. Illinois courts will always make child custody and parenting time decisions based on what is in the child’s best interests.
Can I Still Collect Child Support If My Child’s Other Parent is in Jail?
For many divorced and unmarried parents, money is tight. If you are a single parent, you probably have many financial obligations including housing costs, childcare expenses, school-related expenditures, and more. If you receive child support from your child’s other parent, you may depend upon these payments heavily. If something were to happen and you no longer received child support, you would be in serious trouble. These are the concerns that many parents have when they learn that their child’s other parent has been incarcerated.
Parents Are Still Expected to Pay Child Support Even While Incarcerated
If your child’s other parent has been arrested and charged with a crime, he or she may be spending time in jail or prison. However, this does not mean that he or she is automatically relieved of child support obligations. When a person is incarcerated, the court still expects him or her to continue paying child support. However, the incarcerated parent does have the option to petition the court for a temporary child support modification. The court may grant this modification if the parent can prove that he or she genuinely needs it. For example, if the incarcerated parent cannot participate in a work release program and has no income, the court may allow him or her to temporarily stop making child support payments. Once the parent is released from jail, he or she must pay the past due amount.
Can I Request Temporary Spousal Maintenance During an Illinois Divorce?
An order for spousal maintenance, or spousal support, in a divorce is issued on a need-based review of each individual case. There is no presumption that one spouse or the other will be required to pay spousal support. Spousal support, though less common than in previous generations, is still awarded in many divorce cases to help alleviate the financial burden of the divorce on an economically disadvantaged spouse. Once the final divorce judgment is entered, the spousal support order becomes enforceable by law and the supporting spouse must comply or face court sanctions. But what about during the divorce? Can spousal maintenance be ordered while the proceedings are still ongoing?
Temporary Orders
The simple answer is yes. Spousal support can be ordered by the court before the final divorce judgment is entered, but the order takes a somewhat different form. The process for obtaining a temporary maintenance order is different as well.
Are You a Victim of Emotional Abuse?
Many people are under the misconception that domestic violence only involves physical violence like hitting and kicking. Emotional abuse can be much harder to recognize that physical violence, but it can be just as damaging to a person’s well-being. One of the most insidious parts of emotional or mental abuse is that the abuser often convinces the victim that he or she somehow deserves the terrible treatment. Many victims of emotional abuse are afraid to report the abuse or leave an abusive spouse. If you have been a victim of any form of domestic violence, speaking to a domestic violence attorney and requesting an order of protection may help.
Examples of Emotional Abuse
Abusive individuals may use a variety of tactics to control and dominate their victim. They may use derogatory, insulting, and manipulative language to break down the victim’s self-esteem. They may withhold affection, communication, and support. If your spouse, romantic partner, or family member controls who you talk to, discourages you from spending time with loved ones, and disrespects your boundaries, you may be a victim of emotional abuse.
Who Gets the Family Pets in an Illinois Divorce?
When a married couple divorces, they will need to decide how all of their marital assets are divided. If spouses cannot reach an agreement about property distribution, the court will decide a property division arrangement on the couple’s behalf. One question many divorcing individuals have is, “How are pets managed during divorce?” Although you probably think of your dog, cat, horse, bird, fish, or reptile as more of a family member than a piece of property, the law generally treats pets as property. However, Illinois made changes to the way “pet custody” is handled during divorce in 2018. Read on to learn about this relatively new law and how it may affect your divorce case.
Pet Ownership Laws in Illinois
Pets are still effectively considered property for the purposes of divorce in Illinois. If a pet is considered a non-marital asset, it will be assigned to the original owner. If the pet is considered a marital asset, a determination will need to be made regarding who will own the pet after the divorce. Although pets are not treated exactly the same as children in a divorce, the new law does make a distinction between pets and other property like bank accounts and furniture. Section 503 of the Illinois Marriage and Dissolution of Marriage Act states that if the pet is considered to be part of the marital estate, the court “shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties…the court shall take into consideration the well-being of the companion animal.”
What Is A Postnuptial Agreement and How Can It Benefit Me?
You have probably heard of a prenuptial agreement before. Although they are often misunderstood, prenuptial agreements can be a valuable tool for spouses who take their property and financial rights seriously. Prenuptial agreements protect both spouses’ property rights in the event of a divorce and also provide an effective way for engaged couples to ensure that they are on the same page regarding property and finances before getting married. When a couple decides to address property and debt after they have already gotten married, they may choose to draft a postnuptial agreement.
Issues That Can Be Addressed by a Postnuptial Agreement
Postnuptial agreements are generally used to establish arrangements for how a married couple’s assets and debts should be handled if the marriage ends in divorce. In a postnuptial agreement, a spouse may specify that a certain asset is exempt from asset division during divorce so that they will not risk losing the property.
Have You Been a Victim of Financial Abuse?
When you think of the words “abuse” or “domestic violence,” you may picture a man or woman with bruises and scars. However, abuse can involve much more than physical violence. One of the most insidious forms of abuse is financial abuse. Sadly, many marriages throughout the United States involve some version of economic abuse. If you have been a victim of financial abuse, you should know that there is hope. Divorcing a spouse who uses money to control and manipulate you can be difficult, but it is possible.
Warning Signs of Economic Abuse
Economic abuse typically involves restricting a victim’s access to financial resources. Abusers may control their victims’ access to money and refuse to let them have any financial independence as a means of gaining power over them. Research shows that most victims of financial abuse are women, but men can also be victims of financial abuse.
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