Posted on January 31, 2020 in Child Support

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.

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 Posted on January 23, 2020 in Uncategorized

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.

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 Posted on January 16, 2020 in Child Support

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.

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 Posted on January 09, 2020 in Spousal Maintenance

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.

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 Posted on December 24, 2019 in Domestic Violence

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.

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 Posted on December 18, 2019 in Division of Assets

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.”

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 Posted on December 10, 2019 in Family Law

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.

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 Posted on December 03, 2019 in Domestic Violence

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.

Some common warning signs that could indicate that you are in a financially-abusive relationship include:

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 Posted on November 29, 2019 in Divorce

If you are considering a divorce, there are probably countless questions going through your head. Ending a marriage will create a degree of uncertainty in almost every situation. You may be unsure of how you will get by on your own, how co-parenting will work, and whether you will ever be ready to give love another chance. In addition, you are also likely to have concerns about the process itself. Unfortunately, one of the most common questions is one that is among the most difficult to answer definitively. How long will it take to complete a divorce? It is almost impossible to say for sure.

Contributing Factors

The speed and efficiency of the divorce process depend on a wide range of variables. Some will be related to your specific situation, while others will be beyond your control. For example, the current caseload in the county where you file your divorce petition can impact your case by several weeks or more, but you and your spouse can do little, if anything, about the court’s schedule.

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 Posted on November 22, 2019 in Divorce

As you approach the divorce process, you and your soon-to-be ex-spouse may already have most of the details covered. It is not uncommon for a couple to “pre-negotiate,” if you will, regarding the various necessary considerations before the petition for divorce is even filed. For the vast majority of cases, this is very welcome, and a much lower-stress alternative to a long, drawn-out courtroom battle, the impact of which may be felt by both parties for years into the future. For some couples, however, their negotiated agreement might not meet the court’s standards and could be rejected on the grounds of being unconscionable. It is important to understand just what that means so you can be prepared to avoid such a response from the court.

Negotiate with an Understanding of the Law

While you certainly do not need to be an attorney to reach a reasonable agreement with your spouse, it does help to have a basic grasp of what the Illinois divorce laws require. This is especially applicable to concerns for property division, and spousal maintenance. A negotiated agreement does not necessarily need to adhere to each and every provision in the related laws, but understanding what the law considers to be just and equitable is a good place to start. From there, you and your soon-to-be ex can create virtually any type of settlement you wish, as long as it is reasonably fair to both parties and your children.

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