Posted on April 10,2019 in Child Support

The purpose of child support is to help a child of unmarried or divorced parents enjoy the same quality of life as they would if their parents were together. If a noncustodial parent does not pay his or her court-ordered child support, the custodial parent can seek help from Illinois' Division of Child Support Services.

Not paying child support can result in wage garnishment, revocation of licenses, property liens, interception of tax refunds, and, in the most severe cases, criminal prosecution. If you are the primary caregiver to a child and the child’s other parent is not paying child support, read on to learn about your options under Illinois law.

Paternity Must Be Established Before Child Support Can Be Collected

Because there is seldom any question as to a child’s biological mother, most parentage issues stem from the father not establishing paternity. In Illinois, there are several ways that a father can establish paternity and become the child’s legal parent, including:

Continue Reading ››

 Posted on April 02,2019 in Division of Assets

One of the most challenging aspects of a divorce can often be determining how property will be divided. Illinois law dictates that only marital, or shared, property should be divided during a divorce and that non-marital, or separate, property is not. However, it can be hard to determine what property is considered marital and what property is considered separate.

Untangling two individuals’ finances and assets during divorce can be a complicated endeavor – especially if the couple is not able or willing to negotiate. In some situations, property decisions are left up to the judge assigned to the case. The judge will then use a method of property division called “equitable distribution” in order to assign property to each spouse.

What Is Considered Non-Marital Property?

Separate property is not subject to equitable division and will be assigned to the spouse who owns it during divorce. Separate property generally includes:

Continue Reading ››

 Posted on March 26,2019 in Divorce

Getting divorced is always a challenging endeavor, but for those facing a divorce after not working outside the home, it can seem impossible. If you have been a stay-at-home parent or homemaker and are considering divorce, you may have many concerns about what will happen after your marriage ends. How will you get a job and support yourself with so little work experience? Will your non-financial contributions to the home and family be taken into consideration by Illinois courts during divorce? Fortunately, Illinois law does recognize the issues homemakers and stay-at-home parents face when they get divorced, and there are several legal options available to make the transition to single life more manageable.

Non-Financial Contributions Matter Too

The sacrifices a parent or spouse makes for his or her family should be accounted for during divorce. Illinois law considers marriage to be a “joint enterprise” meaning it recognizes the contributions that a stay-at-home mother or father and/or homemaker made to the marriage. A parent who sacrificed his or her professional career for caretaking responsibilities is at a significant financial disadvantage after divorce. Illinois courts therefore consider both party’s’ future employability and contributions to the marriage – both financial and non-financial – during decisions about property and spousal maintenance.

Continue Reading ››

 Posted on March 19,2019 in Prenuptial Agreements

Those getting married who want to protect their financial rights often choose to sign a prenuptial agreement.  Prenuptial agreements, also called “prenups” or premarital agreements can be to protect assets including real estate or a family-owned business in the event of divorce. Signing a prenup does not mean that a couple plans to divorce just as someone who buys car insurance does not intend to get into a wreck. Prenuptial agreements are a type of contract which will help determine how assets and debt is divided and whether or not spousal maintenance is awarded during divorce. There are several things which can invalidate a premarital agreement, however. If you are considering using a prenuptial agreement, make sure it meets the criteria set by Illinois law. Prenuptial agreements which do not meet the requirements or contain invalidating provisions may be thrown out entirely during a divorce.

Continue Reading ››

 Posted on March 14,2019 in Divorce

There are many factors which can complicate a divorce. One of the biggest of these is an uncooperative or untrustworthy spouse. Ending a marriage is already challenging, but adding a spouse who is not forthcoming about his or her finances makes it even harder. If you considering divorce and worried that your spouse will attempt to hide assets, read on to learn about how you can protect your financial rights during your Illinois divorce.

Illinois Courts Need an Accurate Representation of Financial Status to Divide Property

Before marital property can be divided in a divorce, spouses must list their assets and debts in a financial disclosure. Once the spouses know their complete financial picture, they can begin deciding how this property should be divided between them. If the spouses cannot come to an agreement about property division, the court system will decide for them.

Continue Reading ››

 Posted on March 06,2019 in Divorce

While divorce at any age can be a complex endeavor, older couples getting divorced often face additional complications that younger couples may avoid. The longer a couple is together, the more interwoven their lives become – both personally and financially. Older individuals often own more complex assets like family business, life insurance policies, retirement plans, pensions, stock options, brokerage accounts, and deferred compensation which can significantly complicate divorce. Furthermore, spousal maintenance is often ordered when a long marriage ends. If you are over age 50 and are planning to divorce, keep the following information in mind.

Divorce Rate for Older Couples Has Risen Significantly

More and more older couples are getting divorced than ever before. This is especially true for the post-retirement age group. In fact, the divorce rate for people aged 65+ has more than doubled since 1990. This trend, nicknamed “gray divorce,” may be occurring for several reasons. Firstly, the stigma surrounding divorce which existed for decades has nearly disappeared. Divorce is not seen as something to be ashamed of in today's world. Secondly, many older adults are gaining the confidence to choose the path in life which makes them the happiest. For some, this means ending a marriage.

Continue Reading ››

 Posted on February 27,2019 in Divorce

A divorce is considered to be one of the most stressful life events a person can endure. Having a marriage end can be emotionally devastating. In addition to dealing with the break up itself, many divorcing spouses must also work out issues of spousal maintenance, property division, and child custody. If you are considering getting a divorce or you have already filed for divorce, you should know that there is light at the end of the tunnel. There is no perfect way to cope with the turmoil of divorce, but experts do have some suggestions to help lessen the emotional and psychological pain caused by the end of a marriage. 

Resist the Urge to Retaliate

One mistake that many people make during divorce is attempting to retaliate against or “get even” with their soon-to-be-ex spouse. Understandably, many people have intense feelings of resentment or anger towards their spouse during a divorce. This is only made worse when the marriage ended due to infidelity or another breach of trust. However, seeking revenge during divorce never ends well. Trying to get back at your ex during the divorce process may even affect the outcome of child custody or property decisions.

Continue Reading ››

 Posted on February 21,2019 in Paternity

Child custody and parentage issues can become more complicated when parents are unmarried. Illinois law assumes that the husband of a woman who gives birth is the father of that child. However, an unwed father is not presumed to be the child's biological parent. Fathers who want to become their child’s legal parent must establish parentage. After parentage is established, the father enjoys parental rights and gains certain legal duties to the child.

Benefits of Establishing Parentage

There once was a time when unwed parents were ostracized. Now, about 40 percent of children are born to unmarried mothers according the Centers for Disease Control and Prevention (CDC). When unmarried parents have a child, a legal relationship between the child and his or her father must be established before a court will order child support. Establishing paternity not only makes the parental relationship official, but also provides the child with emotional and financial support from their noncustodial parent including:

Continue Reading ››

 Posted on February 13,2019 in Divorce

The Centers for Disease Control and Prevention (CDC) estimate that one in four women and one in seven men will be victims of domestic violence in their lifetime. Domestic violence can include actual or threats of physical violence, forced sexual contact, psychological abuse, stalking, and financial abuse. The state of Illinois as well as the federal government have enacted laws to hold abusive partners accountable and protect domestic abuse victims. Many of these laws address how domestic violence affects court decisions during divorce.

Filing for Divorce

Illinois is a “no fault” state when it comes to divorce law. This means that divorcing couples do not need to prove that the other spouse did something wrong in order to be granted a divorce. Couples who wish to file for a divorce in Illinois will list “irreconcilable differences” as the reason for the divorce. Even though domestic violence cannot be the grounds for a divorce, you can still introduce evidence of your spouse’s abusive behavior during the case.

Continue Reading ››

 Posted on February 07,2019 in Divorce

Going through any break-up is difficult, but the legal and financial implications surrounding divorce make the break-up of a marriage one of the most challenging life events a person will endure. If you plan to get divorced or are considering it, you probably have many concerns – financial and otherwise. Read on to learn about some of the most common money mistakes people make when getting divorced and how to avoid them.

Remaining Ignorant of Your Financial Situation

In many marriages, one person handles the finances and the other simply trusts him or her to do so accurately and adequately. This may work fine during the marriage, but it leaves one spouse at a significant disadvantage during divorce. If you have not been involved in your family’s financial affairs and plan to divorce, it is highly recommended that you get up to speed as soon as possible. Make copies of essential financial records including checking and savings account statements, retirement and brokerage account statements, tax returns, and credit card bills.

Continue Reading ››