Posted on July 21,2015 in Child Custody

A recent blog post discussed five common mistakes former spouses and parents may make as they move through the divorce and child custody plan processes. Since obtaining custody is a battle fraught with emotion and tension, mistakes are easy to make, and it is important for parents to understand how best to avoid them. Parents seeking custody of their child(ren) should always be looking out for the best interest of their child(ren) and should avoid the following scenarios during the child custody negotiation process.

Mistake Six: Using Your Children to Spy on Your Spouse

Parents should not coerce or encourage their child(ren) to gather information about their spouse or the happenings in their spouse’s household. This tactic is frowned upon, and if it becomes knows by the judge, the court, or the opposing attorney, the parent engaged in spying can have most or all of their custody privileges denied.

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 Posted on July 21,2015 in Paternity

For children born to unmarried parents in the State of Illinois, paternity can come into question by the legal system. Paternity rights are automatically granted to married couples, however, if the parents are not married, state authorities or the courts will step in to decide paternity and rule on custody and child support cases. In 1984, the Illinois General Assembly drafted the Illinois Parentage Act to secure and protect rights for unmarried couples and their children. This law recognizes that all children have the right to “physical, mental, emotional, and monetary support of his or her parents.”

Unwed Mothers Automatically Gain Custody under State Law

In cases where paternity may be in question, or a father is not present, unwed mothers are automatically granted full custody of their children. Fathers seeking custody need to file a paternity action, and will have no rights to the child until legal paternity has been determined. Mothers can also file for paternity action.

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 Posted on July 21,2015 in Child Custody

In the event of a divorce, determining custody of the couple’s child(ren) can be the most emotional part of the process. Gaining custody tends to be the primary focus for each parent, above all other allocations. With the amount of pressure placed on custody hearings, divorcing couples often make mistakes that can negatively impact the court’s determination regarding the child custody plan.

The most important thing to remember during custody negotiations is the priority of the child’s well-being. In order to determine a favorable outcome, parents should be aware of five mistakes that can have a significant impact on the outcome of the proceedings.

Mistake One: The couple’s hostility toward each other is more apparent than their love for their children.

The court will come to a decision based on their determination on what will be best for the child(ren). Divorcing parents should never let negative feelings toward their spouse be made known to their child(ren). Parents should refrain from speaking negatively about the child(ren)’s father or mother if the child(ren) could overhear, and should also avoid posting negative comments on social media or other public platforms.

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 Posted on July 21,2015 in Division of Assets

It is common during divorce proceedings for one spouse to be more financially prepared than the other. Oftentimes, the spouse with the higher income starts diverting assets to hidden accounts that will not be declared in the event of a divorce. This asset manipulation benefits the prepared individual, while their partner is left with less than their due. These practices are both unethical and illegal, and affect all types of divorcing couples, from the wealthy to lower-income families.

Most Couples Have Only One Money Manager

Even in marriages where both partners are employed, one individual usually has more control over the finances than the other. Paying bills, managing accounts, investing, and saving is handled by the husband or the wife; not by both partners in tandem. As such, the spouse who manages the accounts and the financial resources has an advantage in the opportunity to manipulate assets.

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 Posted on July 21,2015 in Divorce

The divorce rate in the United States has been on the decline for the past 30 years. Unfortunately, that statistic only applies to younger couples, specifically those under 50. Older couples (50+) are experiencing the highest divorce rate ever for their age group. According to the American Association of Retired People (AARP), in the age 50+ demographic, the decision to begin divorce proceedings is initially made by the wife in more than 60 percent of cases.

Longer Life Expectancy is Leading to Cultural Shifts in Society

The reasons that older couples are divorcing at a much higher rate have to do with cultural, health, and social reasons. In a country where more than half of marriages fail, divorce has become part of the culture and is now considered an acceptable social norm. Additionally, with Baby Boomers living longer, partnership is viewed more critically. Older individuals want to enjoy their retirement to the fullest and are more likely to end an unhappy relationship than previous generations.

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 Posted on July 21,2015 in College Expenses

Funding a college education for one child or several is a challenging endeavor for most families. Regardless of whether the parents of the children wishing to attend college are married or divorced, the current costs of higher education in the U.S. are daunting to say the least. However, for families that are being managed by divorced co-parents, the finances and logistics of paying for college or university often have an extra level of difficulty. This is particularly true if the divorce occurred when the children were young and no advance provisions were made in the divorce settlement.

Settlement Agreements Often Fail to Include College Expense Planning

Marital settlement agreements can often fail to designate each parent’s financial responsibilities for the children’s advanced education for a variety of reasons. With so many issues to be agreed upon during the divorce process, the added stress of pre-planning a large, but unknown, future expense can be easily relegated to an issue of lesser overall importance at the time. However, if and when the children in question begin the college admissions process, many couples discover that defining their individual responsibilities regarding college tuition and expenses at the time of the divorce settlement would have been a more prudent decision.

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 Posted on July 21,2015 in Spousal Maintenance

Illinois law stipulates that property or assets that couples acquire in the course of a marriage are to be equitably divided in the event of a divorce. However, this does not imply that all of the joint assets will be split 50 percent between the two partners.

January 2015 Ushered in New Law

Prior to January 2015, maintenance determinations were left to the discretion of Illinois family court judges. Judges were authorized to use their authority and best judgment to determine what would be an equitable division of assets per each couple’s unique circumstances.Mathematical formulations were used to determine child support, but for spousal support or, maintenance as it is commonly referred to in Illinois, there was no mathematical formula for a judge to reference.

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 Posted on July 21,2015 in Child Custody

Parental Alienation Syndrome (PAS) is a recognized disorder that affects nearly all child custody cases at one time or another, and to one extent or another. It is normally defined as a series of actions, or inactions, which are designed to poison the relationship between the children and one of the parents. In many cases, the mother launches a campaign to discredit the father in the eyes of the children. PAS has been called “maternal brainwashing” by some, and that label is entirely false. More than likely, the high incidence of maternal-child PAS is not a function of the mother’s animus, but a function of the high rate of maternal custody in these situations. Moreover, PAS is not “brainwashing.” Many times, the parent’s behavior may be indirect and perhaps even unintentional, at least on some level. Some Signs Parental Alienation Syndrome is typically like bricks in a wall. Taken individually, they may be largely harmless. However, when put together, they can build a nearly impenetrable wall between a non-custodial parent (NCP) and their children. Some common examples include the following situations:

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 Posted on April 23,2015 in Divorce

In a new study funded by the National Institute on Aging, researchers from the University of Indianapolis and Iowa State University published data that appears to indicate that the risk of divorce is heightened if one partner, specifically the wife in a heterosexual coupling, is diagnosed with a serious or chronic illness. If the wife contracts an illness, the marriage was found to have a six percent greater chance of ending in divorce than if the husband is diagnosed as ill.

Chronic Health Issues and Divorce

In a sampling of almost three thousand married couples with at least one partner age fifty or older, the study’s findings show that if either partner contracts a serious illness there is a thirty-percent chance that the marriage will end in divorce. There is a nearly twenty-five percent chance the marriage will end in widowhood.

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 Posted on April 20,2015 in Prenuptial Agreements

You often hear about prenuptial agreements in connection with Hollywood or sports celebrities. These agreements outline, in a legal document, what will happen with assets (and debts) that you both bring into the marriage. Touted by many as being unromantic, such agreements in Illinois actually have quite a few benefits. Also, you do not have to be a rock star or a matinee idol to take advantage of them.

Why Get a Prenup?

1. It keeps family property in the family. If you have a family farm, a family business or an ancestral house that you would like to leave to your children (and their children), a prenup agreement can assure that even if you and your new spouse divorce, the family property that your predecessors worked so hard for won't leave your family.

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