Posted on December 10, 2021 in Divorce

One of the most difficult issues divorcing couples struggle to agree about is spousal maintenance. Previously known as alimony, spousal maintenance or spousal support is money paid by one spouse to another after an Illinois divorce while the receiving spouse becomes financially self-sufficient. Spousal maintenance may be paid in a lump sum or in monthly payments over a set period. Sometimes, for long marriages, spousal support is ordered to last indefinitely.  

Spouses who are ordered to pay spousal support sometimes feel upset that they are giving money to someone they are not married to anymore. This may be especially true if one spouse is petitioning for spousal support to be a nuisance to their ex, not because they genuinely need the financial assistance. If you believe your former spouse is wrongfully petitioning for spousal maintenance and you want to fight their claim, the information in this blog may be helpful to you. 

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 Posted on November 30, 2021 in Divorce

One of the most challenging parts of any divorce is the property division process. Ideally, a couple can work together to create an agreement for splitting their assets and debts equitably. However, sometimes court intervention is required for spouses who cannot negotiate productively or when there are other extenuating circumstances. 

One of the circumstances under which a court may get involved in dividing property is when one spouse has engaged in wasting, or “dissipating,” marital property. In this blog, we will discuss what marital asset dissipation is, how it can be proven, and how dissipated assets might be recovered. 

What is Marital Asset Dissipation in Illinois? 

A spouse can dissipate marital assets in many ways, but all forms of dissipation have one thing in common: Wasting, misusing, or extravagantly spending on things unrelated to the marriage when the relationship is undergoing an irretrievable breakdown. Some of the most common forms of dissipation include: 

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 Posted on November 29, 2021 in Divorce

Although it may seem difficult or even impossible, many spouses have been able to work through their differences and successfully negotiate a divorce agreement through mediation or other alternative dispute resolution methods. One important but challenging issue that many couples must address is that of spousal support, also known as alimony or spousal maintenance. 

Avoiding the hassle, expense, and conflict of litigating a divorce in court is usually best for everyone - especially if there are children involved. Although negotiating spousal support may be difficult, it is well worth the effort. Here are three tips for helping you begin. 

Successful Alimony Negotiations 

• Focus on finding a solution - Rather than hashing out old differences, stay task-oriented and work towards an outcome. Try not to make accusations; instead, communicate your feelings and focus on your priorities. 

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 Posted on November 18, 2021 in Divorce

Getting divorced involves learning an entirely new vocabulary. Discovery? Allocation? Retainers? Although the amount of new information can seem overwhelming, taking it step-by-step and having a great divorce attorney can help you understand everything you need to know about the divorce process. 

But most people who are getting a divorce have never hired an attorney before, so even that can seem daunting. In this blog post, we will explain the basics of how someone can retain an attorney and how attorneys usually get paid. 

How Do Lawyers Get Paid in a Divorce Case? 

Not everybody has the same needs or budget in their divorce, so hiring an attorney can look a little different for everybody. Many attorneys offer hourly rates, limited scope representation, contingency fee agreements, or flat rate representation. However, for most people, the process of getting the help of an attorney means paying a retainer first. 

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 Posted on November 12, 2021 in Divorce

Although some people getting divorced in Illinois want to hire an attorney who will represent them from the moment the divorce begins to the moment the final divorce decree is handed down, this is neither financially nor practically feasible for everyone. If you anticipate a simple divorce, have budgetary restraints, or simply have the desire to handle certain issues yourself, you may have another option: Limited scope representation. 

Illinois allows attorneys to limit the scope of their representation to clients if there are reasonable circumstances and the client understands and gives their consent. Attorneys can coach divorcees who wish to represent themselves, prepare evidence, and can even appear in court if necessary - but only if the client seeks that representation as part of their legal services. If you are considering getting divorced in Illinois and doubt that full-scale legal representation is right for you, read on. 

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 Posted on October 29, 2021 in Family Law

Child support payments are a crucial part of ensuring children are raised in a way that meets their physical and emotional needs following a divorce. Generally, child support ends once a child turns 18 or graduates high school or college. For some adults, mental and physical disabilities make it impossible for them to live independent lives. In cases like this, child support payments may be extended so the child can maintain a reasonable standard of living, even as an adult. 

If you are parenting a disabled child and want to know more about what this might mean for child support payments, this blog may be helpful to you. Keep in mind that every situation is unique and that a qualified Illinois child support attorney is the best person to give you advice tailored to your situation. 

Determining Child Support for Disabled Adult Dependants

In Illinois, child support payments are based on both parents’ incomes and the amount of time each parent spends with their child. This allows parents to split the cost of raising a child in a way that is fair to everyone. Illinois has standard tables it uses to calculate child support payments, but judges have leeway to modify payments if they would be unfair or insufficient. 

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 Posted on October 25, 2021 in Family Law

 Child support payments are legally binding obligations. Once a divorce order has been finalized, parents cannot simply choose not to pay child support because they feel it is unfair or they cannot afford it, nor can former spouses renegotiate child support payments themselves without the assistance of the court. 

If a parent fails to make child support payments, in addition to jeopardizing their children’s well-being, they face serious legal consequences. For the parent who should be receiving child support, the lack of resources coupled with the frustration of recovering payments can present a very difficult challenge. Having the help of a qualified attorney can make the process easier and take some of the burden off of your shoulders. 

Consequences of Failing to Pay Child Support

Illinois has many strategies to bring non-compliant parents current on their child support payments. If a parent does not pay child support, the other parent can notify the Illinois Division of Child Support Services (DCSS), which then begins monitoring the parent who is responsible for paying child support. Additionally, the Illinois Non-Support Punishment Act provides criminal charges for parents who fail to pay, especially if they do so repeatedly. 

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 Posted on October 15, 2021 in Family Law

 Child support is a notoriously difficult area of family law, both because of its emotional impact on the parents who give and receive it, and because of the complexity of the rules involved in determining and modifying the amount. 

Parents who are ordered to pay child support may feel angry or panicked if they worry they will not be able to make payments and maintain their own quality of life, but once a  child support order has been handed down, it is difficult to modify - even if the paying parent feels the order is deeply unfair. If you have been ordered to pay child support and you fear you cannot meet your obligations long-term, do not stop making your payments and consult a qualified Illinois child support attorney. 

When is it Possible to Modify an Illinois Child Support Order? 

During a couple’s divorce proceedings, judges will often order temporary child support. This can be modified at any time before the divorce decree is finalized. Once a divorce decree is finalized, the child support order can be modified at any time before the child support obligation terminates. There is no mandatory waiting period. That being said, Illinois law requires a “substantial change in circumstances” to have occurred before judges will approve an increase or decrease in child support. 

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 Posted on October 08, 2021 in Family Law

Parents going through a divorce in Illinois may experience some understandable anxiety when faced with the prospect of making or receiving child support payments. The paying parent may worry whether they will be able to afford their payments and sustain their current standard of living. The receiving parent may worry that payments will not get made and that their children will suffer as a result. 

Illinois courts and judges take many factors into account when establishing a parent’s child support obligations. Understanding how these decisions are made is an important part of planning for your financial future. In this blog, we will explain the methods generally used to determine child support payments. It is important to remember that the exact calculation can be a lengthy and complex process, and the best person to answer your questions is an experienced Illinois family law attorney. 

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 Posted on September 24, 2021 in Family Law

Although most spouses could comfortably walk away from their partner after a divorce and never speak to them again, reality does not work that way. Even after a couple gets divorced, several things can keep them connected long into the future. This is especially true if children are involved. Child support, spousal maintenance, and arranging shared parenting schedules often compel former spouses to work together for many years after the marriage has ended. 

This means that the decisions of each partner often affect the other, and few decisions have as much of an impact as the remarriage of a former spouse. Former spouses who wish to get remarried often wonder how their finances will change, and whether they will need to support two families and two spouses. This article will discuss the two most common issues a remarriage can impact - child support and spousal maintenance. 

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