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Law Office of Vincent C. Machroli, P.C.
High Point Plaza, 4415 West Harrison Street, Suite 213, Hillside, IL 60162
High Point Plaza, 4415 West Harrison Street, Suite 213
Hillside, IL 60162

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708-449-7404

Hillside, IL empty nest divorce lawyerIt is a fact of life that children will eventually move on and leave the house when they reach a certain age. For many families, this occurs when kids head off to college, while for others, children may remain living at home for longer. Regardless of when the kids leave, it is not uncommon for parents to feel a sense of loss and uncertainty when their children move out. 

For many couples with children, their kids can become their whole life. Mornings may involve serving breakfast and packing lunches before kids head off to school, weeknights may be focused on helping with homework, and weekends can be all about sports tournaments and other activities. However, what may seem like chores and responsibilities can be sorely missed when they disappear from your everyday schedule. When these tasks vanish, and you and your spouse have more time alone with each other, it can be beneficial for your relationship, or it may expose unresolved conflicts and difficulties, which might result in a divorce.

When Is Divorce Necessary After Children Leave the Nest?

It is common for couples to experience a strong sense of loss when their children move out. For some parents, “empty nest syndrome” can make them realize that the only thing keeping their marriage together was their kids. If you are wondering whether divorce might be your best option after your children have left home, you may want to consider the following:

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Oak Park child support attorneyChildren deserve to receive financial support from both of their parents, whether a mother and father are married, unmarried, or divorced. In order to help unmarried or divorced parents share the costs of raising a child, a court may order one parent to make child support payments to the other. In Illinois, child support is calculated using the “Income Shares” method, which takes both parents’ financial circumstances into consideration. If a parent fails to fulfill his or her child support obligations, he or she can face serious civil and even criminal consequences. Child support orders may be modified later if one of the parents experiences a “substantial change in circumstances” that necessitates the change.

The “Income Shares” Model for Calculating Child Support

Before major changes were made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in 2017, child support was determined using a simple percentage of the paying parent’s income. For example, if a parent had two children with an ex-spouse, he or she would pay a monthly child support payment that was 28 percent of his or her monthly take-home income. Currently, however, Illinois uses a different model to calculate child support. This calculation method takes both parents’ net incomes, as well as the amount of parenting time each parent has, into consideration in order to arrive at an amount that is fair and reasonable. 

To calculate the amount of child support payments, each parent’s net income is established by taking their gross income and subtracting certain deductions, such as taxes, health insurance premiums, mandatory retirement contributions, and previous child support or spousal support obligations. Next, the total amount of money needed to support the child is determined based on the amount parents who earn that combined income would typically spend to support the number of children they share. Finally, this cost is split proportionally between the parents based on their net incomes. The parent who has the majority of parenting time will typically be the recipient of child support, and the other parent will be the payor.

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Oak Park divorce lawyer post-decree mattersGoing into a new year, many people often try to set goals in order to improve their everyday lives. These resolutions may range from promises to eat healthier to working towards a better career, and there are limitless possibilities for self-improvement. If you are trying to move past a divorce, there are several goals that you can put into place to help make this task easier to achieve. While beginning a new year alone can be difficult, there are a number of positive steps you can take that can help you build a successful life after your marriage has ended.

Act Appropriately Towards Your Ex

Following your divorce, you and your ex-spouse may still have to communicate with each other on a regular basis. Whether it is due to child custody, child support, or different post-decree matters, a variety of situations may arise that will require the two of you to cross paths and interact. By treating your ex with respect and kindness when possible, you can avoid a toxic relationship and reduce stress in your life.

If, however, your ex chooses to act in a way that increases conflict, it is highly recommended to remove yourself from the situation and seek help. Utilizing a support system that includes friends, family members, and a therapist or other trained professionals can provide you with a safe space where you can express your thoughts and feelings. You may also need to seek out legal help if you need to obtain a restraining order to protect your safety, or to possibly modify or enforce the terms of your divorce decree.

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Hillside legal parentage lawyer

Parentage (which is also known as paternity) is the legal relationship between a parent and his or her child. If a couple was married or in a civil union when their child was born or within 300 days before the birth, the mother’s spouse is presumed to be the father. However, if the mother and father were not married or in a civil union, paternity must be legally established. Naming a child’s legal parents is important, because it ensures that both parents have a right to participate in the allocation of parental responsibilities, and it allows the child to receive the necessary child support. For fathers who are trying to protect their parental rights or mothers who wish to confirm the parentage of their child, it is important to speak to an experienced family law attorney.       

Voluntary Acknowledgement of Paternity

If there is a mutual agreement between two parties about who the father is, a Voluntary Acknowledgement of Paternity (VAP) can be completed, signed, and filed with the Illinois Department of Healthcare and Family Services (DHFS). This will allow the father's name to be added to the child's birth certificate. A VAP can be completed at any time after the child is born, and the signing must be witnessed by a person who is 18 years or older who is not named on the document. 

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Hillside prenup lawyer alimony property division

Marriage is a big decision, and before entering into that legal partnership with your spouse, you may want to take steps to protect your rights, your property, and your finances. In many cases, a prenuptial agreement can be beneficial for both spouses. However, before entering into a premarital agreement, you will need clarification on what can and cannot be included in the prenup. Discussing your thoughts and ideas with an experienced family law attorney will ensure that you understand how to create an agreement that meets your needs.  

Personal Matters

Before getting married, you may want to address how certain matters will be handled between you and your spouse. While a prenup may include certain rules about personal issues such as chores, holiday plans, friendships, or hobbies, these terms will typically not be legally enforceable. For example, you may want to make an agreement about who will be responsible for cooking and cleaning, but a prenup cannot impose penalties if one spouse fails to abide by these arrangements. You should speak to your attorney to discuss whether to include these types of terms in your prenup.

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