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Recent Blog Posts
Can Changes Be Made to an Illinois Divorce Decree?
While some folks may believe that a divorce decree is a permanent and unchangeable legal document, there are actually many common circumstances that may call for modification of the decree. After all, life is rarely static, and you may experience a variety of life events and circumstances that might render your divorce decree unreasonable, invalid, or otherwise unfeasible.
Typical Reasons to Change Spousal Support or Child Support
In the years following a divorce, myriad circumstances may change for one or both parties that would require post-decree modifications. This is quite common with spousal support and child support. Some common situations in which support may need to be adjusted after a divorce include:
- An increase or reduction in income for either party;
How Are Child Support Obligations Determined in Illinois?
Children 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.
3 New Year’s Resolutions for the Recently Divorced
Going 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.
Should I Legally Adopt My Stepchild?
Step-children and their step-parents have unique relationships. Sometimes, step-parents can have a role similar to the child’s biological parents, while other times, step-parents and step-children may simply co-exist in the same household. This relationship can evolve over time, especially for children whose biological parent has passed away, or who still have a relationship with both of their biological parents. For step-parents who have a close relationship with their step-children, it may be beneficial to officially adopt their child. While doing this may not be the choice of every step-parent, some do choose to legally recognize the relationship with their step-child, with the help of an adoption attorney.
What Are the Benefits of Step-Parent Adoption?
Many step-parents who decide to adopt their step-children do so to officially recognize their relationship in the eyes of the law. This can make the relationship more legitimate, not just legally but also personally, and it can often bring a step-parent closer to their step-child. While there may be emotional benefits to adopting a step-child, there are also a variety of legal advantages that come along with this process:
How Can Parentage Be Legally Established in Illinois?
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.
How Is a Parenting Agreement Created in an Illinois Divorce?
If you are going through a divorce, you will need to make a variety of difficult decisions involving the separation of your life, your finances, and your property from your spouse. While this can be a lot to deal with, the situation can become even more complicated if you and your spouse have children, because both of you will need to address the allocation of parental responsibilities (formerly known as child custody in Illinois), as well as parenting time (formerly known as visitation), and the decisions about these issues will be written down in an agreement known as a parenting plan, which will be part of your divorce decree. When creating a parenting plan, it is important to work with an experienced family law attorney to ensure that your parental rights and your child’s best interests are protected.
Creating a Parenting Plan
A parenting plan is a legal document that addresses the responsibilities that each parent will have during a child’s upbringing. These responsibilities include making decisions regarding the child’s education, religion, healthcare, and extracurricular activities, and the authority to make decisions in each of these areas may be shared by the parents, or allocated to one parent. Furthermore, a parenting plan will specify where the child will live, the schedule of each parent’s parenting time, and the rules regarding transportation. It may also include the right of first refusal to ensure that a parent will be able to care for their child if the other parent is unavailable during his or her scheduled parenting time.
What Can and Cannot Be Included in an Illinois Prenuptial Agreement?
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.
What Is a Parent’s “Right of First Refusal” in Illinois?
For couples with children who are going through a divorce, one of the most important aspects of the process is ensuring that their child's best interests are met. The courts require that divorcing parents try to work together to create a parenting plan that will determine each parent’s level of authority in making decisions about raising the child, define schedules for the parenting time the child will spend with each parent, and address other relevant issues. If the parents cannot come to an agreement on these issues, these decisions will be made by the judge in their divorce case. The “right of first refusal” is one issue that may need to be addressed in a parenting plan.
What Is the “Right of First Refusal”?
When a parenting plan is approved by the court, it is expected that each parent will follow the court-ordered parenting time schedule. However, situations may arise in which a parent will not be available during their scheduled parenting time, and they may need to utilize a third-party caregiver, such as a daycare, grandparents, or babysitters for a significant period of time. In these situations, the other parent may want to have the option to care for the children.
3 Tips for Co-Parenting When Your Ex-Spouse Has a New Partner
If you are a newly-single parent adapting to life after divorce, moving on may be difficult, and you may be dealing with negative feelings toward your ex-spouse. Although it can be difficult to put those feelings aside, fostering the growth and development of your child should continue to be your primary goal. One dreaded scenario that may arise is meeting your ex’s new partner. This can be a challenging and stressful situation, but you will likely want to make an effort to get to know that person, as they will be a significant party in your child’s life. The following three tips can help the three of you work together as co-parents toward a happy and healthy upbringing for your child:
Understand the Position You Are in
You are likely to have mixed emotions about your ex’s new relationship, and this may lead to confusion for your child. The behaviors and feelings displayed by a parent can shape the thoughts and actions of children. Even though you may not be happy about meeting and dealing with your former spouse’s new partner, being willing to get to know them can be a good example for your child, encouraging them to form new relationships and branch out to meet new people. Ultimately, you cannot control what your ex does in their personal life, but demonstrating acceptance of their new partner will likely promote your child’s happiness and well-being in both households.
How Long Does a Divorce Case Take?
Feelings of anxiety and stress are common for any couple which is moving forward with the dissolution of their marriage. A divorce can be a complex matter which can have a lasting effect on everyone involved. Going into a divorce, most people are unfamiliar with the steps involved, the legal requirements that must be met, and the length of time needed. Dissolving a marriage is never fun, and you may want to get your divorce over with as quickly as possible. However, there are certain factors that can cause the divorce process to go on longer, and so working with a knowledgeable divorce attorney is essential to ensure the process can conclude in a timely matter.
Is Your Divorce Contested or Uncontested?
While there is likely to be some level of disagreement between almost all divorcing spouses, determining what areas may cause the most contentious disputes can help take some of the surprises out of the process. Compromise is crucial during divorce, and if you and your ex-spouse are able to work together to reach a divorce settlement, this can save a great deal of time and money. If you can make the decision to “pick your battles,” you may be able to avoid long, drawn-out disputes. However, there may be some issues that you will be unable to resolve between the two of you, and so regarding those issues, it may be necessary to have the court make those decisions for you.
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