Category Archives: Marriage

How Can a Major Illness Affect a Marriage and Divorce?

Wheaton divorce lawyer for serious illnessIf you or your spouse have been diagnosed with a chronic or terminal illness, this can affect many aspects of your life and your marriage. Some of these major changes in your marriage might eventually lead to a divorce. Understanding how an illness can affect a relationship can help you determine the best way to proceed if you feel that divorce is your best option.

The Facts About Divorce and Major Illnesses

Multiple studies have analyzed the statistics surrounding the effects of chronic or terminal illness on marriages and divorce rates. In particular, the findings suggest that:

  • As expected, higher ages result in an increased likelihood of illness.

  • Husbands experience higher rates of illness than wives.

  • The onset of an illness for a husband does not increase the likelihood of a divorce.

  • The onset of an illness for a wife increases the likelihood of divorce by 6% when compared to a healthy couple.

  • Upon being diagnosed with a chronic illness, women suggested that they had more physical or psychological distress than men, which could be a contributing factor to divorce.

The Effects of Major Illness on Marriages

While many of the findings about illness and divorce rates are fascinating, they do not provide conclusive answers about when a marriage may break down. What researchers do know is that serious illness does not just affect the person diagnosed; it also affects everyone else in the home, especially the other spouse. For example, a serious illness can test a marriage in the following ways:

  • Caregiving—If the healthy spouse is tasked with being the primary caregiver for the ill spouse, then that spouse faces a great deal of stress. In particular, many men might be unaccustomed to caregiving. This can lead to marital problems if a husband feels overwhelmed at the tasks in front of him or if a wife is dissatisfied with the care she receives from her husband.

  • Finances—If a spouse’s illness makes it such that the other spouse must take on the responsibility of financially supporting the household, a role that they might not be accustomed to, then it adds additional challenges. Also, the healthy spouse might be expected to juggle other responsibilities, including caring for the sick spouse or the couple’s children, along with being in charge of the family’s finances. The ongoing stress of managing these responsibilities can lead to the breakdown of the marriage.

  • Family Life—The healthy spouse will usually be required to do more of the parenting of a couple’s children, and in some cases, they may even feel like a single parent. This may lead them to decide that they and their children would be better off if they got divorced.

  • Social Withdrawal—The support systems that healthy married couples normally rely on might be less accessible to couples facing a major illness. When spouses must deal with major life changes on their own, this can lead their marriage to break down.

Contact a DuPage County Divorce Lawyer

If you and your spouse are dealing with the stressful effects of a major illness, and you believe it would be in your best interests to get a divorce, the Wheaton divorce attorneys at Andrew Cores Family Law Group can help you understand your options. Call us at 630-871-1002 to set up a free consultation today.

Sources:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4857885/

https://www.medicalnewstoday.com/articles/290583.php#6

https://www.fatherly.com/health-science/why-sick-wives-increase-divorce-risk-not-sick-husbands/

https://www.theguardian.com/lifeandstyle/2016/jan/09/divorce-marriage-serious-illness-congestive-heart-failure

How Can a Child Support Order Be Modified in Illinois?

DuPage County child support modification attorneyAfter you have gone through a divorce and are paying or receiving child support, there may come a time when you believe the amount you pay or the child receives should be adjusted. In Illinois, this may be done through a modification review process.

When Can I Have My Child Support Order Modified?

Under Illinois family law, an order for child support is eligible for modification review every three years, or when there is a significant change in either parent’s income or in the needs of the child. In the case of a three-year review, a parent will receive a letter from the agency in charge, informing them of the right to request a review.

Who Conducts the Modification Review?

Modification reviews of child support orders in Illinois are done by the Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services (DCSS). The agency is tasked with the responsibility to make sure child support orders are consistent with applicable Illinois law and changed circumstances involving all concerned.

What Are the Requirements for Child Support Modification Review?

To qualify for a modification, one of the following conditions must be met:

  • At least three years must have passed since the date child support order was issued or since the date of the decision from the last modification review.

  • There is a substantial change in the non-custodial parent’s income.

  • There is nothing in the order that addresses the child’s healthcare coverage.

  • There is a written communication received by DCSS from the custodial parent, the non-custodial parent, or an agency in another state requesting a review.

If you have requested the modification review, both you and your ex-spouse will receive a letter from DCSS stating whether the order qualifies for modification review or not. You should expect this letter in 30 days or less from when DCSS receives your request. If the order qualifies for a modification, both you and your ex-spouse will be asked to provide information to be evaluated in determining whether your request should be granted.

What Happens After a Child Support Modification Review?

DCSS will analyze the information you and your ex-spouse provide to recalculate the amount of child support your child should receive. The results of the analysis will be sent to you by mail. This notice may state that the amount of child support payments will increase, decrease, or remain unchanged. If you disagree with the decision, the law allows you various ways you can have this decision itself reviewed.

Contact a DuPage County Child Support Lawyer

Requesting and obtaining a child support modification can be a complicated process, especially when there are other issues that cannot be resolved by DCSS. To ensure that the decisions made will meet your family’s needs while protecting your financial resources, you should work with an attorney who is experienced in family law and understands how the child support modification review process works. If you believe there are good reasons why child support ordered in your case should be modified, our knowledgeable Wheaton, IL family law attorneys are ready to help you get the modifications you need. To schedule a free consultation, call 630-871-1002 today.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3588.aspx

 

How Do Mothers’ Rights Impact an Illinois Divorce?

Wheaton divorce attorneyIn recent years, a lot of emphasis has been placed on fathers’ rights during and after a divorce. This is partly due to a trend in which many dads have taken more active roles in parenting compared to fathers in previous generations. In divorces that took place in the past, mothers were typically awarded what was called “sole custody” of the children, as well as alimony, child support, the marital home, and other assets. However, things often turn out differently in today’s divorces, since many mothers and fathers share in earning household income and raising children.

In modern divorce cases, mothers’ rights regarding child custody should not be automatically assumed like they often were in the past. During divorce, both parents should be sure to understand their rights and the ways they can reach a favorable outcome.

Protecting the Best Interests of the Child

In Illinois, the court is instructed to consider what is in the best interests of the child when it comes to the “allocation of parental responsibilities” (formerly known as child custody) and “parenting time” (formerly known as visitation). According to Illinois law, if married parents reside in the state, then a family court will decide on these matters as a part of their divorce proceedings. For an unmarried couple, paternity must be established before a court can address matters of parental responsibility and parenting time.

Many factors play a part in deciding parental rights. While the court will not necessarily address which parent is “better” or “worse,” it will consider how the decisions made will affect the child’s well-being. Some of these factors a judge will consider when determining what is in a child’s best interests include:

  • The wishes of the child’s parents regarding who will have parental responsibilities

  • The wishes of the child

  • The child’s relationship with parents, siblings, and other relatives

  • The child’s adjustment to their home, school, and community

  • The mental and physical health of all family members who are involved in the child’s life

  • The occurrence or threat of physical violence against the child by either parent

  • Any domestic abuse against the child or others in the household

  • The willingness of each parent to promote a continuing relationship between the child and the other parent

  • Whether either parent is a sex offender

Mothers play pivotal roles in the nurturing and development of their children. Therefore, they should have equal rights and a say in the outcome of a divorce, especially when it comes to future parenting.

Contact a Wheaton Family Law Attorney

There are many aspects to consider during a divorce, and decisions about parenting time and the allocation of parental responsibilities are often some of the most important issues to resolve. If you are a mother who is concerned about your rights as a divorcee, the compassionate legal team at Andrew Cores Family Law Group will explain your rights and work with you to reach a positive outcome to your case. Call a compassionate DuPage County divorce lawyer at 630-871-1002 to schedule a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59