Tag Archives: child support

How Will Remarriage Affect My Divorce Agreement in Illinois?

DuPage County divorce attorney spousal supportIf you have kids from a prior marriage, then you know that the divorce proceedings are hardly the last time you will hear from your former spouse. There are all sorts of things that you two must continue to work through, especially if your children are under the age of 18, including child supportparenting timeparental responsibilitiesspousal support, and much more. But how will this change if you decide to remarry? Will your new spouse be responsible for any of the parental responsibilities or child support? How will spousal support change? While at one time there was a clear-cut answer to all of these questions, in recent years, there is much more gray area when making some of these determinations in Illinois. The following is a look at how remarriage can change things after your divorce.

Remarriage and Its Impact on Divorce Obligations

With regards to spousal maintenance, the following is true in Illinois:

  • The recipient of spousal support immediately stops receiving spousal support payments the moment that he or she remarries or begins cohabitating in a romantic/conjugal relationship. The receiving spouse is required to immediately notify the spouse who is providing the support payments.

  • The spouse providing the support must continue providing that support if he or she gets remarried.

In terms of child support, things can get even trickier:

  • In recent years, the Illinois courts have been more deliberative on child support issues, considering it on a case-by-case basis. For example, the remarriage could result in the spouse providing child support having significantly more disposable income due to the comingling of funds with the new spouse. This can be taken into consideration should the recipient of the child support payments request a modification of parental responsibility orders to change the child support payment amount.

  • Overall, either spouse can request any modifications to the divorce agreement, including child support and spousal support orders, should the remarriage affect the fair and equitable decisions agreed upon through the divorce process. These orders can also alter the divorce agreement in such a way as to reallocate parental time or responsibilities in addition to finances should the two former spouses mutually agree to such changes.

Contact a Wheaton, IL Divorce Modification Attorney

You might think that remarriage is none of your former spouse’s business, but the truth is remarrying could impact your divorce agreement in ways you might not have anticipated. In cases when you think it might be necessary to modify your divorce decree due to your former spouse’s remarriage, consider speaking with a skilled DuPage County divorce lawyer. The compassionate professionals at Andrew Cores Family Law Group can help make sure you and your ex-spouse can reach a fair and equitable compromise. Call our office today at 630-871-1002 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

https://www.kiplinger.com/article/retirement/T065-C032-S014-getting-remarried-5-financial-steps-to-take-first.html

https://money.usnews.com/money/personal-finance/articles/financial-considerations-for-remarriage

 

How Common Is it for Mothers to Pay Child Support in Illinois?

DuPage County child support attorneyWhile it might be easy to assume that fathers usually end up being the ones paying child support after divorce, the truth these days is much more complicated than that. Although prior views of fathers being the primary breadwinners and mothers being the primary caregivers in the family dynamic were true for many years, this has become less and less common in this day and age. A look at the latest information proves that the times are certainly changing—as are the trends in child support and spousal support.

Latest Developments in Child and Spousal Support Defy Stereotypes

In 1979, the Supreme Court ruled that all alimony must be viewed as gender-neutral. This opened the door to men not always having to be the ones who are financially responsible for spousal maintenance payments after divorce. Since then, the latest developments in child support and spousal support payments alike have progressed in a way that defies stereotypes. For example:

  • The latest trends suggest that more and more women are paying some sort of support to men after divorce. Whether it is child support or spousal maintenance—or both—there has been an uptick in women paying money to their ex-husbands, as reported by many divorce attorneys over the last few years. This is representative of an overall shift in the economy, as not only are both men and women working full time despite being married and having kids, but in some cases, women are even becoming the primary breadwinners. In fact, Pew Research has found that mothers are the primary income earners in four out of 10 families in the United States.
  • As more women pay child support or spousal maintenance, more data is coming in to suggest that men are more likely to fulfill their financial obligations after divorces than women. Within the last decade, some data suggests that while about a quarter of all men failed to make their child support payments, close to 10% more women failed to make those same payments. In other words, the common stereotype of “deadbeat dads” is not always the case.

  • Despite dramatic shifts in family dynamics and the economy in recent years, the majority of child support and spousal maintenance payments are still made by men. Even though all of this new data and information suggests major changes in support payments after divorce, traces of the way things were still remain, with nearly five times as many men having to make support payments to their ex-spouses as women.

Contact a DuPage County Fathers’ Rights Lawyer

The times are changing, and so are family dynamics. Men are not the only ones responsible for spousal maintenance or child support payments. If you are a father or husband who is seeking financial support from your spouse, you have options. Call a Wheaton divorce attorney at 630-871-1002 for a free consultation to discuss your rights as a father and husband. The skilled team at Andrew Cores Family Law Group will give you the legal support and guidance you need.

Sources:

https://www.marketwatch.com/story/more-women-are-now-paying-alimony-and-child-support-2018-05-17-1882442

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

https://www.npr.org/2015/03/01/389945311/who-fails-to-pay-child-support-moms-at-a-higher-rate-than-dads

How Can I Avoid Bankruptcy After an Illinois Divorce?

Wheaton divorce and bankruptcy lawyerA recent survey found that 39% of people state that debt and other financial issues were a major factor that contributed to their divorce. It is no wonder that bankruptcy and divorce are so closely linked—not only can divorce itself often cost more money than many people expect, but the financial ramifications of the divorce are felt long after the proceedings are complete. From the division of marital debt to simply adjusting to living on a single income, life after divorce can get expensive. But that does not mean you have to file for bankruptcy. Here are some tips for keeping your finances in order after your marriage has ended:

6 Ways to Prevent Bankruptcy Following Divorce

While there are some things you can do to avoid bankruptcy that are common to just about any person, divorced or not, there are also some special things that you can do to protect yourself against bankruptcy when you are divorced. Some examples include:

  1. Increase Your Income—This is probably one of the very first tips a financial advisor will tell you if you are considering bankruptcy. Are there any ways for you to increase the money you make? The more money you have coming in, the less likely it will be that you will drown in debt. You may want to take on extra jobs (part time or otherwise), seek a promotion or a raise at work, rent out your house, sell your valuables, or borrow from family and friends if necessary.

  2. Decrease Your Spending—Another obvious option to avoid bankruptcy is to decrease your expenses. You can do this by drawing up a budget and sticking to it. Focus on the necessities in your budget and be realistic in terms of what you can afford. If you already have a budget, revise the budget and do your best to eliminate anything you do not need.

  3. Readjust to Being Without a Partner—A common problem that divorced people face is making the appropriate adjustments to their lifestyles. When you were married, you and your spouse pooled your finances and resources. You were probably able to afford more discretionary spending in your lives because you had two incomes and shared expenses, such as those associated with your house or apartment. Now that you are single again, you might want to reconsider how you will live your life. This could include relocating to somewhere cheaper, holding off on buying a new car, spending fewer nights on the town, or cooking meals at home rather than eating out.

  4. Remarry—You can always get back into the dating scene and find a new partner. This can help restore the sense of financial security and comfort you had before your divorce. However, you should keep in mind that if you rush into a new relationship before you are ready, you might end up divorced yet again.

  5. Restructure Your Mortgage and/or Renegotiate Your Debts—Divorced people, married couples, and single people alike can stave off bankruptcy by restructuring their mortgages or negotiating their debts. Overall, most financial institutions are interested in negotiating with you, because they would rather get more money from you now than receiving nothing from you later if you file for bankruptcy.

  6. Hire the Right Divorce Attorney from the Start—Here is the best advice we can give to you if you really want to avoid bankruptcy after divorce: seek legal representation from the right attorney at the beginning of the divorce process. If you find the right attorney, you can ensure that the terms of the divorce will be to your benefit, including making sure spousal support or child support payments will meet your needs and maintaining ownership of valuable assets during the division of property.

Contact a DuPage County Divorce Lawyer

Divorce is a big enough life event in itself, and you will not want bankruptcy to complicate things even further. Hire the right Wheaton family law attorney from the start of your divorce. If you enlist the help of the knowledgeable team at Andrew Cores Law Group, you will receive valuable, affordable legal counsel, ensuring that you will be awarded the optimum financial benefits from your divorce agreement. Call us at 630-871-1002 for a free consultation.

Sources:

https://finance.yahoo.com/news/debt-com-survey-divorced-americans-134500285.html

https://money.usnews.com/money/blogs/my-money/2012/05/16/5-ways-to-avoid-filing-for-bankruptcy

https://globalnews.ca/news/3377381/heartbroken-and-bankrupt-why-divorce-can-destroy-your-finances/