Tag Archives: Illinois divorce lawyer

What Are Parenting Time Rights in an Illinois Divorce?

DuPage County parenting time attorneyGoing through a divorce can be difficult on an adult as well as a child. The end of a marriage also means the end of the family unit as they knew it. Determining child visitation, now referred to as “parenting time” in Illinois, can be a complicated matter. The child’s best interest is what the court considers when parenting time rights are being established in any divorce settlement. Parenting time can be divided in many different ways, but it is imperative that the parents keep personal preferences out of the equation and devise a plan that works best for the child.

Determining the Child’s Best Interests

It is recognized by the state that in most cases, it is best for children to have a healthy relationship with both their mother and father, and those familial bonds are essential in their development. While parents may be able to reach an agreement on how to share parenting time, they may need to settle these issues in court if they cannot do so on their own. A judge will consider various types of information when determining the best outcome for the child, and the following elements are taken under advisement:

  • Parents’ wishes

  • Child’s wishes

  • Child’s age

  • Time and dedication the parent can provide

  • Life at home, school, and community

  • Mental and physical health of all involved parties

  • History of violence

  • Parents’ willingness to co-exist

  • Whether a parent is an active military member

  • Whether a parent is a convicted criminal

Keeping all of these factors in mind is crucial to ensure that the child receives the best possible care and upbringing. In some cases, certain factors might have more weight than others when deciding parenting time. It is up to the parents and their attorneys to ensure everything is communicated properly to the court.

Possible Outcomes

The allocation of parental responsibility (formerly known as child custody) refers to the authority to make decisions about children’s upbringing, and responsibility may be shared between parents or allocated to one parent. However, regardless of how these responsibilities are allocated, each parent is entitled to reasonable parenting time with their children, as long as the child will not be endangered during their periods of parenting time. A parenting time schedule will be included in the parenting plan that is part of a couple’s divorce decree. While this schedule is meant to remain in place for the foreseeable future, modification of parenting time is possible in certain scenarios, such as emergency orders of protection, a change in parental income, the relocation of a spouse, or other situations.

Contact a Wheaton, IL Parenting Time Attorney

Divorce is not easy for anyone, especially if it involves a child who now has to split time between two parents. This can cause anxiety for all involved parties. As a parent, ensuring the best for your child should be of the utmost importance. The devoted attorneys at Andrew Cores Family Law Group will take the time to ensure that you understand your rights to parenting time, and we will work with you to help secure the best possible outcome for you and your child. Our experienced DuPage County divorce attorneys will work with you every step of the way during the proceedings. To schedule a free consultation, call our office today at 630-871-1002.

Sources:

https://www.liveabout.com/illinois-child-custody-guidelines-2997106

http://www.ilga.gov/legislation/101/HB/10100HB0185.htm

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

 

What Are the Advantages of Family Counseling in an Illinois Divorce?

Wheaton divorce attorneyThe decision to end a marriage is a momentous one, and most couples do not make this choice lightly. Many spouses choose to go to couples’ counseling before they decide to divorce. A new trend in therapy involves both parents and children, and it is often referred to as family counseling. This type of therapy can help families before, during, and after a divorce. It provides an outlet for parents and their children to share what is on their minds in a neutral setting.

Benefits of Family Therapy

Divorce is not easy under any circumstances, especially when children are involved. Children often have a difficult time during their parents’ divorce, since they do not have a choice in the decision. However, family counseling can help ease the distress that comes with the end of a marriage, and it can offer everyone ways to move forward in a healthy manner.

For families that are going through a difficult divorce, counseling can help family members communicate better during conflict. Parents will learn techniques for how to calmly talk to each other without getting overly emotional. During and after divorce, it is likely the children will have to split time between the two parents, and they may even have to move out of the marital home altogether. This can be very traumatic for them, and family therapy can provide them with a way to talk about their feelings instead of keeping them bottled inside.

Family counseling sessions are typically led by a marriage and family therapist (MFT), who could be a psychologist, social worker, or therapist who has specialized training. Some of the topics that may come up during family counseling include:

  • Infidelity

  • Substance abuse

  • Mental illness

  • Financial problems

  • Conflict between siblings

  • Children’s behavioral problems

  • Care for a family member with special needs

  • Shared custody of children

It is best to research therapists to find one who is formally trained in family therapy, and families can also narrow their search down to a therapist who has experience in specific issues. For example, if drug or alcohol addiction is a factor that in the breakdown of the parents’ marriage, a therapist who specializes in these matters may be most beneficial. Parents must also consider how much the therapy will cost and whether it will be covered by insurance. In some cases, payment plan options are available. The office location and hours should also be considered, as well as how long each session will last. These are important factors to be aware of when scheduling around children’s sports or extracurricular activities.

A therapist can help family members communicate better, solve problems, and reach compromises. Family therapy can last for as many sessions as the family needs, but 12 sessions is a good average, and families can often benefit from meeting once a week. Family therapy does not necessarily make problems disappear, but it can give parents and children new skills to manage the stress associated with divorce.

Contact a DuPage County Divorce Lawyer

Going through a divorce can be difficult, and it takes a significant emotional toll on the whole family. The Andrew Cores Family Law Group has experience in many different types of divorce cases. Our Wheaton divorce attorneys will guide you through the steps of the divorce process, ensuring that you consider everything that could impact your family’s future. Call 630-871-1002 to schedule a free consultation.

Sources:

https://www.webmd.com/parenting/family-therapy-overview#1

https://www.aamft.org/Consumer_Updates/Managing_Conflict_During_Divorce.aspx