Tag Archives: Wheaton divorce lawyers

When Is Supervised Parenting Time Appropriate in an Illinois Divorce?

Wheaton-supervised-parenting-time-lawyerDuring and after a divorce, the Illinois Marriage and Dissolution of Marriage Act allows both parents to have reasonable parenting time with their child. In some situations, if a parent is worried about his or her child’s physical or mental well-being when spending time with the other parent, he or she can request a hearing to ask for supervised visits. The parent requesting this supervision needs to show evidence to support this request. If you are ordered to have supervised parenting time with your child, an experienced family law attorney can help you determine the best way to proceed.

Factors that May Require Supervision

Many factors are considered when deciding if parenting time will be supervised or not. In general, Illinois courts prefer to promote a healthy parent-child relationship, even during disputes over parental responsibilities (child custody). For a parent to have supervised parenting time, the court must consider the child to be in serious danger if he or she were to be left alone for a period of time with that parent. The court also has the right to modify an existing parenting time order if needed.
If two ex-spouses have an argument, or if one parent does not like the other parent’s new partner, that typically does not qualify as seriously endangering the child mentally, physically, or emotionally. On the other hand, if the other parent (or his or her new love interest) is physically or verbally abusive to the child, that is grounds for seeking supervised parenting time. In some cases involving domestic abuse to the other parent or the child, the court may issue an order of protection to limit or restrict an allegedly abusive parent’s access to the child entirely.
If one parent is diagnosed as mentally ill or is found to be abusing drugs or alcohol, those would be valid reasons for supervised parenting time. After a certain amount of time, supervised parenting time orders can be reviewed to determine if they should be reversed or modified. This could happen in cases where an alcoholic parent becomes sober, or if they are under the care of a physician and are seeking treatment or therapy for a mental disorder.

Who Can Supervise Parenting Time?

Once supervised parenting time is ordered, the court can appoint another family member, a friend, or a third party to supervise the visits between a parent and child. Supervised parenting time centers can provide a neutral meeting place where trained staff or social workers can observe the visits. In most scenarios, there is no fee for low-income families to attend these centers.
In Illinois, courts can place other types of restrictions on parenting time if they determine it is necessary or in the best interest of the child, including specifying certain locations for visits,  denying parenting time when the parent is under the influence of drugs or alcohol, or restricting overnight parenting time.
Normally, only parents have a legal right to parenting time. In certain situations, however,  grandparents, great-grandparents, step-parents, and siblings can request a visitation order from the court if they so choose.

Contact a DuPage County Parenting Time Lawyer

Divorce can be difficult in many ways. If certain events lead to you being required to have supervised parenting time with your child, you should speak to a diligent Wheaton family law attorney. We can review your case to determine if the order can be reversed or modified. Call our office today at 630-871-1002 for a free consultation.

Sources: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000



Tips for Modifying a Divorce Agreement in Illinois

DuPage County Divorce Modification LawyerSometimes life simply does not work out as we plan. This can include marriage, but also the divorce agreement that is put in place at the end of the divorce process. Over time, some of our life situations change, which necessitates the need for divorce modification. If you and your ex-spouse agree on the necessary adjustments, the process is relatively stress-free. If you do not see eye-to-eye, it becomes more complicated.

Timing is Everything

If you need to modify the property division terms, you must do so before the period for appeal expires. According to Illinois law, you have 30 days after the filing of the final divorce agreement to file a motion, after which, only specific topics qualify for amendment. The topics eligible for modification include parenting time, child support, and spousal maintenance.

Burden of Proof

To alter your standing agreement, you must have sufficient evidence supporting the claim that a modification is necessary. A divorce decree can only be modified if there is proof of a significant change in one or both parties’ circumstances. What constitutes substantial change is different for every case and is based on the sole discretion of the court. Conditions which may warrant an adjustment include a change in employment, change in marital status, serious health problems, and relocation.

Judge Approval

Although it is possible for you and your ex to negotiate a deal that works, without final approval from a judge, nothing you agree to is enforceable in court. Therefore, it is vital to involve the court, no matter how badly you would prefer to avoid it. If you choose to take care of it on your own, and your ex reports you for acting outside of the boundaries of the original decree, the judge will likely abide by the existing order, rather than your claims of another agreement.

Contact a DuPage County Divorce Attorney

Changing a divorce decree requires the same level of adept legal representation as divorce itself. If life changes have affected parts of your agreement, a Wheaton, IL divorce modification lawyer can help. At Andrew Cores Family Law Group, we understand your situation and will help guide you through the process as quickly and stress-free as possible. Find out how we can help by calling our office today at 630-871-1002 to schedule your free initial consultation.



Tax Season and Divorce: New 2019 Illinois Laws

Wheaton, IL Divorce LawyerDivorce laws can seem daunting for individuals who face the end of their marriage. As of January 1, 2019, Illinois regulations became slightly more complicated as new laws swept across the state and country. One significant alteration to the Illinois Marriage and Dissolution of Marriage Act drastically impacts tax claims on spousal maintenance payments.

Spousal Maintenance and Taxes

Until now, alimony has been tax deductible to the payer and taxable income for the recipient. However, for divorces filed after the beginning of the year, spousal maintenance no longer qualifies as a tax deduction to the paying spouse. Simultaneously, the recipient can no longer claim the payment as a part of gross income. Because of the tax implications, this caused a rush on divorces toward the end of 2018, as experts say couples now have less to split between them because of the law change.

The Grandfather Clause

Did your divorce finalize on or before December 31, 2018? If so, you still qualify for the previous tax regulations. If you did not sign your agreement until after that date, or you modified your contract, the new rules become applicable. Anyone considering adjustments to their divorce agreement from now on should be extremely cautious, and as always, seek the assistance of an experienced attorney.

Pre- and Post-Nuptial Agreements

Many couples choose to protect themselves and their interests by filing a marital agreement outlining what they would like to happen should the marriage end in divorce. If you have an existing prenup or postnup agreement, consider having it reviewed by a skilled divorce attorney. These new regulations potentially nullify some items in these agreements.

Contact a DuPage County Divorce Lawyer

If you have questions regarding the impact of new laws with your existing divorce agreement, or if you are considering divorce, an experienced Wheaton, IL divorce attorney can help. Andrew Cores Family Law Group understands the stress that comes with the divorce process and will work diligently to guide and fight for you throughout. Call us today to schedule your free initial consultation at 630-871-1002.