Posted on February 11, 2022 in Child Support

Before major changes to Illinois’ child support laws in 2017, parents could calculate their child support obligations according to the paying parent’s income and how many minor children they had to support. Today, Illinois uses a new method called the “income shares” method. Parents getting divorced, as well as parents who are modifying an old child support order given before the change in the law, will have payments calculated according to both parents’ net incomes and parenting time allocation. If you are paying child support to more than one person, it is important to understand how the income shares method impacts you.

What Is Illinois’ Income Shares Method?

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 Posted on February 04, 2022 in Finances and Divorce

In an ideal world, love would be all we need to be happily married; in real life, financial conflict can lead to serious problems in a marriage. Whether one spouse refuses to live within their means, does not pursue gainful employment, or consistently fails to pay monthly bills on time, differences in financial behaviors and opinion about how to manage finances leads to many divorces in Illinois.

In some situations, the financial problems a couple faces may leave them contemplating bankruptcy as they are simultaneously filing for divorce. Understanding how divorce and bankruptcy can influence each other is essential for making wise decisions about your finances now and setting yourself up for success in the future.

Can We File for Divorce and Bankruptcy at the Same Time?

While a couple can technically file for divorce at the same time as they file for bankruptcy, bankruptcy is a federal process that will take precedence over divorce. A bankruptcy court may require a couple to finalize their debt problems before they finalize their divorce, which could delay the divorce and make it more difficult to address personal issues between spouses that may be causing the financial problems to begin with. An Illinois judge may allow the parts of the divorce that are unrelated to finances to move forward, but the final divorce decree will not be handed down until the bankruptcy is complete.

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 Posted on January 31, 2022 in Divorce

Many marriages in Illinois are ended either directly or indirectly through infidelity. When a spouse finds out their partner is cheating on them, they may feel an entire range of emotions, from surprise and anger to betrayal and confusion. One common question that spouses who have been cheated on have for their attorneys is whether they can pursue legal action against their cheating spouse or the spouse’s new partner. 

In previous years, the answer was yes. Illinois used to allow jilted spouses to pursue something known as “heartbalm torts”. Essentially, these were civil claims allowing a spouse to sue a third party for damages caused by infidelity. But in 2015, Illinois abolished these so-called “heartbalm torts.” However, if your partner’s infidelity contributed to the loss of marital funds before the divorce, or suggests they may be unfit for parental responsibilities, you may still be able to take action. 

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 Posted on January 24, 2022 in Divorce

Most divorced couples never want to see the inside of an Illinois courtroom again. But life changes over time, and the circumstances that necessitated certain arrangements in a divorce decree may no longer apply. If you are divorced and have recently experienced a significant change in your circumstances, you may want to petition an Illinois court for a divorce decree modification. Modifications are only approved in specific circumstances; for more information about whether you may be able to request a modification, read on. 

When Can a Divorce Decree Be Modified in DuPage County? 

A divorce decree usually permanently settles all the issues in a divorce. Property division, child custody arrangements, and spousal support are all described in detail in a divorce decree and courts will not usually modify the terms unless certain requirements are met. 

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 Posted on January 20, 2022 in Family Law

Parents of young children often have bitter or hostile feelings towards each other after divorce. Although Illinois is a no-fault divorce state, meaning parents can get divorced for any reason, anger over issues like infidelity, emotional unavailability, abuse, or neglect can often linger long after the divorce proceedings have ended. If you fear that bitterness over the divorce is causing your ex to interfere in your relationship with your child, an experienced Illinois family lawyer may be able to help. 

What is Parental Alienation? 

One way some parents deal with their negative emotions towards each other is by trying to get revenge through certain behaviors with their children. Some parents may not even do this on purpose; they may simply be so angry towards their ex that it comes out in every aspect of their lives. Regardless of the reason, children can suffer tremendously when one parent tries to alienate them from their other parent. When this reaches the point that a parent is trying to interfere with a parenting agreement or causing serious disruption to the parent-child relationship, it may be time to take action. 

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 Posted on January 17, 2022 in Divorce

Divorce is notorious for being difficult to afford, yet people on tight budgets finalize their Illinois divorces every day. While the services of a great attorney are rarely free, there is no reason that financial restraints should force anyone to stay in a terrible relationship. If you are considering divorce in Illinois and are wondering if you can afford it, here are five tips for making divorce more affordable. 

Use a Mediator

One of the things that can make divorce more expensive is a long, drawn-out negotiation period. When spouses cannot agree on important issues like parenting time and asset division, a trained mediator can help them meet, prioritize, and stay focused on problem-solving without letting personal issues get in the way. Although it may seem counter-intuitive, paying for a mediator early in your divorce can help you save a lot of money in the long run. 

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 Posted on January 13, 2022 in Divorce

Nobody gets married planning to get divorced, yet the statistics on how many marriages ultimately end are widely known. The truth is, even with the best of hopes, people grow apart, life throws unexpected curveballs at all of us, and the things we want can change over time. 

Married couples tend to go through similar life stages, and certain major changes frequently trigger divorce. Difficulty adjusting to a new reality, a shift in perspective, or a realization that a couple no longer shares priorities or common goals can all put enormous stress on a marriage. Here are five significant life events that may lead to or contribute to divorce. 

Childbirth 

While most first-time parents look forward to the birth of their first child, infants bring with them many new stressors and a serious lack of sleep. As a result, relationship satisfaction tends to plummet with very young children. A couple’s difficulties tend to become exacerbated rather than healed. Sometimes, this can lead to a permanent breakdown in the relationship. 

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 Posted on January 06, 2022 in Family Law

Many divorcing parents find the prospect of splitting time with their children to be frustrating and difficult. Oftentimes, parents get a divorce in the first place because they differ so significantly on how they believe children should be raised. Even with the best intentions, sharing parenting time and parental responsibilities is a daunting task. 

When parents first begin the divorce process, they will likely encounter some terms that are unique to them - especially because Illinois no longer uses the term “custody,” but rather “parenting time” (formerly visitation) and “parental responsibilities” (formerly custody). While parenting time is fairly straightforward, the term parental responsibilities means significant decision-making responsibilities; but what exactly are those? To find out, read on. 

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 Posted on December 30, 2021 in Divorce

For most couples, determining which assets are marital property and which are individual property is fairly straightforward. Many couples own a house, a couple of cars, and shared bank accounts, all of which are probably marital property. However, for some couples–especially those with high net worth, family inheritance, or inadequate prenuptial agreements–questions about which assets are marital property can become very contentious. 

This process is complicated by the fact that some spouses will try to claim property they know is not theirs, or hide property that is technically marital property to try to enhance their financial position after a divorce. If you are in this situation and want to ensure you get a fair division of marital property, an experienced Illinois divorce attorney with the assistance of a professional forensic accountant may be able to help you. 

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 Posted on December 27, 2021 in Divorce

Ask any parent and they will tell you that a convenient benefit of having children is being able to claim them as a deduction on a tax return. Married parents receive a significant financial break when they file jointly and claim their child as a dependent. But after divorce, only one parent can claim a child every year on their taxes. So how do parents know which parent can claim a child? And is this a big enough issue to include in financial negotiations? 

Deal with Exemptions in Your Divorce Decree

Parents often forget to deal with taxes during the divorce process. However, parents who do not establish who will be claiming the child as a dependent may be setting themselves up for an unpleasant surprise if they both file. Unless parents specify who will claim the child as a dependent, the IRS considers the parent with whom the child resides for the majority of the year to be the parent who can claim the child. This may not be ideal for one or both parents.

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