Posted on September 19, 2017 in Divorce

Sometimes, things simply go bad. It is thankfully rare, but it is not unheard of that someone would have to file for bankruptcy and divorce at the same time. If this happens to you, you may question whether or not to file for both at the same time, or if not, which matter to pursue first. Illinois divorce laws and bankruptcy laws make the answer to that question fairly clear.

Which to File First?

Illinois divorce law and bankruptcy law essentially make filing both petitions at the same time impossible. When you file for bankruptcy, you generally hand over your assets to the care of a bankruptcy trustee for sale or disposition as necessary to pay off your creditors. Once you have commenced a bankruptcy filing, you may not make unilateral decisions about your property. Technically it is no longer yours. Thus, there is nothing for a family court judge to divide.

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 Posted on September 15, 2017 in Divorce

Nobody get married with the intention of someday ending the marriage. Many people go into a marriage with only the best intentions but then life gets in the way. Circumstances change, people grow and change, children are born, careers end and new ones begin. For most people considering divorce, the marriage did not turn out the way they had hoped it would. But, how do you know when a marriage is truly over and it is time to call it quits? Unfortunately, there is no perfect solution to this problem. Every marriage is different. However, there are some questions you can ask yourself to help you figure out what the best course of action is for you in your unique circumstances.

When you are considering ending your marriage, ask yourself the following questions:

• What are the problems in the relationship and are they able to be fixed? Before you can have any hope of repairing a broken marriage, first you must identify what the issues are. Are you and your spouse in agreement about what is causing trouble in the relationship? Have you considered what your role in those problems are? Once the issues have been identified, consider if there is anything that can be done to resolve them.

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 Posted on September 13, 2017 in Divorce

It used to be that once a marriage had passed a certain benchmark of years, it was considered basically safe from the possibility of divorce. However, in this day and age, numerous social and anthropological factors have combined to make divorce much more of a reality for those over 50. While the reality of divorce itself is much more common nowadays, it is not necessarily the same process for seniors as it is for those in their 20s and 30s. If you are planning to divorce later in life, especially after retirement, there are considerations you must take into account.

Social Security Questions

It is reasonable for one to assume that Social Security benefits would be divisible, as is most other property, in a divorce. This is not actually the case; courts may not divide Social Security income or benefits, because they are considered non-marital property. However, the Social Security Administration does permit spouses (or ex-spouses, in some cases) to qualify for direct benefits based on their spouse’s work history. The criteria for receiving your own benefits based on your ex-spouse’s work history are:

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 Posted on September 08, 2017 in Child Custody

Too often, disabled children, whether they are adults or minors, become points of contention during a divorce. Raising a child with a disability can be quite expensive in in the United States, and while studies show that the rate of divorce for parents of a disabled child is very high, you should never make your child feel as though he or she caused your breakup. It is also important to ensure that your child is cared for regardless of circumstances.

Financial Issues

One of the first priorities that you should have as a parent in this situation is to ensure that your child does not lose the benefits for which he or she has previously qualified. Supplemental Security Income (SSI) and Medicaid are affected by the amount that the person (or their caregivers) makes per month, so if, for example, you are awarded spousal support in your divorce decree that pushes you into a new tax bracket, your disabled child could become ineligible for all or part of his or her SSI. This can be avoided if your divorce agreement is written carefully. Generally, in Illinois, this means establishing what is referred to as a Special Needs Trust, into which the paying parent pays their child support payments. The reason for such stringent rules is because in the eyes of the Social Security Administration (SSA), child support belongs to the child not to the custodial parent.

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 Posted on September 06, 2017 in Paternity

The most recent data available from the Centers for Disease Control and Prevention (CDC) show that approximately 40 percent of all births in the United States in a given year are to unmarried women. While this was formerly a cause for shame or concern, in this day and age, there is often much less stigma, but children out of wedlock do sometimes require additional considerations to ensure their rights are protected. If you are the parent of a child born outside of marriage, it is important to be aware that there may be extra steps you need to take to protect your child legally.

Paternity and Custody

Many of the major disputes over the rights of children occur when custody or parental responsibilities are in question. With marital children, custody arrangements are fairly straightforward, given that Illinois law grants visitation (parenting time) to both parents unless it would endanger the physical, moral, or emotional health of the child. With non-marital children, there are other considerations—namely, the issue of paternity.

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 Posted on August 30, 2017 in Child Custody

The stores are filled with sales on pencils, notebooks, folders, and backpacks. This could only mean one thing: it is back-to-school season! If you are a parent, you have probably been buying supplies, meeting new teachers, and getting back into the swing of the school year. Things may be especially chaotic if you have recently split from your spouse. How can parents manage school schedules and responsibilities while sharing parental responsibilities with their ex? There is no perfect way to co-parent but experts do have some advice for newly divorced parents helping their child go back to school.

• Do not be afraid to involve the school staff. If you are worried about how your child will deal with the strain of school on top of dealing with a changing family, you are not alone. Many families have found themselves in a similar position. The teachers, counselors and other school staff have probably helped dozens of students through such family changes. Do not be afraid to reach out and let your child’s teacher know what is going on at home.

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 Posted on August 24, 2017 in Alimony/Spousal Support

In most cases, spousal maintenance is used as  a tool to help newly divorced people adapt from a two-income household to two single-income households. Eventually, maintenance ceases, usually after a financial goal or time limit is reached - however, in Illinois and a handful of other states, it can end earlier. Cohabitating after your divorce is final, in particular, can have unintended consequences.

A "Substantial Change in Circumstances"

Generally in Illinois, maintenance is ordered by the family court or agreed upon between the spouses. It will be granted to the spouse the court deems to be in the most need of it, based on a number of factors. Some of the most important include:

• Income and debt levels of both spouses;
• Current financial need (at the time of the divorce) and future earning capacity;

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 Posted on August 21, 2017 in Paternity

Not everyone who wants to have children can conceive naturally. If you are in this position, you may consider adoption, or you may consider surrogacy or sperm donation. However, if you decide to use a surrogate parent, you should be aware that both sperm donors and surrogate mothers have rights which could present issues if you do not reach agreements with them before the child’s birth.

Sperm Donors

Under the Illinois Parentage Act, a sperm donor in Illinois retains no rights or responsibilities to any child born of their genetic material if, and only if, the donation is given directly to a licensed physician. In other words, most unknown sperm donors fit this bill, as most sperm banks handle their materials via licensed physicians.

There are far more issues with known donors. Agreements signed between private individuals, such as those intended to waive parental rights, are not often enforceable. The rationale is that too many variables exist in such agreements with too many opportunities for misinterpretation. These flaws render many of these contracts void. The parental rights of an intended donor also must be terminated in accordance with the Illinois Juvenile Court Act of 1987. In short, if either procedure is not followed, there is a possibility that the sperm donor could retain some parental rights.

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 Posted on August 17, 2017 in Child Custody

In Illinois, it is very unusual for a family court to deny visitation to a parent entirely, even if that parent has legal problems. The presumption that having both parents in a child’s life is accorded a place of paramount importance by family court judges, and as such, it is becoming more and more common for visitation schedules to be worked out with incarcerated parents. While it is possible for your parenting time rights to be denied or terminated if you are incarcerated, it is also common to still be awarded at least some time with your children.

If You Are Incarcerated During Divorce

One of the most important things to be aware of is that if you are incarcerated before your divorce, your spouse automatically gains primary responsibility for your children unless there is a pressing reason not to follow this pattern. In other words, Illinois courts recognize a rebuttable presumption that an incarcerated parent will not be the more fit of the two. If you are able to demonstrate why your spouse should not necessarily have the majority of the parenting time, you may be able to obtain shared parental responsibilities but you must show that you can make decisions for your child.

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 Posted on August 14, 2017 in Divorce

During a divorce, one of the most hotly-contested issues is often one spouse’s (or both spouse’s) Social Security benefits, either for disability or retirement. Federal law allows a divorced spouse, in some instances, to receive retirement benefits based on their ex-spouse’s work record, assuming it would pay greater dividends than their own. If you are in a position where you believe you are entitled to such income, it can generally be obtained with sufficient proof.

Criteria for Retirement Benefits

The Social Security Administration (SSA) provides specific criteria, all of which must be met, in order for a divorced person to collect retirement benefits based on his or her former spouse’s work record. The criteria are:

• You must be currently unmarried;
• You must be age 62 or older;

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