Posted on June 01, 2016 in Divorce

Under Illinois child support laws, parents are often required to make child support payments to provide for their children that live with the other parent. Unfortunately, with the tough economic times many face, retaining a well-paying job and making the required child support payments can be harder than ever.

If a parent is unable to make child support payments due to decreased hours or the loss of employment, he or she has options available to temporarily modify child support payments. Parties in these situations need to understand the proper steps to be taken to modify the support payments in court. Unilaterally modifying support payments without a court order could lead to an overwhelming backlog (arrearage) of payments, a finding of contempt, or even jail time.

Modifying child support payments during unemployment

When someone loses income, the very first move he or she should make is to consult with an attorney to ensure that a petition to modify support is swiftly filed with the court. Modifications of support cannot be made prior to the date of filing the petition to modify support.

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 Posted on June 01, 2016 in Divorce

As our world becomes more interconnected through technology and the internet, the prevalence of social media being used in divorce proceedings has increased drastically. More and more, divorce attorneys and their clients use information gathered on these types of sites to work towards their advantage.

Social media content can be used as evidence in divorce proceedings, so it is important to be mindful of what is posted. Judges often take this evidence into consideration to either corroborate or contradict a factual allegation made by a party to the divorce.

Should I shut down my Facebook account while going through a divorce?

When going through divorce, parties should strongly consider suspending their use of social media sites, particularly Facebook, until the proceedings are finalized. Even after a divorce is concluded, one party may be able to use certain information like photos and status updates to ask for modifications to maintenance, child support, parenting time or allocation of parental responsibilities.

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 Posted on May 01, 2016 in Divorce

Almost all couples go into marriage with the best of expectations, intentions that their union will last and the two will live long, happy lives together. However, sometimes things do not go as planned and the stress and obligations of modern life and marriage may take their toll on even the most loving couple.

Because of these pitfalls, some couples may consider crafting a premarital agreement or prenuptial agreement to plan for just such an event. Illinois is one of many states that allow couples to enter into private contracts to divide assets should the marriage be dissolved.

Illinois Uniform Premarital Agreement Act

The Uniform Premarital Agreement Act (UPAA) allows married couples in Illinois to craft how various marital assets and debts will be settled should the marriage be dissolved. The agreement must be in writing and signed by both parties to be valid.

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 Posted on May 01, 2016 in Divorce

Child custody disputes can be contentious between parties and may be exacerbated when one parent wishes to relocate with the children. In these situations, parents on either side may be left wondering what their legal rights are and how they should proceed with or prevent the relocation of their children.

Illinois recently made some revisions to its laws concerning child relocation in and out of the state. While these changes were meant to provide clarity, there may still be legal gray areas and points of contention that should be discussed with an experienced Chicago child custody attorney.

New 2016 Illinois child relocation laws

The new 2016 Illinois child relocation laws refer to this issue, previously known as “removal,” as “parental relocation” as Illinois has shifted towards policy and language that emphasizes cooperation between parents. The new laws give parents more freedom to move with children across state lines (with limitations) while creating some boundaries as to how far away parents may move within the state.

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 Posted on May 01, 2016 in Divorce

Along with child custody and division of marital property, the payment of maintenance, formerly known as alimony, is often one of the most pressing issues individuals going through a divorce may worry about. Whether you believe you may end up paying maintenance or may receive it, you should understand the laws that govern how courts calculate these important payments.

As every marriage and every divorce is different, so too are the amounts of maintenance that may be awarded.

What factors go into deciding maintenance (alimony) amounts in Illinois?

Courts may take into account several factors when deciding how much maintenance to award and for how long. These factors may include:

• Length of the marriage;
• Income and property of each of the parties;

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 Posted on May 01, 2016 in Divorce

Many fathers believe child custody laws are stacked squarely against their right to be a part of their child’s life and that mothers almost always prevail in custody disputes. While there may still be some work to be done, Illinois recently passed legislation to help ensure that, when possible, both parents share responsibilities for raising children.

However, fathers should understand their custody rights are not guaranteed from the birth of the child and may have an uphill battle in some situations to secure their paternal rights.

Voluntary Acknowledgment of Paternity

Typically, when a child is born to unwed parents, paternity is first established by filling out a Voluntary Acknowledgement of Paternity form which, among other things, allows the child to be given the father’s last name. However, the most important thing unwed fathers need to understand is that this document does not establish any custody or visitation rights, and that it ensures the father is liable for child support payments.

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 Posted on April 01, 2016 in Divorce

On January 1, 2016, Senate Bill 57 came into effect, changing the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The Act covers many aspects of family law, including divorce, child support, and child custody.

Changes to the IMDMA include grounds for divorce for which parties may file as well as changes to the requisite waiting periods petitioners must adhere to in order for courts to grant a divorce. Individuals considering divorce should understand the changes to the law and how it may affect their options moving forward.

No more fault-based divorce in Illinois

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 Posted on April 01, 2016 in Divorce

When going through a divorce, a major point of contention may be the division of marital property amongst the two parties. A recent change to the Illinois Marriage and Dissolution of Marriage Act may have significant changes to how property is divided and should be taken into consideration when contemplating divorce.

Senate Bill 57, which took effect in January 2016, has three major areas of change to division of marital property. This includes an expansion in the presumption of marital property, rules dealing with commingled property, and the date at which property is valued.

Presumption of marital property

Changes to Illinois divorce laws deal with when property acquired by either party may or may not be considered marital property. Senate Bill 57 now holds that property or debts acquired between time of marriage and before petitioning for dissolution of a marriage is considered marital property.

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 Posted on April 01, 2016 in Divorce

In 2016, Illinois passed legislation altering the laws concerning child custody. The new law seeks to make both parents more involved in the upbringing of their children and prevent feelings of exclusion for the betterment of the child. The changes bring Illinois more in line with other states across the country in terms of language and policy in family law.

Changes to the Illinois Marriage and Dissolution of Marriage Act went into effect January 2016, removing the terms “custody” and “visitation” from the law. Furthermore, the new changes also affect whether custodial parents may move with their children throughout the state.

Allocation of parental responsibilities

Senate Bill 57, which made the changes to the Illinois Marriage and Dissolution of Marriage Act, now allows families and courts to divide and share responsibility for making decisions about the child’s upbringing. Under the old custody laws, parents with “sole custody” or those sharing in “joint custody” would be responsible for deciding:

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 Posted on April 01, 2016 in Divorce

In January 2016, Senate Bill 57 brought changes to several aspects of family law in Illinois that divorced and separated couples should understand moving forward. Among the changes were alterations to grounds for divorce, child custody, and division of property.

What did not change was how payments for child support are calculated. In 2013, Illinois revised its statutes on child support calculations at the behest of the federal government.

Illinois income based child support calculations

The Illinois the Child Support Advisory Committee recommended the state adopt “percentage of obligor’s net income” be paid to parents with whom the child or children reside. Net income is the obligor’s total income, minus deductions like:

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