Posted on November 20,2024 in Divorce

After a long and stressful divorce process, reaching a divorce agreement can feel like a huge relief. However, issues may occur if one spouse fails to comply with the terms of the agreement, leaving the other with financial, legal, or emotional frustrations. If your ex-spouse is not following your divorce decree, there are several legal steps you can take to address the situation. A skilled Illinois family law attorney can help you enforce your divorce agreement and pursue options to protect your rights.

What Can You Do if Your Ex Refuses to Pay Child or Spousal Support?

When an ex-spouse fails to pay child or spousal support according to the divorce agreement, state laws provide several enforcement options, such as:

• Income Withholding Orders: The court can issue an income withholding order, which requires the ex-spouse's employer to remove support payments directly from their wages.

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 Posted on November 15,2024 in Over 50

Divorce is never simple, but for people aged 50 or older who are ending a marriage, the challenges can be incredibly complex. Also known as "gray divorce", one of the most pressing concerns in these later-in-life divorces is the impact on retirement income. Decades of shared finances, long-term investments, and retirement planning now need to be carefully untangled. The stakes are high for those nearing or already in retirement, as a reduced retirement income can affect quality of life, healthcare options, and even the ability to maintain independence. An experienced Illinois divorce attorney can help ensure that your retirement income is accurately assessed and divided to create a stable post-divorce future. 

How Are Pensions Divided in a Gray Divorce?

In Illinois, pensions earned during a marriage are considered marital property and are subject to division in divorce. State laws follow an equitable distribution approach, meaning that retirement assets are divided fairly, but not necessarily equally. Factors like the length of the marriage, each spouse’s financial needs, and future earning ability are all considered.

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 Posted on November 11,2024 in Divorce

Going through a divorce can be overwhelming, especially for stay-at-home parents who may not have had the same financial independence as their spouse. Without the security of a regular income or recent work experience, stay-at-home parents may feel particularly vulnerable as they face the uncertainties of life after divorce. This is why it is essential for stay-at-home parents to take proactive steps to protect their financial future. If you are a stay-at-home parent dealing with this significant life transition, an experienced Illinois divorce attorney can help you navigate these legal and economic challenges.

What Are Your Spousal Maintenance Rights in Illinois?

Spousal maintenance, previously referred to as alimony, is a key consideration for stay-at-home parents who have sacrificed their earning potential to care for children or manage the household. In Illinois, spousal maintenance is determined based on several factors, including the length of the marriage, the financial needs of each spouse, and the standard of living established during the relationship.

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 Posted on November 05,2024 in Child Custody

In custody disputes, the question of whether a child can choose where to live may arise, which can be an emotional and complicated issue for parents. Many wonder if their child’s voice matters in court and, if so, how much influence their preferences hold in the eyes of the law. While children’s wishes are considered in Illinois custody cases, they are only part of a broader picture that focuses on the child’s best interests. 

Understanding how a child’s choice fits into a custody decision can help parents navigate these challenging times. A knowledgeable Illinois family law attorney can offer the support you need to advocate for a custody arrangement that meets your child’s best interests.

At What Age Can a Child's Choice Influence Custody?

In Illinois, there is no specific age at which a child is automatically granted the right to choose where they want to live. The courts tend to give more weight to a child’s preferences as he or she matures. However, it is important to note that even with older children, the court will not base its decision solely on their wishes. This assessment is generally made on a case-by-case basis, considering each child’s age, maturity level, and understanding of the custody process.

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 Posted on October 29,2024 in Paternity

Paternity is an important legal matter that determines a child’s biological father. While many paternity issues are resolved during pregnancy or shortly after birth, situations arise where a parent may want to dispute paternity well after a child has been born. To navigate this complex issue, it is essential for parents to understand the legal steps involved in disputing paternity. An experienced Illinois family law attorney can help guide you through the process and represent your best interests in court. 

What Are the Reasons for Disputing Paternity?

Several reasons may lead someone to dispute paternity after birth. Common situations include:

• The presumed father discovers new evidence suggesting he is not the biological father.

• Genetic testing reveals that another man may be the biological father.

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 Posted on October 24,2024 in Child Custody

Parental alienation is a painful and complicated issue that can arise during custody disputes when one parent intentionally harms the child’s relationship with the other parent. It can involve bad-mouthing, blaming, or even preventing communication between the child and the other parent. The alienating parent’s goal is typically to damage the relationship between the child and the targeted parent in order to influence custody arrangements. If you suspect parental alienation is happening with your child, an Illinois family law attorney can guide you through the legal process while protecting your rights.

What Are the Signs of Parental Alienation?

Parental alienation can be subtle or overt, but it can seriously affect a child’s emotional and mental health. It is important to watch for common warning signs, including:

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 Posted on October 21,2024 in Child Support

Even after taking all of the necessary steps to ensure a child support order that accounts for all of your children’s needs, things can change. After all, it has been said the only constant thing in life is change. When your child’s needs or your financial situation has changed, you can request a review of your child support order to determine whether a modification is necessary. A judge will usually only find a modification necessary if they determine that a "substantial change in circumstances" has occurred. But what does that actually mean? Understanding what the court considers a substantial change in circumstances can help you determine whether or not you should request a modification to your child support order.

How Are Child Support Payments Set in Illinois? 

In Illinois, child support is calculated using an income shares model, which uses the combined income of both parents. The state's guidelines provide a formula based on the number of children and the parents' financial resources. Each parent's share of the child support obligation is determined by that parent's percentage of the combined income. Other factors, such as health insurance costs, childcare expenses, and the amount of time each parent spends with the child, may also influence the calculation. Illinois courts aim to ensure that the child receives the same proportion of parental income they would have if the parents were living together, with the goal of maintaining the child's standard of living.

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 Posted on October 17,2024 in Divorce

When a marriage ends, the decision to pursue a divorce is often filled with uncertainty and emotional difficulty. One of the initial questions that may arise is whether to file for divorce first or wait for the other spouse to take that step. This decision is more important than many people realize, as filing first can offer strategic advantages for legal positioning and financial protections. A skilled Illinois family law attorney can help you navigate this complex decision.

What Are the Legal Advantages of Filing for Divorce First?

Being the first to file for divorce can offer significant legal benefits, especially when it comes to deciding preferred terms for matters such as child custody, spousal support, and property division. Other possible advantages include: 

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 Posted on October 10,2024 in Social Media

Social media is an essential part of daily life for many people, but it can be a double-edged sword during a divorce. Every post, comment, or "like" can quickly become a liability and have serious legal consequences. That is why it is very important to understand how social media activity can impact your divorce proceedings. If you have questions about using social media during your separation, consulting with an Illinois divorce attorney can help you understand the state’s rules and regulations. 

How Can Social Media Activity Affect Divorce Outcomes?

Social media can significantly impact divorce proceedings because it can be used as evidence. Posts can reveal information about spending habits, parenting behaviors, or even infidelity. Any photos that show proof of expensive purchases, vacation trips, or inappropriate interactions can be used to challenge claims of financial hardship or parental fitness.

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 Posted on October 03,2024 in Child Custody

Suppose you have been with your spouse for more than ten years at the time of your divorce. When you married your wife, her daughter was only two years old, so you have essentially been the child’s father for a decade because her biological father was a chronic "no-show" during his allotted parenting time. You love the girl you think of as your daughter, yet at the time of the divorce, your soon-to-be ex tells you that since you are not her "real" father, you are not entitled to continue to be a part of the allocation of parental responsibilities.

Although Illinois law does see a stepparent as a significant parental influence in a child’s life, whether you will be allowed to continue to see the child depends largely on the wishes of the child’s parent. Under very limited circumstances, a stepparent could have the right to file for designation as the primary residential parent. Speaking to a knowledgeable St. Charles, IL parental responsibilities lawyer from Goostree Law Group should be your first step in determining what your rights are in this situation.

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