Posted on March 26, 2019 in Child Support

Due to the overhaul of Illinois’ child support law a few years ago, some divorced or separated parents are working under a drastically different child support system than others:

• For child support agreements created before July 1, 2017, the non-resident parent pays a percentage of his or her income, based on the number of children; and
• For child support agreements created since July 1, 2017, the total child support obligation is determined by the parents’ combined incomes, and the non-resident parent pays a percentage of the obligation that is proportionate to his or her share of the combined incomes.

The new child support model would potentially reduce the payments of a parent who was using the previous child support model. However, the existence of the new law is not enough reason to allow a modification of a child support agreement.

Continue Reading ››

 Posted on March 23, 2019 in Divorce

Parents commonly experience empty nest syndrome after their children have moved out of the home. They can feel lonely and lacking a purpose or identity. Ideally, their marriage will fill the parenting void, but empty nest syndrome can put pressure on a weak marriage. If your marriage is falling apart without your children, you may need to consider divorce. Starting anew can help you discover the purpose and fulfillment you have been looking for.

Reasons for Divorce

Parenting can hold together a marriage that may have crumbled otherwise. Between your parental responsibilities and your career, you may give little thought to your relationship with your spouse as long as you feel fulfilled in these other areas. The bond you share as parents will never completely disappear, but that by itself does not make you compatible partners. With the children out of the house, your spouse may be the only person that you regularly interact with. When this happens, you may realize that you and your spouse:

Continue Reading ››

 Posted on March 20, 2019 in High Asset Divorce

Each side during a divorce is responsible for researching their various marital assets to ensure that there is an equitable division of property. However, your spouse may try to gain an advantage by hiding assets from you. Even if the hidden assets are not marital property, they are part of your spouse’s individual wealth after your divorce. A divorce court may award you additional marital properties or greater spousal maintenance if your spouse has significant individual assets. Finding hidden assets may take more effort than the normal discovery process in a divorce.

Where to Look

Suspecting that your spouse has hidden assets does not mean that you know what they are or where they have been hidden. Fortunately, there should be financial records of the purchase or movement of substantial assets. There are several sources that may lead you to hidden assets:

Continue Reading ››

 Posted on March 16, 2019 in Prenuptial & Postnuptial Agreements

Because of Illinois’ no-fault divorce law, couples can no longer punish each other for acts such as infidelity when filing for divorce. Previously, spouses may have accused each other of immoral behavior in order to avoid paying spousal maintenance or keep a greater share of the marital properties. Now, irreconcilable differences are the only reason that couples can cite for their divorce. Some couples are instead using prenuptial and postnuptial agreements to try to penalize a spouse’s behavior. A lifestyle clause sets rules for a marriage that will result in a financial penalty if either spouse breaks them. However, you should understand the potential problems of lifestyle clauses before you include one in your agreement.

Enforceability

Lifestyle clauses are relatively new, which means that there is little legal precedent for them in courts. The individual opinions of the judge may determine whether a court enforces the clause. Some judges may reject any provision that penalizes a spouse for fault during a divorce. Other judges may allow the clause as long as:

Continue Reading ››

 Posted on March 13, 2019 in Child Custody

A parent’s work commitments can be an important factor when determining the allocation of parental responsibilities. To have a majority of the parenting time, you must show that you are consistently available to care for your children as a single parent. Work travel can affect your availability if it consistently requires you to be out of town. A parent with a heavy travel schedule may have difficulty receiving the share of parental responsibilities that he or she wants during a divorce.

Children’s Best Interest

Before arguing for a majority of the parental responsibilities, you should honestly assess whether you can fulfill that responsibility with your work travel requirements. The primary parent after a divorce is typically the one who is most available to care for the children. It may be necessary for your co-parent to have a majority of the parenting time if your work requires you to frequently stay overnight in another city. Parental responsibilities also include making decisions about how you care for your children. Ideally, your co-parent will consult you on major decisions regarding your children’s health and education. However, a court may give greater decision-making power to the parent who is more often with the children and able to act on those decisions.

Continue Reading ››

 Posted on March 07, 2019 in Divorce

As cruel as it may seem, a spouse developing a severe or chronic illness can increase the risk of divorce. Husbands, in particular, are more likely than wives to request a divorce, whether it is during treatment or recovery. Diagnosis of serious sicknesses, such as cancer, puts stress on a marriage, and a relationship that was already weak may not survive. It is important to seek help if you are going through a divorce while also fighting against major illness.

Sources of Stress

Treatment for a serious health problem puts pressure on both spouses. In some cases, the sick spouse may never fully recover, which will permanently change their marriage. Though the supporting spouse may try to remain loyal, he or she may be unable to handle the stress of:

• Taking on new or increased responsibilities in their marriage;
• Growing medical expenses related to the illness;

Continue Reading ››

 Posted on March 05, 2019 in Property Division

Items that you received as gifts during your marriage are usually considered to be non-marital property. A gift that your spouse gave to you for your birthday or anniversary is non-marital, even though your spouse used marital money to purchase it. However, a divorce court may classify a gift as marital property and subject to division, depending on the intent behind the gift and how you used it. Here are four examples of how a gift can become marital property:

1. Gift for Both: The court will distinguish between gifts that are meant for you only and gifts meant for you and your spouse. Wedding presents are a common example of gifts that are marital property because the giver intended you to use it as a married couple. Your spouse may argue that other gifts were given to you as a couple. You need to explain the reason for the gift and whether your spouse used it.

   Continue Reading ››

 Posted on February 28, 2019 in Paternity

When it comes to artificial insemination and parental rights, there is an important distinction between a known and unknown sperm donor. A man waives his paternity rights and responsibilities when he donates sperm to a medical facility that uses it to impregnate an unrelated woman. The man could not later claim parenting time, and the woman could not force the man to pay child support. However, some men and women enter private agreements for the woman to use a sperm donation to have a child. Illinois courts may not recognize private agreements that claim to waive a father’s parental rights.

Entering an Agreement

Some prospective parents prefer to know the man who will be the biological father rather than using a sample from someone anonymous. They may place a public notice to look for a donor or even ask a friend. When entering a private sperm donor agreement, it is wise for both parties to create a contract that outlines whether:

Continue Reading ››

 Posted on February 25, 2019 in Divorce

Fear is a paralyzing emotion that people going through a divorce will commonly experience. When you give in to your fear, you may avoid actions that could help you overcome that fear. Your fear may prevent you from seeking a divorce, despite being miserable in your marriage. During your divorce, your fear may make you passive when you need to advocate for your own interests. After your divorce, your fear may keep you following the same routines that made you unhappy during your marriage. Conquering your fear means understanding it and resolving to act in spite of it.

Divorce Fears

Divorcees are most afraid of significant change in their lives and the uncertainty of their futures. These can create more specific fears, such as:

• How will I support myself on my own?;
• Can I handle being a single parent?;
• How will the divorce affect my children?;
• Will getting divorced make me happier?; and

Continue Reading ››

 Posted on February 22, 2019 in Property Division

Your pension benefits are a marital property during your divorce, with some stipulations. Your spouse has a right to an equitable share of the value of your pension that you accrued during your marriage. If you worked towards your pension before your marriage, the value of those years is non-marital property. You can add value to your pension through means other than the number of years you worked. A recent Illinois divorce case decided whether the military service credits that a man added to his state pension are marital property.

Case Details

In the case of In re Marriage of Zamudio, the spouses had filed for divorce in 2014 after 14 years of marriage. The husband has a state pension from his 22 years of working for the Illinois State Police. During the marriage, the husband purchased four years of credit to add to his pension, based on his active military service from 1974 to 1980. When dividing properties during the divorce, the spouses disagreed on whether those purchased credits are marital properties:

Continue Reading ››