Posted on December 16, 2020 in Child Support

There are currently about 2.3 million Americans incarcerated in the United States, approximately half of whom are parents. Furthermore, one in five has a monthly child support obligation. In most situations, this obligation simply remains unpaid, because for many, the small income that may be available for working within the jail or prison will not cover the costs. If the individual is serving an extended sentence, the unpaid support can accumulate to become an insurmountable debt. Throughout all of this, however, the children still need financial support from both parents.

Support Options for the Recipient Parent

If you are the parent to whom support payments are made and the other parent is currently incarcerated, his or her sentence does not automatically mean you are not eligible for payment. First, a child support order does not automatically stop due to incarceration. The only person who may modify a child support order is a judge through a modification hearing, which may be requested by either parent. Also, it is possible for inmates to make a payment due to having other income and assets available.

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 Posted on December 04, 2020 in Legal Separation

No matter how mutual the decision may be to end a marriage, choosing to divorce is never an easy undertaking. Even the smoothest divorces mean big changes for both parties, and depending on financial circumstances and whether or not children are involved, those changes can have a ripple effect that impacts everyone in the household for some time to come. Divorce is just as much emotionally taxing as it is financially, compounding the burden for the entire family.

Given the potentially overwhelming nature of ending a marriage, it is understandable why some couples want to avoid the divorce process altogether. In fact, this is often a driving force behind legal separations, although a separation is often only a temporary solution and may not be an effective one for every couple. If you and your spouse want to delay the divorce for more practical reasons rather than emotional reasons, however, you may find that legal separation serves as a productive, beneficial option for both of you.

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 Posted on October 26, 2020 in Divorce

The amount of mental energy couples must expend on the divorce process is often overwhelming, no matter how smoothly the transition unfolds. Divorce scenarios are, in most cases, a mixed bag of events. Some couples sail through the process with mutual respect and civilized interaction, only to discover emotional landmines when they reach the finish line, while other couples struggle with the split from the get-go. Matters can be especially difficult when one spouse refuses to cooperate altogether, leaving the other spouse with all the work and twice the weight in emotional stress.

What Can You Do When Your Spouse Will Not Cooperate?

There are a number of ways someone’s behavior can change throughout a divorce. Sometimes, the change is so drastic, the person becomes nearly unrecognizable to their partner. Some individuals regress, and their behavior can turn so ugly that the divorce becomes flat-out toxic. Even if your divorce has not gone quite to that extreme, you may see a side of your spouse you never knew existed. Experts indicate that people often react differently under severe divorce stress, typically out of self-preservation, which can manifest in many ways including anger or isolation.

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 Posted on June 06, 2020 in Order of Protection

Getting a divorce can cause uncomfortable interactions between you and your spouse. That behavior sometimes escalates to the point of harassment from your spouse. Fortunately, you can file for an order of protection against your spouse if they are continually harassing you. How do you know when your spouse’s behavior qualifies as harassment? You should explain your spouse’s behavior in detail to your divorce attorney, who can advise you on whether a court order could stop that behavior and what you need to do in order to receive that order.

Harassment in Divorce

Illinois defines harassment as conduct that knowingly and unnecessarily causes a reasonable person to feel distressed. Harassment in a divorce is usually verbal abuse made in person or via electronic communication. Common examples include:

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 Posted on April 20, 2020 in Legal Separation

Filing for divorce is a serious and final decision to make about your marriage. Even when couples know that they are unhappy in their marriages, they may be unsure about whether they want to go as far as divorce. One alternative that couples in Illinois have is filing for legal separation. With a legal separation, you can act as if you are divorced without ending your marriage. If you decide you want to stay together, you can simply end the separation agreement. If you decide to end your marriage, you can file for divorce to make your separation permanent.

Why Should You Use Legal Separation?

Couples can separate from each other at any time without needing any official documents. However, they may lack legal protection when it comes to their individual property and parental rights. A separation agreement can work similarly to a divorce agreement, allowing you to settle on issues such as:

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 Posted on March 31, 2020 in Child Support

If you are one of the millions of Americans who have recently lost their jobs, you are understandably concerned about your ability to pay for living expenses. For some adults, child support is part of their monthly expenses. Fortunately, you do not have to continue paying the same amount towards child support if you have become unemployed. By requesting a modification of your child support payments, you can reduce your payments to something more manageable, though it is unlikely that you could ever get it reduced to nothing.

Changing Child Support

During a divorce or separation, Illinois calculates child support payments based on the parents’ comparative incomes. Your combined incomes help determine how much you both should be spending on child-related expenses each month, and your comparative incomes determine what percentage of those expenses you will each pay for. You can request an immediate modification of child support if you have a change of financial circumstances, such as losing your job. If the court grants your request, your child support payments will be reduced if you are the paying parent, or the payments you receive will increase if you are the recipient parent. There are a few conditions to the modification that you need to understand:

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 Posted on March 20, 2020 in Property Division

Unless you live in an area with a robust public transportation system, your vehicle is one of the most essential properties that you own. Thus, your car is one of the more important properties that you will include in your division of property during a divorce. The division may seem straight-forward if you own two vehicles. You each will get one vehicle. However, there are several issues related to your vehicles that you need to consider before completing your divorce:

1. Is the Vehicle a Marital or Separate Property?: If you purchased the vehicle during your marriage with your shared income, then it is marital property. It may be separate property if you purchased it before your marriage, you received it as a gift, or you managed to pay for it with money that is separate from your marital assets. However, a vehicle you purchased before your marriage can become marital property if your spouse has helped you repay the loan on the vehicle.

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 Posted on March 18, 2020 in Divorce