Posted on October 24, 2014 in Divorce

Illinois relies on a principle of equitable distribution in dividing marital assets and debts upon divorce. In addition to savings, real property, personal property, business interests, and investments, the division process also reaches pension benefits. The distribution of pension benefits can sometimes be a source of confusion, especially when some benefits were accrued prior to marriage, or will continue to accrue after divorce. In understanding and anticipating the impact of divorce on pension benefits, the skill and knowledge of an Illinois family law attorney is an invaluable resource.

Pension Benefits Accrued During Marriage Are Subject To Equitable Distribution In Illinois

The general rule is that a non-employee ex-spouse only has a right to pension benefits that accrued during the marriage. With regard to the division of this segment of pension benefits, there are two primary methods. In some instances, the court will divide pension rights between ex-spouses. This is accomplished via a Qualified Domestic Relations Order (QDRO). This type of order compels the pension plan administrator to assign a court-determined amount of the employee spouse’s pension to the non-employee spouse upon finalization of divorce. In other instances, rather than issue a QDRO, the court will allow the employee spouse to keep 100 percent of the pension benefits, but award an offsetting amount of other assets to the non-employee spouse.

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 Posted on October 22, 2014 in Prenuptial & Postnuptial Agreements

Weddings typically involve a lot of planning, even when you forgo a traditional ceremony for a trip to the courthouse. However, before you make too many plans, make sure that you are eligible to marry under Illinois law, and consider a premarital agreement as well.

Here are the requirements for couples looking to marry in Illinois:

• Both parties must be at least 18 years old;
• If the parties are 16 or 17 years old they may obtain a marriage license with parental consent;
• Generally, the parties cannot be blood relatives, but first cousins who are older than 50 may legally marry;
• The parties cannot already be married to someone else (this includes being in the process of divorce); and
• If a prior marriage or civil union has ended within the last six months, the party must provide a certified copy of the dissolution, annulment or death record.

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 Posted on October 17, 2014 in Divorce

If you are considering a divorce, the time and expense of a protracted court battle might affect your decision. However, if a divorce is in your family’s best interests, do not be deterred by the legal process. Divorce does not have to involve contentious litigation – it can be resolved through an amicable mediation instead.

In fact, you can address the same issues through mediation that you would address in a traditional divorce proceeding, including child custody, visitation, child support, property division, and alimony. And you can do so without the emotional drama that often accompanies litigation. When deciding whether divorce mediation is right for you, consider the following:

• Mediation is typically less expensive than a formal legal proceeding;
• The mediation process usually does not take as long as litigation, which means your divorce will be finalized sooner;

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 Posted on October 15, 2014 in Family Law

A single parent who relies on child support payments to make ends meet should not have to worry about those payments being made on time. Unfortunately, though, there are some “deadbeat” parents who not only fail to make timely payments, but who fail to make payments at all.

Illinois law provides procedures to enforce child support obligations. But what happens when the parent who is obliged to make payments lives out of state?

Illinois adheres to the Uniform Interstate Family Support Act, which provides rules for establishing, enforcing and modifying child support orders when there is more than one state involved. One of the principal concerns that the Act addresses is personal jurisdiction – the power of a court over particular parties. Generally an Illinois court does not have personal jurisdiction over an out-of-state resident, unless that resident has ties to the state.

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 Posted on September 29, 2014 in Family Law

According to a spokeswoman at the Illinois Department of Children and Family Services (DCFS), more child abuse incidents are reported to the department when school resumes every fall. That is because teachers are mandated reporters under state law, and they must report evidence of child abuse or neglect to DCFS. Other mandated reporters include:

• Any medical personnel who cared for or treated the child, such as a physician, nurse, physician assistant, dentist or dental hygienist;
•  School personnel (in addition to teachers), such as an administrator, education advocate or a school board member;

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 Posted on September 19, 2014 in Divorce

Marriage bestows certain rights and responsibilities upon spouses. These marriage rights can vary based on where you marry and whether or not your jurisdiction even allows you to marry (for example, while same-sex marriage is now legal in Illinois, it is not allowed in numerous states). Illinois sets forth a couple’s rights in the Rights of Married Persons Act, including:

1. Right to sue and be sued: A married person may sue or be sued without joining his or her spouse as a party in the lawsuit. Spouses may also sue one another for any tort (a civil wrong) committed during the marriage.
2. Defense in own right or for the other: If the spouses are sued jointly, either party may defend in his or her own right. Furthermore, if one spouse decides not to defend himself, the other spouse may defend for them both.

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 Posted on September 16, 2014 in Divorce

If you are a single parent who is entitled to receive child support, Illinois law wants to make sure that you get your money. While the preferred means of collecting child support is for the supporting parent to make timely payments, the law has backup methods in place should the preferred means fail. For example, if a parent fails to make a payment, the Illinois Department of Healthcare and Family Services (DHFS) might freeze his bank accounts or withhold a portion of his income. The state might also revoke his professional license until he pays up.

These backup methods have proved to be successful. During the most recent fiscal year, Illinois collected $1.4 billion in child support. DHFS officials say that this is a record amount. It is also the tenth straight year that the state has collected more than $1 billion. What does this mean for you? If you are dealing with a deadbeat parent (a parent who is supposed to pay child support but who has been missing payments), DHFS will do everything in its power to secure the money that you need to care for your family.

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 Posted on September 11, 2014 in Divorce

If you make child support payments in Illinois, you typically cannot just mail a check to the other parent. There is often a “middleman,” such as the Illinois Department of Healthcare and Family Services (DHFS) or the clerk of the court, who will then transmit the payment to the recipient. Your specific middleman will depend on the county in which the dissolution of marriage was filed (assuming that your duty to pay child support arose out of a failed marriage).

The following scenarios are meant to provide examples of to whom child support payments must be directed.

Scenario 1: You filed the dissolution petition in a county with a population of less than three million people. During the proceeding your spouse is awarded child custody and you are ordered to pay child support. In that case the court may order you to submit support payments to the clerk of the court.

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 Posted on September 09, 2014 in Alimony / Maintenance

Divorce is a contentious and complicated affair. There are so many factors to consider, from determining who gets the marital residence to the mechanics of making child support payments. While families are likely aware of the more “common” aspects of divorce such as asset division and child custody, they might be unaware of other aspects. The following includes answers to four questions about divorce that you might not know:

The Marital Residence – It is typical for divorcing couples to live separately while the divorce is pending. Problems arise, however, if neither spouse wants to vacate the marital residence. While the question of who gets what will be decided during the divorce proceeding, the court can also temporarily evict one spouse from the marital residence – if certain conditions are met. One party must file a petition seeking the temporary eviction, which will only be granted if the continued occupancy of both spouses will jeopardize the physical or mental well-being of either spouse or of their children. There will usually be a hearing and due notice. Also, remember that this is a temporary arrangement until the disposition of the marital property has been settled.

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 Posted on September 04, 2014 in Alimony / Maintenance

Divorce is never easy. There are so many issues for couples to fight about, including money, property, and custody of children. Even when spouses have a premarital agreement, they could still end up fighting over these and other issues. However, thanks to a new state law, now divorcing couples will face fewer battlefronts.

Previously, when courts determined maintenance (alimony), they relied on a myriad factors to decide on a fair amount. The problem with this system was that there were no overarching monetary guidelines. In other words, spouses could not accurately predict how much they would either pay or receive in maintenance. Nor could they predict how long the maintenance payments would endure.

Step One: Calculate the Maintenance Payment

 Under the new law, these issues have been resolved. Maintenance will now be determined by a specific calculation, similar to that used to determine appropriate child support payments. Setting maintenance is a two-step process. First, the court will look to both spouse’s gross incomes, subtracting 20 percent of the receiving spouse’s gross income from 30 percent of the paying spouse’s income.

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