Supporting Children after Divorce

 Posted on March 04, 2014 in Divorce

Many marriages result in children. If that marriage fails, the children's needs must be addressed. The parent who seeks or gets custody of the child or children is called the custodial parent; the parent without custody is called the non-custodial parent. The classification is important in determining the issue of child support, and it gives the courts discretion in setting the level of support necessary.

What to Expect

As the custodial parent of the child or children, there are many difficulties which will need to be addressed. If you are working, those issues are compounded if the children are too young to care for themselves. Perhaps one of the most costly issues is that of child care for the young ones.

Because of the difficulties that a single custodial parent faces with child rearing, the laws are such that the non-custodial parent is made to pay a portion of their net income to assist the other parent. 750 ILCS 5/505 dictates the amount required, according to the number of children at issue. The custodial parent is entitled to child support for children under the age of 18, or 19 if they are still in high school. The statute was designed to take into account the best interest of the children in question. Accordingly, the established guidelines can be amended if the court can provide a reason for the deviation.

Continue Reading ››

Societal Norms Relating to Marriage and Divorce are Shifting

 Posted on February 28, 2014 in Divorce

There was a time when divorce, same sex marriage and same sex divorce, civil unions and their dissolution, asset distribution, and a host of other family law related issues were non-existent or, at the very least, were very rarely discussed. That is not the case anymore, and the question remains: what has led to this progressive level of thinking? There is not a single encompassing answer, but the changes are occurring rapidly.

Divorce

Divorce was a rare occurrence at one time, and it seems likely that education, technology, and shifting beliefs have all attributed to the increase in divorce rates across all age ranges. Many married couples are still finding a way to make it work, but others choose to opt out.

When the marriage fails to work, there are numerous questions which must be addressed. When those questions arise, a good starting place for those in Illinois is 750 ILCS 5, but in order to interpret all of the nuances which accompany the Illinois Marriage and Dissolution of Marriage Act, you need an experienced family law attorney.

Continue Reading ››

Grounds for Divorce in Illinois

 Posted on February 25, 2014 in Family Law

There are times when a couple simply can’t work out their differences during a marriage. Most couples don’t take the idea of divorce lightly. For anyone seeking a divorce, thoughts about the time and money spent on the marriage are exacerbated by the time and money that will be spent in getting the divorce.

In Illinois, sometimes a couple does not give a reason for their desire to seek a divorce, and in those instances, the couple is said to have “irreconcilable differences.” When divorcing couples do give a reason for the divorce, the reason is considered the “grounds” for the divorce.

Grounds for Divorce

There are several reasons that may be given as grounds for a divorce. If the couple seeks a divorce based on irreconcilable differences, they must show that those differences caused an irretrievable breakdown of the marriage, and they must live separate and apart for two years, or six months if they sign a waiver.

Continue Reading ››

Deciding Child Custody: What’s in your Child’s Best Interest?

 Posted on February 19, 2014 in Child Custody

During a divorce, children of the marriage may be used as pawns between the warring factions. If the divorce is amicable, the parties can work together to find a just and harmonious resolution to the issue of child custody. If not, however, the the process of determining child custody can complicate divorce proceedings, and the best interest of the child may be thrown to the wayside. It takes the experienced negotiation skills of attorneys or the intervention of the courts to determine custody.

What to Consider

The Illinois Marriage and Dissolution of Marriage Act, found at 750 ILCS 5, sets forth the conditions for child custody proceedings. There are established rules for when a stepparent can file a petition for custody. There are even rules that set forth the circumstances under which a grandparent can petition for custody.

Continue Reading ››

Considering Marriage? Inform Yourself

 Posted on February 14, 2014 in Prenuptial & Postnuptial Agreements

Marriage can be a very joyous time in the life of a couple, but it can also be an extremely stressful experience as well. There are often hundreds of decisions to consider, details to be addressed, and legal hurdles to overcome. Future couples have to address certain legal issues, such as the marriage certificate, and the determination that the future marriage is not void for any number of reasons. There is one aspect though, which couples often do not want to address: a prenuptial agreement. Considering a prenuptial agreement now can save time and inconvenience in the future.

The Prenuptial Agreement

In Illinois, 750 ILCS 10/ establishes the Illinois Uniform Premarital Agreement Act. A prenuptial agreement is your opportunity to define rights in the event of divorce or separation, and to identify your rights in the event of an untimely death. For many, acting prior to the marriage to secure these rights will promote more open discussions and full disclosure between the parties.

Continue Reading ››

Protect yourself and your Loved Ones

 Posted on February 11, 2014 in Family Law

Domestic violence is a very unfortunate and very dangerous reality for some individuals, including some children. Those who turn to violence as a means of control and power over others do not care about gender, age, or mental capacity. Anyone can fall victim to domestic violence and anyone can take the necessary steps to free themselves from the tyranny of another in domestic violence situations.

Orders of Protection

In Illinois, orders of protection and restraining orders are codified under the Code of Criminal Procedure. When domestic violence occurs, those actions are criminal in nature and significant punishments can and often do accompany the actions. For you, as the abused, an order of protection can save you from the violence that you are experiencing or have experienced in the past. 725 ILCS 5/ Article 112 A-11.1 can offer you some guidance on what the courts will look at in determining if certain crimes are crimes of domestic violence.

Continue Reading ››

Valuing Your Business During Divorce Proceedings

 Posted on February 08, 2014 in Divorce

Divorce is never a pleasant endeavor. The issue of who gets what is ever present during any and all negotiations, and included with that difficulty is the very real possibility that the parties to the divorce are less than cooperative with each other, as they often harbor significant animosity. Add to all that the difficulties in dividing property, especially if that property is a business operated by the couple or one of the spouses to the marriage, and the task of divorce becomes even more complicated. Determining whether that business is marital property and its value are a paramount concern.

Valuation of Your Business

The first concern in valuing a business that is potentially subject to property division laws is to determine whether the business is marital or nonmarital property. If the business is determined to be nonmarital property, then it remains the possession of the spouse who owns it. Of course, there is the possibility that the business was started prior to the marriage but there has been an increase in value which may be considered marital property. In Illinois, 750 ILCS 5/503 deals with disposition of property, and can assist you in determining what may and may not be considered marital or nonmarital property

Continue Reading ››

Civil Union: Yes, No, or Maybe

 Posted on January 31, 2014 in Family Law

There is no single determinative factor that may prove to either same-sex or heterosexual couples that a civil union is the right choice. For same-sex couples, more and more states, such as Illinois, are adopting laws that allow marriage between them. Notwithstanding that fact, some couples simply feel that a civil union is the more appropriate choice for them. Regardless of the choice, however, there is always the unfortunate reality that the parties to the civil union may wish to dissolve that union.

The Civil Union

In Illinois, a civil union allows both same-sex and heterosexual couples to enter into a committed relationship without getting married. 750 ILCS 75/ Illinois Religious Freedom Protection and Civil Union Act sets forth the pertinent rules concerning civil unions in Illinois. Civil unions require a license and solemnization process, and like a traditional marriage, there are certain prohibited civil unions, with 750 ILCS/ Section 25 stating that both parties must be 18, you can’t be married or in an existing civil union already, and you can’t enter into a civil union with family members.

Continue Reading ››

Modifying a Divorce Decree: When Reality Creates Necessity

 Posted on January 27, 2014 in Divorce

Change is one of life’s undeniable forces. People’s beliefs and situations change and, as such, so do their needs and desires. The laws of the land have recognized this fact, and created situations in which a divorce decree can be modified, depending on the circumstances of the parties involved. Illinois recognizes the importance of changed circumstances and allows for modification of divorce agreements.

The Law

In Illinois, Section 510 of 750 ILCS 5, the Illinois Marriage and Dissolution of Marriage Act, specifies the scenarios under which a modification is warranted. Under Section 510, there can be a modification of provisions for maintenance, support, educational expenses, and property disposition. Section 510 establishes that a judgment concerning maintenance or support may be modified, but only “as to installments accruing subsequent to due notice by the moving party of the filing of the motion for modification” unless the judgment expressly precludes or limits modifications.

Continue Reading ››

Health Insurance and Divorce

 Posted on January 22, 2014 in Divorce

The cost of health insurance is one of the many factors to consider when contemplating divorce.  According to a 2012 study by the University of Michigan, approximately 115,000 women lose their private health insurance every year due to divorce. Under the Affordable Care Act, or as it is colloquially known, Obamacare, however, divorce could decrease health insurance costs.

 Currently, individuals and couples within a particular income range can receive Obamacare subsidies that lower the amount they spend monthly or reduce their out-of-pocket costs for copays, coinsurance, and deductibles. Married couples have their incomes counted together for the purposes of determining their eligibility for Obamacare subsidies. In contrast, couples that live together without getting married have their incomes evaluated separately. For example, a married couple from New York recently announced that they might file for divorce to qualify for Obamacare subsidies. Nona Aronowitz and Aaron Cassara related to The Atlantic that a divorce could save the couple thousands of dollars in health insurance costs.  Nona, a freelance writer, and Aaron, who works in the film industry, earn more than $62,000 a year. The couple’s yearly income places them over the 400 percent of the federal poverty level cutoff to qualify for Obamacare subsidies.  However, if the coupled divorced and chose instead to simply live together, they would qualify for the subsidies and save thousands of dollars a year. Moreover, even if Nona and Aaron’s combined income fell below 400 percent of the federal poverty level, the subsidies for which the couple would be eligible might be worth less than subsidies for which they would be eligible as unmarried, cohabitating individuals. While Kane County couples are unlikely to consider divorce to increase their eligibility for subsidies to purchase insurance, couples contemplating divorce should think about the health-related implications of their divorce.  Other Health-Related Concerns in a Divorce Aside from health insurance costs, there are other health-related considerations for those contemplating or in the midst of divorce.

• Insurance premiums: A temporary court order could be required to make sure that all health insurance premiums get paid as usual.

  Continue Reading ››