Posted on January 16, 2025 in Divorce

Child support payments play a vital role in sustaining a child’s well-being after parents separate or divorce. But life is unpredictable; jobs change, expenses fluctuate, and children’s needs evolve. When this happens, many parents may wonder whether child support payments can be adjusted. Navigating this process can be complex, so it is essential to consult with a lawyer. A knowledgeable Illinois family law attorney can help you pursue a fair outcome that aligns with your current situation.

What Are the Grounds for Modifying Child Support Payments?

In Illinois, child support payments can be adjusted if there is a substantial change in circumstances. Common reasons include:

• A significant income change: A job loss, pay cut, or considerable increase in earnings can justify a modification.

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 Posted on January 08, 2025 in Divorce

Divorce can be both an emotionally and legally draining process. For some, the idea of starting a new relationship during this time might feel like a step forward. However, dating during a divorce can have significant consequences that may impact your case and well-being. 

In Illinois, dating before your divorce is finalized can present certain risks within the legal framework of the family court system. If you have questions about dating while going through a divorce, an Illinois family law attorney can help you understand potential complications and help protect your interests.

What Are the Legal Implications of Dating During a Divorce?

Dating while your divorce is pending can have legal consequences. While it is not illegal in Illinois during a divorce, it is essential to understand how your actions might influence the legal process and key issues such as:

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 Posted on December 27, 2024 in Asset Division

One of the many challenges of a divorce regards how your assets will be divided. If you have inherited property, you might wonder how it will be treated during the divorce process. To protect what is rightfully yours, it is vital to conduct careful planning and have a clear understanding of the law. An Illinois divorce attorney can help you protect your inheritance and navigate the intricacies of asset division.

Is Inherited Property Considered Separate or Marital Property?

Under Illinois law, inherited property is generally classified as separate property. This means it will not be divided during a divorce. However, for the inheritance to maintain its status as separate property, it must remain separate from marital assets. Mixing, or commingling, inherited property with marital property can cause it to lose its classification as separate property.

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 Posted on December 17, 2024 in Child Custody

Understanding how paternity influences child custody disputes is essential for parents navigating the complexities of Illinois family law. Paternity does more than confirm a biological connection—it establishes a legal bond that influences decisions regarding custody, visitation, and child support.

For fathers, proving paternity can establish parental rights and the ability to play a meaningful role in a child’s life. For mothers, it ensures a pathway to support and helps secure the child’s relationship with both parents. With the guidance of an experienced Illinois family law attorney, parents can protect their rights and prioritize their child’s best interests.

What Is Paternity and Why Is It Important in Custody Cases?

Paternity is the legal recognition of a man as a child’s father. Without legal paternity, a father may not have rights to custody or visitation, and the mother may not have the ability to seek child support. In Illinois, this can be established in several ways:

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 Posted on December 12, 2024 in Divorce

Divorce typically brings a range of financial and legal considerations, particularly when children are involved. One significant question many divorced parents face is whether courts can require them to contribute to their child’s college expenses. This issue can be both financially and emotionally challenging, especially for families who are adjusting to life post-divorce.

Disagreements over public versus private schools or how expenses will be divided can complicate matters, making it essential to seek legal guidance. An experienced Illinois family law attorney can help you make informed decisions about your child’s education while also protecting your financial stability.

What Does Illinois Law Say About College Tuition After Divorce?

State law allows courts to order parents to contribute to their child's college expenses under certain circumstances. Unlike child support, which normally ends when a child turns 18 or graduates from high school, this provision explicitly addresses post-high school education.

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 Posted on December 06, 2024 in Spousal Maintenance

Retirement often brings significant life changes, including new opportunities for relaxation and a slower pace of life. However, this time also comes with financial adjustments. For those paying or receiving spousal maintenance, it raises many pressing questions. What happens to the payments when your income shrinks? Does retirement justify a reduction in obligations? To gain a better understanding of your legal options and responsibilities, it is important to consult with a DuPage County, IL family law attorney.

What Happens to Spousal Maintenance When You Retire?

Retirement typically results in a lower income, whether it is due to transitioning to Social Security benefits, using retirement savings, or relying on pensions. This change can impact spousal maintenance obligations, as courts examine your income levels when determining payments. These orders are not automatically adjusted when you retire, so you may need to take legal action to modify your payment terms.

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 Posted on November 28, 2024 in Divorce

Divorce is rarely an easy process, but high-asset cases bring additional layers of complexity. Couples with significant wealth often have to navigate dividing business interests, multiple real estate holdings, or intricate financial portfolios. The way these issues are resolved can profoundly impact both parties’ financial futures. 

Two common divorce resolution strategies for high-asset cases are mediation and litigation. Each has advantages and drawbacks, and the right choice depends on the couple's unique circumstances. A DuPage County, IL divorce lawyer can help you determine whether a collaborative resolution through mediation or going to trial is the best legal strategy for your case.

When Does Mediation Work Best?

In mediation, divorcing spouses work with a neutral third party, known as a mediator, to resolve disputes and reach a mutually acceptable agreement. Mediation can be useful in high-asset divorces because it can provide: 

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 Posted on November 18, 2024 in Child Custody

The holidays are a time for family, joy, and togetherness. However, for parents navigating a shared custody arrangement, it can also be a time of stress and tension. They may wonder how they can create a holiday schedule within their parenting plan that works for everyone and is fair to their children.

With the right approach, it is possible to make the holidays a positive experience for your family, even in a co-parenting situation. An experienced Illinois family law attorney can help you create a balanced holiday schedule that prioritizes your children’s needs while respecting each parent's right to quality time.

How Should You Decide Which Holidays Each Parent Will Have?

The ideal way to divide holiday time is through open, respectful communication. Parents can discuss their preferred holidays and make adjustments based on family traditions, religious observances, and other personal priorities. Events like family reunions or annual celebrations that hold particular significance could influence the scheduling decisions.

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 Posted on November 14, 2024 in Divorce

Life after divorce often brings a range of adjustments, especially when managing finances independently. In some cases, however, these financial circumstances can shift unexpectedly, creating new burdens that impact your ability to comply with the terms of your divorce decree. 

Events like sudden job loss, a medical emergency, or a considerable pay decrease can strain your resources, making it difficult to maintain agreed-upon financial obligations. An experienced Illinois family law attorney can help guide you through your options if you need to modify your divorce decree due to a significant financial change.

Can I Modify My Divorce Decree After a Financial Change?

To seek modification, you must demonstrate that the change impacts your ability to meet the financial obligations outlined in your original divorce decree. Illinois law allows for modifications to divorce decrees if there has been a substantial change in circumstances such as: 

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 Posted on November 06, 2024 in Child Custody

When parents go through a divorce, one of the most challenging aspects is deciding custody arrangements for their children. In some cases, a child may express a preference about which parent they want to live with, which can raise questions about whether the child’s opinion will influence the court’s decision. The court will consider many factors when determining custody, and the child’s preference is just one part of a broader analysis. An Illinois family law attorney can guide you through the custody process and help protect your child’s well-being. 

Does a Child’s Preference Play a Role in Custody Decisions?

A child’s preference can be a factor in custody decisions, but it is not the only consideration. Under Illinois law, the court prioritizes the child’s best interests, examining several other factors in addition to the child’s preferences. Section 750 ILCS 5/602.5 of the Illinois Marriage and Dissolution of Marriage Act outlines key elements that courts must evaluate when deciding custody, referred to as the "allocation of parental responsibilities." 

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