Posted on April 28, 2016 in Main

When a couple decides to divorce, often the process can become convoluted and ugly. Disagreements can occur over everything from parenting time to property division, and many find that there is a more convenient way to go about the process. Collaborative divorce is a relatively new phenomenon, but if the parties are able to work together, the conflict can be minimized.

The Agreement

When beginning a collaborative divorce proceeding, you, your spouse, and your attorneys will sign a collaborative agreement. The agreement will state that all signatories will work together to arrive at a settlement, eschewing litigation. One might wonder what stops someone from agreeing to commit to the process, and then making an end run, so to speak, and filing suit. The answer is that an agreement of this nature in Illinois usually contains provisions barring the attorneys from going to court. A collaborative proceeding also involves several people, many of them neutral parties (such as child specialists, financial advisors and the like), all of whom would be inconvenienced and possibly injured by a spouse's decision to file suit.

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 Posted on April 21, 2016 in Main

Any divorced parent has to be ready for the likelihood of paying child support. However, not many wonder exactly what child support is earmarked for under Illinois law. It may be to your advantage to ask—sometimes, if it can be proven that support is being misused, there may be consequences that can affect you, your ex-spouse, and your children.

Formulas and Requirements

Illinois changed its child support formula in 2013 and 2015, bringing it in line with more of the states in terms of the method of calculation. The guidelines now establish a rough minimum that can be ordered per child in Illinois family courts. However, it is important to remember that such numbers are minimums, not maximums. A host of different factors, such as each parent's current and future earning potential and any unique needs the child may have, are factored into a court's determination of the level of support required.

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 Posted on April 14, 2016 in Main

After a divorce, some people want to begin a serious relationship faster than others. For those who choose to move on and cohabitate with partners they need to be aware that Illinois law does not allow them to continue receiving spousal support if it is determined that they are truly cohabitating. It is a good idea to familiarize yourself with the law surrounding this issue if your situation is moving in this direction.

Illinois Spousal Support Law

Under Illinois spousal support terminates upon both remarriage and cohabitation. Section 750 ILCS 5/510(c)(3) states maintenance payments will end if the spouse receiving support “cohabits with another person on a resident, continuing conjugal basis.” The common issue is what constitutes a ‘resident, continuing conjugal basis,' and this has been the basis of considerable litigation. The rationale for spousal support terminating upon cohabitation is that a former spouse should not be allowed to ‘double dip,' so to speak—to possibly receive spousal support as well as payments or help with bills from a new partner—while their former spouse is essentially forced to help support two households.

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 Posted on April 07, 2016 in Main

Married parents are free to decide whether to contribute to their children's college educational expenses or not. However, in Illinois divorced parents who can't agree on whether to contribute to their children's college educational expenses and leave it up to the court may have no choice.

Is it Mandatory?

Illinois law holds that the court may “set aside sums [from marital property] … as equity may require” to help pay educational expenses for any child of the parties'. Educational expenses are defined as anything from tuition to books to room and board. These sums can be withdrawn, usually in the event of academic failure or criminal wrongdoing, but a parent cannot simply cease to pay because he or she feels like it.

If, in a divorce judgment, the court orders that a parent be responsible for all or part of his or her child's college expenses, it becomes mandatory that he or she does so. This obligation may be modified only upon motion and a showing of a substantial change in circumstances.

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 Posted on March 24, 2016 in Main

NOTE: A new Illinois law governing how child support is calculated went into effect in July 2017. Please visit our child support page for details

The state of Illinois takes the obligation to ensure children are supported very seriously. As such, if you are divorced within the state and default on support payments, attorneys have many tools available to them to help collect unpaid child support arrearages. The most common method of doing so is wage garnishment, via your employer.

Why Garnishment?

In Illinois, wage garnishment is used to enforce a variety of court orders, though child support is the most common. It is seen as the most reliable way to obtain money from a parent who owes child support. Under Illinois law, unpaid child support becomes a judgment as a matter of law after 30 days from the date it was due. As such, it is not necessary to go back to court in order to issue a separate wage garnishment for unpaid child support.

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 Posted on March 17, 2016 in Main

No good parent wants their children removed from their home. However, if reasonable cause is given, it can happen. If you are placed in this horrible position, there is a specific procedure that is generally followed by the courts. Moreover, you are expected to comply. Therefore it is imperative that you understand your obligations and your rights during this difficult time.

Procedures Before the Dispositional Hearing

The end stage of the child protection process is referred to as the dispositional hearing. Before that, however, there are several different hearings to determine your fitness as a parent and whether or not your child's safety requires foster care.

The first hearing can occur as quickly as 48 hours after the child's removal, and it essentially assesses whether the child needs to be placed under the protection of the Department of Child & Family Services (DCFS). If the answer is no, then the child goes home with his or her parents and the file is closed. This finding is unusual, however; a judge will generally discover that there is at least reason to conduct an investigation.

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 Posted on March 10, 2016 in Main

Maintenance in Illinois usually takes the form of either a lump sum payment or periodic payments over a period of time. Under Illinois law maintenance terminates upon remarriage and/or cohabitation of the spouse receiving maintenance with an adult individual on a continuous conjugal basis.

Under Illinois law, once a marriage ceremony has been performed, spousal support terminates. Compared to a remarriage situation, support issues regarding cohabitation are more vague and complex. If one spouse can show that the other is living with someone else “on a resident, continuing conjugal basis,” then he or she can petition to have maintenance payments terminated. However, cohabitation is not as defined as remarriage.

The crux of the matter is that the two people in question must be living in a “de facto husband and wife relationship” to be considered cohabitating. There are many different factors that a court will consider when deciding whether this is in fact the case. Factors include:

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 Posted on February 26, 2016 in Main

An issue occasionally encountered in divorce is that a spouse will simply walk out, disappear or otherwise not cooperate or participate in the divorce proceedings. Hence, this can lead to issues obtaining a divorce decree. If your spouse cannot be located or contacted, it can be a little more difficult to obtain your divorce. Consulting an experienced family law attorney is advised.

Divorce by Publication

Divorce by publication is the process during which you place your notice of divorce in the newspaper or other publications that serve the area where your spouse was last known to reside. Once the court grants permission, you may then place the notice in the relevant publication for a specific period of weeks.

Divorce by Default

If your notice has run for the prescribed length of time with no results, and you have exhausted other possibilities in attempting to locate your spouse you are able to ask the court for a divorce at that time, as your spouse is presumed to have defaulted on his or her right to contest the filing.

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 Posted on February 12, 2016 in Main

When two people divorce, they may arrive at an acceptable settlement to allocate their property and other interests, including parenting time with children and an amount of support. However, this does not close the book on all marriage-related matters forever. It is possible in Illinois to make certain modifications to your divorce decree after a Judgment is entered, though not all issues may be reopened.

Spousal & Child Support

In Illinois, a modification to either spousal support or child support may be made if a “substantial change in circumstances” has taken place. Modifications usually occur when someone has either sustained a loss (for example, if the noncustodial parent is loses a job), or when someone has had their financial situation improve. However, it is important to remember that until a court rules on a motion for a modification, payments must continue as previously set. If a party ceased paying support, or began to pay less, it could result in a party filing a petition seeking contempt of court.

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 Posted on February 05, 2016 in Main

If you have adopted a foreign-born child, you may wish to go through a process called re-adoption after returning to Illinois. Though not required by law, re-adoption offers several benefits to both adoptive parents and the adopted child. Further, the process is usually a simple and happy occasion.

Reasons for Re-adopting

Perhaps the biggest reason for re-adopting is that the process ensures that any rights of the biological parents to the child are terminated. This will help protect against any potential issues, however rare they may be, that could arise in the future. Another benefit is that during the re-adoption process, the child's name can be legally changed. Frequently, adoptive parents desire to select their own name for their adopted child.

By re-adopting, documentation of the birth can be obtained simply by contacting the Illinois Vital Records. This is important because it avoids potential difficulty in obtaining the foreign adoption decree. Re-adoption allows for the creation of a Record of Foreign Birth, which is a legal and binding document that the adoptive parents receive upon the completion of the adoption. In order to acquire a Record of Foreign Birth, the adoptive parents must submit a Certified Illinois Certificate of Adoption and some other form of evidence of the child's date and place of birth, such as a certified copy of the original birth certificate.

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