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Does a Raise Mean an Automatic Increase in Illinois Child Support Payments?

 Posted on March 23, 2024 in Child Support

IL family lawyerIn the state of Illinois, child support payments are calculated based on several factors, with special emphasis placed on the payer’s income. This brings up a logical question. What if your income does not always remain as it was at the time that you got divorced? If you lose your job, can you stop making those payments? If you get a raise, do you need to pay more? Just like with all other aspects of your divorce settlement, the answer to these questions is that it all depends on your specific circumstances. If you were given a raise at work recently, a knowledgeable DuPage County, IL divorce lawyer can review your situation and guide you on how to proceed.

Who Can Request a Modification?

In a child support arrangement, there is a paying parent and a non-paying parent. Any requests for modifications need to come from the non-paying parent. Additionally, these requests need to be submitted to the court rather than directly asking the paying parent to pay more. Unless it is stated clearly in the divorce settlement or child support agreement, the paying parent is not required to inform the non-paying parent that they got a raise. They are also not required to do anything or make any changes to their payments unless a judge grants a modification.

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The Three Main Ways to End a Marriage in Illinois

 Posted on March 13, 2024 in Divorce

IL divorce lawyerThere are many reasons why a couple might wish to end their marriage. While the state of Illinois takes marriage seriously, and there is a process that needs to be carried out for a couple to end theirs, ending it is a legally recognized possibility, and no one needs to feel stuck. Whether you or your spouse have changed in some way, or you realize you never should have gotten married in the first place, you certainly have legal options for putting an end to your marriage. This article will describe some of those, and an experienced DuPage County, IL divorce lawyer can provide more detail and advise you on which method might suit you best.

Divorce

While it is the most commonly known way to end a marriage, divorce can also be the most complicated of the possible methods to go through. Depending on the unique circumstances of the couple, a divorce process can be one of high conflict and animosity or more amicable and collaborative. Several factors can affect how tense any given divorce will be, including:

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How Should I Deal with Domestic Violence?

 Posted on February 19, 2024 in Domestic Violence

IL family lawyerDomestic violence is, unfortunately, a very common occurrence. In fact, the Centers for Disease Control have stated that millions of Americans are affected by domestic violence every year. When someone is a victim of domestic violence, it can be extremely difficult for them to leave the situation, considering all the ways they will need to start over, but no one should have to suffer through the awful experience of being abused in their home or by a relative. If this describes you, please know that you have options, and a Wheaton, IL family law attorney can help.

Order of Protection

Victims of domestic violence can file a petition for a restraining order, officially called an Order of Protection. This order restricts the abuser from coming within a certain distance of and contacting you and/or your children, depending on the specific circumstances. If your abuser violates this order, they can be arrested and incarcerated, so they will be motivated to abide by it.

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Steps in an Uncontested Divorce

 Posted on February 09, 2024 in Divorce

IL divorce lawyerWhile we have all seen the familiar scenes on screen of a bitter divorce being settled in a tense courtroom with a judge banging their gavel and calling everyone to order, reality can often be quite different. Some couples dissolve their marriage amicably. Even though they no longer feel it makes sense for them to stay married, they might still have positive feelings towards each other. Even if they no longer feel the love, if the two spouses are good parents, they might manage to put aside their personal feelings for the sake of their child, even wanting their future ex to be granted a fair division of property and time with the child, to benefit the child. In cases where the couple is interested in avoiding animosity, an uncontested divorce can sometimes help prevent the divorce proceedings from turning into unnecessary fighting. If you and your spouse want to divorce but prefer to avoid getting dragged into fights and zero-sum games, you should speak with an experienced Wheaton, IL divorce lawyer to see whether an uncontested divorce might be something to aim for in your case.

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How Is the Fate of a Family Home Decided in an Illinois Divorce?

 Posted on January 27, 2024 in Divorce

Blog ImageOne issue that is stressful for a couple amid the divorce process is that of property division. On the one hand, there is the monetary value to think about. On the other hand, there are emotional and logistical considerations to take into account. The family home can be a source of memories, and whether they are good memories or painful ones can affect whether someone wants to stay in it after a divorce. It can also be a source of shelter and security and can provide a sense of stability to children who may be involved. Suffice it to say, deciding what to do about your family home is no simple matter. An experienced DuPage County, IL divorce lawyer can explain your options and help you figure out how to proceed.

Possibilities for Your Family Home

Whatever you end up deciding about your family home will be influenced by your unique circumstances and experience in that home. Before making this decision, you should give yourself time and space to consider how you feel and what would best serve your interests. 

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Can I Stop Paying Child Support if I Get Laid Off?

 Posted on January 10, 2024 in Child Support

Wheaton, IL child support lawyerOne of the best-known facts of life is that things change. For better or for worse, you can plan something for your future and then find that your situation is extremely different just a few years later and your plans are no longer relevant. The same is true for plans made as part of a divorce settlement

You might have been gainfully employed at the time of your divorce and have committed to pay a certain sum in child support. The amount that would make a huge difference in your ex’s ability to cover childcare costs might not have even been something you considered a lot at the time. However, if you are unexpectedly laid off from your job and suddenly find yourself nervous that you might not be able to cover your monthly expenses, things can become more complicated. If you pay child support and have lost your job, you should speak with an experienced Wheaton, IL child support attorney to help you make sense of a confusing situation.

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How Family Violence Affects a Child’s Well-Being

 Posted on December 20, 2023 in Domestic Violence

Blog ImageChildren who witness domestic violence or who experience the violence first hand will likely suffer both short and long-term damage. The short-term damage is often obvious but the long-term damage can go unnoticed well into adulthood. When domestic violence arises in a household, whether you require immediate support for your children or an order of protection for yourself, it is a good idea to involve a lawyer as soon as possible.

Short-Term Effects of Domestic Violence in Children

Children can be affected in many ways after witnessing or experiencing domestic violence from a family member, especially one of authority. The age in which the violence takes place is also a factor in how it will affect them. A minor child may have no idea what is going on when it occurs or have no understanding of why it is happening in the first place. An older child may simply feel powerless to prevent it.

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The Basics of Illinois Parenting Time

 Posted on December 07, 2023 in Child Custody

DuPage County, IL visitatin lawyerEvery parent’s situation is different and as such it can be difficult to create a perfect parenting time schedule. Oftentimes a 50/50 split is not the best solution and, in cases where parents cannot agree or there are questions of parental fitness, it may be up to the court to determine the best interest of the children and the appropriate parenting time schedule. Illinois prefers that each child has two involved parents in their life so long as it does not affect the mental, physical, emotional, or moral well-being of the child. For a deeper understanding of how parenting time is allocated, speak with an experienced attorney.

Parenting Time As Defined By Illinois Law

Formerly known as visitation or physical custody, parenting time involves how much time a parent can spend with their child. It covers the rights and responsibilities each parent has to their children after a divorce. Parenting time will determine where a child’s permanent residence is located, how often that child will spend with each parent, the responsibilities of each parent when the child is with them, and the means of transportation between visits.

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Top Reasons For a Postnuptial Agreement

 Posted on November 22, 2023 in Family Law

DuPage County family lawyerEven the most happily married couples can benefit from drafting a postnuptial agreement. Though it may have been better to sign a premarital agreement before tying the knot, a postnuptial agreement can still enable both parties to protect their interests in the event the blissful union comes crashing down in the future. For help with drafting either a premarital agreement or postnuptial agreement, consult an experienced and qualified lawyer.

What is a Postnuptial Agreement?

Premarital agreements occur before getting married. Both parties sign a contract defining what belongs to them and remain with them should a divorce happen sometime after saying their vows. A postnuptial agreement, or postmarital agreement, is similar but happens after the marriage has already started.

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The Benefits of Collaborative Law in Illinois Divorce

 Posted on November 06, 2023 in Divorce

DuPage County divorce lawyerTraditional divorce litigation can be mentally, emotionally, and financially draining for both parties. Contested divorces are oftentimes extremely ugly as much as they are expensive. Collaborative divorce is a terrific alternative that could lead to a more amicable divorce settlement. Collaborative divorce requires legal representation. A skilled and experienced divorce attorney who understands collaborative law can be a boon to your efforts.

What is Collaborative Law?

Collaborative divorce differs from traditional litigation in that it is an entirely voluntary process that allows couples to try and work out their differences away from the typical courtroom drama. Rather than trying to “win” the divorce, couples will have a chance to come to terms on contested issues in a less hostile setting. The focus in a collaborative divorce is to respect both parties’ wishes and concerns and try to create the best outcome for both parties and their children. The process requires a participation agreement signed by both parties and their lawyers.

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