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Do Alimony Payments Stop if a Spouse Remarries in Illinois?

 Posted on April 25,2024 in Alimony

Wheaton, IL alimony lawyerWhen a couple gets divorced in Illinois, one of the parties often must pay spousal support, or alimony, to the other. The amount of alimony payments and their duration are based on several factors, such as:

  • The length of the marriage

  • The income of each spouse

  • Which spouse has child custody

Sometimes a spouse is ordered to pay alimony indefinitely, and sometimes he or she must pay spousal support for a fixed amount of time. In either case, spousal support can be terminated in certain circumstances, such as remarriage. 

This article will discuss when remarriage affects alimony, though any questions about spousal support should be directed to a qualified Illinois attorney.

What Happens if the Payor Gets Remarried?

The spouse who pays the alimony is called the payor, and the spouse receiving the alimony is called the payee. If the payor gets remarried, he or she must continue making spousal support payments. 

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What Happens If I Get Divorced While Unemployed in Illinois?

 Posted on April 11,2024 in Alimony

DuPage County, IL divorce lawyerGetting a divorce in Illinois requires planning. This is especially true when it comes to finances that will be affected by the divorce. People who dissolve their marriages often lose considerable amounts of money in the form of:

  • Child support

  • Spousal support, also known as alimony

  • Division of assets

If you get divorced, it is best to first make sure you are gainfully employed if possible. This will allow you to plan a budget for after the divorce and not sink too far into debt.

But sometimes, divorce is not up to you. If your spouse files for divorce and you are unemployed, consult with an experienced divorce attorney who can walk you through your options. 

Here are a few things to consider if you are unemployed and getting a divorce in Illinois.

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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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