Recent Blog Posts
August is Child Support Awareness Month in Illinois
Illinois has been celebrating Child Support Awareness this month by highlighting some new initiatives that are improving the state’s child support system. With so many parents and children affected by child support, it seemed prudent to give the topic some special attention and increase awareness of various improvements being carried out. By focusing on improved support, access, education, and enforcement, the state hopes to help as many Illinoisans as possible navigate the child support process smoothly. If you have questions, speak with a skilled Wheaton, IL family law attorney to hear how these new initiatives might help you.
What New Child Support Initiatives Has Illinois Introduced?
Some of the new child support initiatives that Illinois has recently launched include:
- More equitable calculations: Illinois has moved to an income shares model to make child support payments more equitable. This new model takes income, parenting time, and other factors into consideration when calculating child support amounts.
Why Stay-At-Home Moms Should Not Fear Divorce
It is never easy to get a divorce. You are juggling logistics, legal arrangements, and the feelings that come along with a breakup all at the same time. If you are a stay-at-home mom, you might feel particularly worried about the future. You might even think that you should stay in your marriage instead of facing all the unknowns that come with divorce. However, staying in an unhappy marriage might not be the best choice for you or your family. If you are a stay-at-home mom in a broken marriage but are worried about how divorce will affect your future, speak with a compassionate DuPage County, IL divorce lawyer to use their expertise as a sounding board.
Important Considerations for Divorce
It is generally hard to decide that divorce is the logical next step. While it is something many people would prefer to avoid, ending a marriage can have an incredibly positive impact on your life if it is a source of stress rather than support and encouragement. As difficult as it can feel for a stay-at-home mom to consider divorce, there are many points to keep in mind, including:
New Law Regulating Profits From Child Influencers
The world we live in today seems quite different from how it was only 20 years ago. There are many things people say now that would not have meant anything back then: "I can Venmo it to you." "Did you see what she tweeted?" "Let me call you an Uber."
There are also new industries based on social media platforms. For example, being an influencer can be very lucrative. As new professions develop, new laws and regulations are needed to protect consumers and internet personalities alike. What happens when the person whose content earns millions in profits is a child? How should the parents navigate this? If you are the parent of a child influencer, speak with a seasoned Wheaton, IL family law attorney to understand your legal obligations and rights.
Protection for Kidfluencers
Over the past decade, "kidfluencers," or children with social media channels, have been gaining sizable followings. Some influencers have enough followers to monetize their platforms with sponsorships or collaborations. There are many cases of child influencers whose platforms earn millions of dollars annually. However, the children featured in these channels rarely own their platforms. Children generally trust their parents to have their best interests in mind. Unfortunately, some cases of parental exploitation of their children’s popularity have shown why child influencers need legal protection.
Why Would a Divorce Be Contested?
Ending a marriage is rarely an easy decision. Even when both spouses agree that separation is the best path forward, the divorce process can be emotionally taxing. In an ideal world, couples would always part ways amicably, working together to create fair arrangements for property division, finances, and, if applicable, child custody. However, real life is often more complicated, and sometimes, divorces become contested.
A contested divorce occurs when spouses cannot agree on one or more issues. This situation can arise even between couples who still maintain mutual respect. It is not about being difficult or uncooperative; it often stems from genuine concerns or differing perspectives on what constitutes a fair resolution. An Illinois lawyer can help you determine what to do with a contested divorce.
Common Reasons for Contested Divorces
- Child-related matters: Parents naturally prioritize their children’s well-being. Disagreements may arise over custody arrangements, parenting time, or decision-making responsibilities. Each parent might have a different vision of what best serves their children’s interests.
Dealing with False Accusations of Domestic Violence
Domestic violence accusations are taken very seriously in Illinois. To ensure that all victims are protected, there is a streamlined process in place that does not always require corroborating accusations before taking action. If your wife has falsely accused you of domestic abuse, the court might grant her an Order of Protection, and you can be legally obligated to maintain a distance from your home and even your children until it is resolved. She might even get an Emergency Order of Protection, which is issued almost immediately without hardly any bureaucracy or processing delays. Fortunately, if you can demonstrate that her claims are false, you have options. If you are facing false accusations of domestic violence, contact a passionate DuPage County, IL family law attorney to understand how you can fight them.
Responding to an Emergency Order of Protection
Accusations of domestic abuse are taken seriously. There is a dedicated procedure that needs to be carried out for the court to determine whether the accusations are valid and an Order of Protection should be issued. However, based on the accuser’s testimony alone, an Emergency Order of Protection (EOP). This is a form of a restraining order that can take effect immediately. It is not issued instead of a regular Order of Protection but just used until the court completes the regular process to prove that an Order of Protection is necessary. If the court issues an EOP, you will be given information about:
Collecting Child Support When Your Ex Stops Paying
One reason parents get nervous about going through a divorce is finances. Even if only one spouse works and earns a salary, the household and child-raising expenses are shared and jointly managed by the couple. If you have been a stay-at-home mom depending on your husband’s income, the idea of managing financially on your own can be overwhelming.
Child support is meant to help. If one parent ends up taking on more of the child-raising responsibilities after a divorce, the other parent needs to send them regular payments to compensate for it. Often, this is a logical arrangement that suits both parents: If one parent has less flexibility to work because they have to drop the child off, pick them up, shuttle them around to their medical appointments and extracurricular activities, and generally be available, it makes it harder for them to have a demanding but lucrative job. It also means the other parent is free to stay at work late and establish themselves at their job, and in turn, they can earn more money.
Grounds for Divorce in Illinois
Years ago, you needed to be able to come to divorce court in the state of Illinois and give a good enough reason why your marriage was ending in order to be approved. If the court did not think you had a good enough reason to split up, you needed to stay married. Thankfully, as of January 1, 2016, Illinois has been a “no-fault” state. That means you do not need to explain the specifics behind why you and your spouse no longer want to be married and you do not need to convince the court that it is a good enough reason. The only grounds recognized for divorce in Illinois are irreconcilable differences. Regardless of whether someone cheated on the other, lied, or hurt them, neither spouse is considered to blame. The couple simply had differences that were too significant for them to overcome. If you are confused about how this might impact your future divorce, speak with an Illinois family law attorney to find out more.
What Does Irreconcilable Differences Mean?
Since Illinois is a no-fault state, spouses who want a divorce no longer need to give any reason why they want this other than irreconcilable differences. This has changed how divorce works in a few ways, including:
How Does Birdnesting Work in Illinois?
Breakups are generally difficult to go through emotionally. Even if the people breaking up with each other have a great deal of respect and appreciation for one another, they are still acknowledging that they are unable to overcome differences or obstacles and are better off apart than together. It can be a harsh conclusion to come to, even more so if the couple is married with children. People tend to prefer staying together and raising their children as a couple, but sometimes that simply is not possible.
Parents going through a divorce need to figure out how they will be splitting their property and assets, what sort of spousal support arrangement they will have, and how they will continue raising their children with this new dynamic in their relationship. While some couples might have ugly fights with each spouse trying to get sole custody, other parents try to work together to come up with creative solutions that might suit their children’s best interests.
Do Alimony Payments Stop if a Spouse Remarries in Illinois?
When 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:
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The length of the marriage
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The income of each spouse
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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.
What Happens If I Get Divorced While Unemployed in Illinois?
Getting 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:
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Child support
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Spousal support, also known as alimony
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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.