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For many couples who get divorced in Illinois, child support can be one of the hardest parts of the process. A court that orders an ex-spouse to pay child support will do so after considering several factors, such as:
Who has the majority of physical custody, known as “parenting time” in Illinois
The net income of that parent
The net income of the other parent
If spousal support, or alimony, is also being paid
The child’s or children’s needs
Because of this, it is important to retain a divorce lawyer who understands family law and can help you navigate the legal system when it comes to child support.
An issue often raised by those receiving child support is what happens when the party paying the support — called the payor — receives an increase in his or her income. Does that mean the payee should then receive more child support? The answer, as with most legal questions, is “it depends.”
Often, the division of assets can be a fairly straightforward part of the divorce process. The spouses outline all their marital assets and properties, as well as debts, and either they can come up with a reasonable plan for splitting these or the court will do so, taking into consideration both parties’ finances, earning capability, and other factors. Unfortunately, some people find they cannot trust their future ex-spouse. While it is not legal to withhold information, some people try to hide assets in an effort to keep them from needing to share them with their ex. In some cases, a spouse might use marital funds for things having nothing to do with the marriage, for example by gambling or spending on someone they are being unfaithful with. If you do not trust your spouse to be open and honest about finances and other assets during divorce proceedings, a forensic accountant might be exactly what you need. Speak with a DuPage County, IL divorce lawyer to find out more.
When a couple goes through a divorce, one of the many steps they need to work out relates to the division of their marital assets. Anything that they amassed as a couple will be divided in a divorce. Unfortunately, some people falsely believe that they can merely hide some assets so as to avoid splitting them in the divorce settlement. This is an illegal practice, but common nonetheless. This article will describe three prominent signs that your spouse might be trying to hide assets. Of course, if you have any concerns about your personal situation, a compassionate Wheaton, IL divorce lawyer can guide you further.
It is not illegal to have multiple accounts or even accounts in multiple countries. However, if your spouse has begun transferring money into investments or between accounts without offering you any explanation about it, this might be a sign that they are trying to hide assets from the authorities so they can avoid dividing them with you in a divorce. If you notice any discrepancies between your account balances and what your spouse has disclosed about his financial activity, speak with a lawyer about all of this so you can figure out what you should do next.
When parents get a divorce, one of the most pressing issues surrounds what will happen with child custody. The division of parental responsibilities, parenting time, and other matters that come up when parents end their marriage can be extremely complicated to navigate. Sometimes, parents truly seem like the enemies portrayed in television and movies. But other times, parents can split amicably and still put their child’s well-being above anything else. In such cases, they might be able to settle their child custody dispute through mediation. Speak with a knowledgeable Wheaton, IL divorce lawyer to discuss whether this might be a good option for you.
Every case varies, but mediation generally begins with both parties in a case working with the mediator to identify the issues they agree on and the issues under dispute. The mediator then begins a conversation with them about whatever issues remain unresolved and helps them consider a variety of options for resolving them. It is not the mediator’s job to make any decisions for the parents but rather to empower and encourage them to make decisions that would best suit them.
Not everyone is aware that your marital status at the time of your child’s birth affects whether you are legally recognized as the child’s father. When a woman gives birth to a baby, she is automatically considered that baby’s mother. If she happens to be married to a man at the time of the birth, then he is automatically considered the baby’s father. Things become more complicated for an unmarried couple. Certain procedures need to be followed for the father to be recognized as such, and this legal recognition of parentage is of significance later on. If the father is not interested in being legally considered the father, the mother can go through the court to compel him to take a DNA test, thus proving he is the father and making him liable for various parental responsibilities. But if you are the father and you want your parental rights, you can conduct what is called a voluntary acknowledgment of paternity, or VAP. If you are a single father who wants to be involved in raising your child, speak with a trustworthy Wheaton, IL paternity rights lawyer who can explain what your options are and offer guidance.
One of the most contentious topics when parents get a divorce relates to their children: Who will they live with? Where will they live? If parents have joint custody and one of them keeps the family home, what happens if the other parent cannot find a home in the same school zone? Birdnesting can be a good option for parents trying to think outside the box to help their children keep feeling stable and settled despite the divorce. While this article will provide basic information about the concept, you can speak with a Wheaton, IL divorce lawyer to find out more and see whether this kind of arrangement might suit you and your ex-spouse.
Most divorced parents live in two separate homes, and their children alternate between them depending on their prearranged custody schedule. While many people find that living completely separate from their ex is the best way to move on, some choose a different living arrangement. Birdnesting is when the family home is retained, and the children live there permanently. The parents alternate staying in the home with them based on the custody and visitation agreement. On days when the other parent is with the children, they stay somewhere else.
People about to go through a divorce are commonly concerned about the costs involved. When you are busy wondering how you will be able to transition from a situation of shared income and expenses to one of financial independence and being responsible for covering the costs of living and raising children on your own, the idea that you will now need to pay a lawyer for however long the process will take can seem unimaginable. As you start researching the divorce process online, you will likely find websites claiming to offer easy and inexpensive ways to have a “do it yourself” divorce without needing a lawyer.
Understandably, people sometimes opt out of hiring a lawyer, especially since you are not required by law to have one represent you in your divorce. However, if your specific situation involves conflict, an owned business, a complex financial portfolio, or children, having an experienced attorney represent you and your interests can be pivotal. If you are considering divorce, a compassionate Wheaton, IL divorce attorney can offer you invaluable guidance.
If you are an unmarried father who wants parental rights, it is important that you establish paternity. While it is a fairly simple procedure at the time of the child’s birth, that is not always an option. If not, there are ways for you to establish paternity after the child is born. If you are a single father in Illinois who wants to establish your paternity, an experienced Wheaton, IL paternity attorney can explain what is involved and help you figure out how to proceed.
In the state of Illinois, a woman giving birth is automatically and legally considered the child’s mother. If she is married to a man at the time of birth, her husband is automatically and legally considered the baby’s father. When the parents of a baby are not married at the time of birth, it is less straightforward for the father. He is not automatically recognized as such and will need to establish his paternity, meaning he needs to prove that he is the child’s father.
While deciding to get a divorce can be extremely difficult for most parents, that decision might just be the tip of the iceberg. The parents will need to go through divorce proceedings, reach a settlement, and then abide by that settlement as they move on from their divorce to the next stage of life: continuing to raise their children while they are no longer together. This can mean going from a two-income household to a single-income household, and the financial implications can be far-reaching. If an ex is expected to pay the other child support but fails to do so, this can further add to the financial stress. If your ex suddenly stopped making child support payments, an experienced Wheaton, IL divorce lawyer can guide you during this stressful and trying time.
Under typical conditions, courts do not intervene in a family’s financial affairs. The parents manage their own finances as they see fit; as long as the children are fed, sheltered, dressed, and responsibly cared for, no one has the authority to tell the parents what to do with their money. Some couples have one shared bank account and share all marital income and debt. Others keep their incomes separate, and each has their own household expenses that they cover individually.
Every person is unique, so no two marriages can be the same. That explains why some couples will have a very contentious divorce while others will be relatively amicable. When two people wish to end their marriage but would like to avoid conflict, mediation can be an excellent option. It costs less, takes less time, and involves less conflict than a divorce played out in a courtroom. Suppose you believe you and your spouse could reach a divorce settlement without entering the court. In that case, a knowledgeable DuPage County, IL, divorce lawyer can help you understand whether mediation could suit your needs.
After an initial meeting with all involved parties, the two spouses sit in different rooms during a mediation process. The mediator’s primary role is facilitating communication and negotiation between the spouses, going back and forth between their separate rooms. The mediator will share their questions, offers, and responses with each other. They listen to both sides’ concerns, identify core issues and points of conflict, and offer compromises that both could find agreeable. After several rounds of relaying information to the spouses, mediation should ultimately end what a comprehensive divorce settlement has been formulated. The couple then needs to file an Illinois divorce petition with the court, and the process is essentially complete.
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