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Recent Blog Posts
Shared Parenting and Illinois’ New Child Support Calculation Model
Illinois has been using the percentage shares model to calculate child support since 1984, but that changed on July 1, 2017. Now the state uses an income shares model, which places it on par with most other states in the U.S. Another notable change to the law is the inclusion of a shared parenting provision, which may impact a parent’s child support obligation. Learn more about this provision, including how to determine if a modification to your current order may be warranted.
An Overview of the New Income Shares Model
Unlike the old child support model, which calculated child support based on the income of the paying parent and the number of children shared between parents, the new income shares model calculates child support based on the cost of raising a child (based on data from the Bureau of Labor Statistics). It also examines the income of the parents and then determines what percentage of child-rearing costs each should be responsible for paying. Spousal support is also factored into the formula now, which may impact those receiving both spousal and child support.
Is Divorce Really Bad for Children, or Have Parents Been Misled?
It seems like, at every turn, parents are told that divorce will harm their children, perhaps irreversibly so. Yet, each year, some 1.5 million children go through the separation process. Are they all doomed, their fate forever sealed by the choices their parents have made? Will their immune systems take a hit? Can they ever recover, or will they be forever scarred by this one traumatic event? Rest assured: though divorce can have a negative effect on children, most do ultimately recover – and sometimes the outcome is far better than if their parents had stayed together.
Examining the Potentially Negative Effects of Divorce
Children, like adults, can experience negative emotions during divorce. A few examples include sadness, self-blame, anger, and confusion. Stress is also common among children of divorce, and it can lead to all sorts of negative effects, such as bedwetting, clinginess, problems in school, withdrawal from family or friends, and it may even lead to more illnesses since the immune system can be weakened by stress. However, these effects are generally temporary. Most children overcome them and, in time, find a new version of “normal.”
Improving Your Chances of a Successful Divorce Mediation
Divorce can be a chaotic, emotional, and complex process – but it does not have to be. In fact, many couples walk away from their divorce, satisfied with the outcome. How can you join their ranks? Mediation may be your best bet, especially since litigated divorce practically encourages arguments and contention, but success in mediation does not come easily. It is done with intention. Learn more about how to improve your chances of a successful mediation with help from the following information.
What is Mediation?
Unlike litigated divorce, mediation encourages couples to negotiate the terms of their divorce. It does not require the use of a judge, and it may not even take place inside of a courtroom. Instead, you work with a mediator who acts as an unbiased third-party. It is also advised that you have an attorney present to ensure you fully understand the terms and implications of the decisions you are being asked to make (i.e. alimony may result in tax consequences for the receiving spouse). However, that is ultimately your decision; just be aware of the potential consequences of not having an attorney present during the mediation process.
Bankruptcy Basics: Using a Loan Modification to Improve Your Circumstances
Credit is often used to obtain the important things in life: homes, vehicles, furniture, and more. Unfortunately, the use of credit also places consumers in debt. Should a life crisis occur – an illness, an auto or work accident, a layoff at their job, or another unexpected event – debt can quickly go from manageable to a full-on crisis. Is it possible to regain control without filing for bankruptcy? Perhaps, but even if bankruptcy is required, some strategies can be used to improve your circumstances.
An Overview of the Bankruptcy Process
Debtors who are unable to make good on their debts may be eligible to file for either Chapter 7 or Chapter 13 bankruptcy. Both offer a way to start with a “clean slate,” but both also have an impact on your credit score and ability to obtain new credit. The effect is temporary, of course, but it is an inconvenience that debtors should consider and discuss with an attorney before moving forward with the bankruptcy process.
Can You Seek Custody of Your Pet in an Illinois Divorce?
When couples adopt a pet, they rarely consider what might happen if they one day divorce. Unfortunately, divorce does happen – and if an animal is involved, someone may end up heartbroken. Learn more about what happens to a pet in divorce, including how the trend may be changing, with help from the following information.
How Pets Are Classified in Divorce
Pets are usually treated as property in legal proceedings – including divorce – but unlike other assets, a pet cannot be sold or divided. You cannot split an animal, and its only real value is to the owners. Treating it like a human child, with custody and visitation rights, has historically been frowned upon. Because of this, pets usually go to one owner in a divorce.
Deciding Who Gets the Family Pet
A family pet cannot speak for itself, nor can anyone truly attest to the relationship that each pet shares with its owner. However, there are a few considerations that the courts will look at when trying to determine who gets the family pet in a divorce. Some of these may include who:
Protecting Your Small Business During an Illinois Divorce
While there are many challenges and obstacles to owning your own business, few come close to the potentially devastating impact of divorce. Sadly, small businesses are at an even higher risk because they are not typically prepared for a massive financial hit. What can you do to protect your business during a divorce, and how can an attorney help? The following explains.
When is a Business a Marital Asset?
Every state has its own divorce laws. Illinois, which is considered an equitable distribution state, considers all assets obtained during the marriage as assets. However, there are instances in which a business may be excluded from the couple’s marital estate, even if the company was established during the marriage. Likewise, there are situations in which a business started before the marriage can become a marital asset.
A major factor that goes into determining if a business is a marital asset or non-marital asset is the contribution that each spouse has made to the business. This can be either financial or non-financial. For example, if one spouse stays home to care for children while the other runs the company, the non-financial contributions of the spouse could be configured into the divorce settlement. Another major factor is the co-mingling of assets; if marital money was used to start, promote, or run the business, it may automatically be considered a marital asset, regardless of when it was established.
Estate Plan Today, Avoid War Tomorrow
Estate planning is not the most glamorous area of law. Many people do not want to think about passing away; it can be a difficult topic to discuss with one’s family. However, estate planning is extremely important and can save you or your loved ones an insurmountable amount of troubles when tragedy strikes.
Estate planning is often regarded as something the “rich” do but is not necessary for common people. This could not be further from the truth. Estate planning can determine who takes possession of your property after you pass, however much or little property you may have. It can also prevent a familial fight should tragedy strike, and the loss of a loved one happens seemingly out of nowhere.
What Makes Estate Planning So Important?
Estate planning gives courts, as well as your family, instructions about what to do with your hard earned assets. Whether it is money, real property, or a family heirloom, estate planning is the method of instructing how your affairs should be handed after you have passed.
What to Do if You Suspect Your Ex Has a Personality Disorder
If you are in a high-conflict marriage and are seeking a divorce, you may begin to wonder if your spouse has a diagnosable mental issue such as a borderline personality disorder. Often, a skilled family law attorney can help reduce conflict in these tense divorce and custody proceedings.
Definition of Personality Disorders
The two common types of personality disorders are borderline personality disorders, which are more common in women, and narcissistic personality disorders, which are more common in men.
Borderline personality disorders are characterized by intense anger, mood swings, and idealization—and then devaluation—of another.
Narcissistic personality disorders are characterized by a preoccupation with oneself to the exclusion of others. Sometimes, this person has a distorted sense of victimization, which results in intense anger and acting out. Other times, this person is detached from others, believes he is superior, and has a large sense of entitlement.
The Difference Between Chapter 7 and Chapter 13 Bankruptcy
The debt we are responsible for can pile up on us, seemingly out of nowhere. In an economy that pays lower wages in comparison to a steadily increasing cost of living, more and more people are getting crushed under the weight of their debt. Filing for bankruptcy can be a way out. The two most common types of bankruptcy in Illinois are Chapter 7 and Chapter 13; each has their unique characteristics.
Chapter 7 Bankruptcy
Filing for Chapter 7 Bankruptcy is a way to obliterate your debt—a process where your debt assets are sold, your creditors receive outstanding payment, and you are released from the debt. It is important to understand that while a Chapter 7 Bankruptcy can eliminate your debt, you also lose possession of any of the property you filed inside of the Chapter 7.
In addition, not everyone qualifies for Chapter 7 bankruptcy. To qualify, you must earn less than the state median income on a monthly basis. Depending on your income levels, you may have to take a “means test.” The means test is designed to deduct your monthly expenses from the amount of money you make on a monthly basis. This test is done as a prerequisite to filing a Chapter 7 Bankruptcy.
What Happens If I Do Not Pay Child Support in Illinois?
In Illinois, the law places an obligation on both parents to support their children. After a thorough review of the finances, a court will determine how much one parent must pay the other in monthly child support.
The goal of child support, according to Illinois law, is to provide funds “reasonable and necessary for the support of the child, without regard to marital misconduct.” Under the law, parents have a duty to pay for the educational, physical, mental, and emotional health needs of the child.
There are standard child support guidelines in the law, and a court may deviate from the guidelines based on the child’s needs or the parent’s ability to pay. For example, it is likely that a court will order that the child’s standard of living, had the parents not divorced, be maintained.
Usually, the setting of child support will be based on a simple mathematical calculation. However, once the reality of paying child support hits or unforeseeable events change your circumstances, you may find yourself unable to meet your obligations.
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