Recent Blog Posts
The Impact of Divorce on Your Health Insurance Coverage
In 2023, about seven percent of the American population had no health insurance coverage. Employment-based health insurance coverage continued to be the largest source of health insurance, with about 164 million Americans receiving their health insurance through their employer. Another 23 million Americans received health insurance through Marketplace, 92 million from Medicaid and CHIP, and about 60 million from Medicare.
Married couples are often covered under the same health insurance plan, usually through one spouse’s employer. The spouse whose employer provides the health insurance is known as the "policyholder" or "primary enrollee." The other spouse is the "family member" or "dependent." Even when both spouses work, there may be significant differences between the health insurance their respective employers provide, so they often enroll in the health insurance with the best benefits. While this may work out well while the couple is married, what happens in the event of a divorce?
Do I Have to Pay if My Ex Sends Our Child to Private School?
Perhaps you and your ex disagree on virtually every aspect of raising your child, leading to near-constant conflict. Or perhaps you can usually set aside your differences and make decisions based on your child's best interests. Either way, school choice can be a hot-button issue between parents. One parent may want to homeschool, while the other believes public school is the best choice. Alternatively, one parent may want to send the child to a private school rather than public school or homeschooling.
This becomes not only an issue of disagreement about school choice but also about extra child expenses. Private schools are usually expensive, and your ex may ask you to pay for half of the tuition, uniforms, books, etc. If you feel you are already stretched thin financially, you may balk at the decision to put your child in a private school. But do you actually have the option of refusing to pay? If you find yourself in a similar situation, it is important that you speak to a knowledgeable Batavia, IL family law attorney from The Law Office of Matthew M. Williams, P.C..
What Are the Most Common Financial Mistakes During Divorce?
Financial considerations are often a big part of the conflict between spouses during a divorce. Unfortunately, one spouse often comes out on the losing end of finances for various reasons. One partner may be fed up with the arguments regarding assets, so he or she simply walks away from a fair share of the marital property. In other cases, one spouse may have allowed the other spouse to have full control of the marital finances, so may have little idea of what assets exist.
While it is normal to want to have the divorce over and done with, the decisions you make during your divorce can have long-term consequences. Your future financial well-being is an important part of your divorce. The best way to ensure you receive your fair share of the marital assets is to speak to a knowledgeable Geneva, IL divorce attorney from The Law Office of Matthew M. Williams, P.C..
Avoiding 15 Common Financial Mistakes Often Made During Divorce
If you are facing divorce, you may also wonder whether your finances will take an unrecoverable hit. While Illinois is an equitable division state that requires all marital assets to be divided fairly, certain issues can get in the way of an equitable division. One way to protect yourself financially during divorce is to be aware of the following financial mistakes that are commonly made during divorce by one or both parties.
Does a Parenting Plan Need to Specify a Right of First Refusal?
The allocation of parental responsibilities is a part of divorce that is often fraught with complications and contentiousness. When parents are putting a parenting plan together, it can be difficult to think of every situation that might need to be detailed in the plan. As an example, what will happen when a child is sick? Which parent will take the child to the doctor, and which will stay home with the child when necessary? If a child has a conflicting school event on an evening that is supposed to be spent with one parent, does being in the audience "count" as parenting time, or should that parent get additional time?
One issue that is often overlooked is the right of first refusal. Suppose it is mom’s parenting time, but her job requires her to work over the weekend. She leaves the child with grandma or a babysitter, only to find that dad is angry that he did not have the option of spending that time with the child. This is known as the right of first refusal. When one parent is unable to spend their scheduled parenting time with the child, the right of first refusal dictates that the other parent is asked whether he or she wants the time before anyone else is asked to care for the child.
How to Co-Parent While Still Living in the Same House | IL
As if co-parenting after divorce were not difficult enough, some parents are forced to continue to live in the same home, whether due to limited financial resources or because they are allowing the children time to adapt to the divorce. How do you occupy the same space you once shared with your spouse as a family and make it work?
Perhaps one of you received the house during the division of assets, which can make your situation even more awkward. While you might imagine your life will now be filled with silence, icy stares, or arguments, you could be surprised to find that there are certain benefits to your current circumstances.
Even if your ex is now living across the hall, and even if you just went through an extremely contentious divorce, there are ways to make this work. When you and your ex (or the judge) determined the allocation of parental responsibilities, you were likely thinking about how it would work from two different houses. An Aurora, IL, allocation of parental responsibilities lawyer can offer compassion and resources to help you get through this time in the best way possible.
What Can I Do if My Lazy Spouse Is Awarded Spousal Support?
Across the nation, spousal support laws have been evolving, largely as a result of more women in the workplace. While spousal support (also known as alimony or spousal maintenance) for a wife – sometimes even permanently – was once the standard, this is no longer the case. You may feel as though your ex-spouse has no incentive to become self-supporting after being awarded spousal support. Perhaps he or she did not contribute financially during the marriage. You may also feel that you are financially unable to move forward with your life because of your spousal support payments.
What if your ex, in your estimation, is just lazy? Will you be saddled with spousal support for years, even decades? In 2019, Illinois made significant changes in the way spousal support is calculated, leaving less opportunity for the Court to order an unreasonable amount. If you are going through a divorce and need guidance and answers to your questions regarding IL spousal maintenance, a Batavia, IL spousal support attorney from The Law Office of Matthew M. Williams, P.C. can help.
Can I Force My Ex to Take Residential Custody of Our Teen?
Teenagers often make poor life decisions in the years before their brains are fully developed. In 2021, almost ten percent of the nation’s violent crimes were committed by teenagers. The rate of teen pregnancies in 2022 was 13.5 per 1,000 females. While this is a three percent drop from 2021, teen pregnancies and teen crimes are still a fact of life.
Even when teens are not committing violent crimes or facing teen pregnancy, they may be driving under the influence, experimenting with drugs, or committing less serious crimes. Parents who are married must handle these issues together, regardless of the cost – emotionally and financially. The situation may be different for divorced parents, especially for parents with residential custody.
How Do Child Custody Modifications Work in Illinois?
When you have children, things change, sometimes so rapidly that you can hardly keep up. Some of these changes require a custody modification and the only way to accomplish this is to file the paperwork and return to court, where a judge will determine the outcome of your request. After a long, drawn-out custody battle, the very thought of going back to court to make a change can leave you dreading the process.
If you are facing such a change, you can benefit from speaking to an experienced Batavia, IL child custody lawyer from The Law Office of Matthew M. Williams, P.C.. While it may not be the most enjoyable thing you have done recently, if a modification is in the best interests of your child, it is worth it. Your attorney can guide you through the process, making it easier and more comfortable for you.
How Often Can I Ask the Court for Custody Modification?
Custody is now known as the allocation of parental responsibilities and refers to which parent makes decisions for the child or if the decision-making is shared. The day-to-day issues of where the child lives or visits and which parent cares for the child are referred to as parenting time or placement. Courts generally avoid making changes so the child has stability in his or her life.
The Top Ten Strangest Divorce Settlements | IL
While one spouse often believes he or she got the worst end of the divorce settlement, in most cases, assets are divided either under state community property laws or equitable distribution laws. Illinois operates under equitable distribution laws, which dictate that marital assets are divided fairly, which may or may not mean equally. So what circumstances could cause what seems to be a totally bizarre divorce settlement?
Strange or disparate divorce settlements are sometimes the result of a prenuptial or postnuptial agreement. Others are the result of one spouse hiding marital assets. There are specific factors in place used by Illinois family court judges when determining divorce settlements, but if you feel as though you may get the short end of the settlement, speak to an experienced Oswego, IL divorce attorney from The Law Office of Matthew M. Williams, P.C. who will aggressively defend your rights while looking out for your future.
Do You Have a Clear Exit Strategy for Your Divorce?
While the figures differ, about 42 to 50 percent of first marriages end in divorce, while about 70 percent of second and third marriages end in divorce. Some spouses never see a divorce coming, while others have known for months, if not years, that divorce is inevitable. If you are aware that your marriage may end in divorce, it is always a good idea to be as prepared and proactive as possible.
In particular, if your spouse earns the majority of the income while you stay home with the children, you need to know exactly what your marital financial situation is and what you are entitled to receive. It is also important to know whether you are entitled to spousal support and how a child custody decision is likely to go.
You can get the answers to all your questions by speaking to a Yorkville divorce attorney from The Law Office of Matthew M. Williams, P.C.. We are fully committed to every client and will guide you through the divorce process to make it as simple and comfortable as possible.