Recent Blog Posts
What Options Do I Have to Pay My Child Support Obligation in Illinois?
In situations where the parents of a child are divorced or no longer in a relationship, child support orders are often entered to ensure that the financial responsibility of raising a child is not left up to only one parent. In Illinois, child support is typically paid by the parent who has a smaller portion of the parenting time. The amount of child support that is paid each month is determined by a formula that takes into consideration each parents’ income, parenting time, how many children you are supporting, and how much supporting your children should cost.
Paying your child support obligation is extremely important, not only for the well-being of your children but also so you can avoid any repercussions for nonpayment. If you do not make your payment, you could face significant consequences such as driver’s license suspension, wage garnishment, tax refund interception, and more. The state of Illinois offers various options for paying your child support so there is a confirmation that you are in compliance with the order and a record for the payment exists.
What If My Spouse Refuses to Follow Our Illinois Divorce Decree?
There are many steps in the divorce process, but the one that nearly everyone looks forward to is the final step -- the prove-up. If you and your ex-spouse were able to keep your divorce out of the courtroom, this is the only time you will have actually appeared before a judge. Even if you had to settle your divorce in court, either way, your divorce is finalized once the judge signs the decree. This can be a huge weight lifted off of your shoulders, but in some high-conflict divorces, the feeling of relief may be short-lived. It can be extremely frustrating if your spouse does not adhere to the terms of the decree after you spent so much time hashing things out. Fortunately, if your former spouse is wilfully disobeying your divorce decree, there are things you can do to rectify the situation.
Determining if There Is a Violation
How to Co-Parent Your Children When Your Divorce Is Not Final
When you have children, you typically envision the life you want to give them, one full of love and happiness from both parents. Making the decision to separate or get a divorce is difficult when you have children for that very reason. Suddenly, your vision is no longer the same loving image of a happy family and that can be devastating for everyone involved. Emotions play a big role in divorce, whether you would like to admit it or not. Sometimes, those emotions can be so overwhelming that it feels as if you cannot even be in the same room with your spouse anymore. If you have children, you do not have that option, especially when you are in the process of getting the divorce and you do not yet have any final plans in place. Parenting while you go through this process can seem unmanageable at times, but an Illinois divorce attorney can help you navigate this new normal.
Can Parallel Parenting Plans Work in a High-Conflict Illinois Divorce?
One of the biggest concerns that people have about divorce is how it affects the children who are stuck in the middle of these situations. Multiple studies have been conducted on the effect of divorce on kids throughout their lives and while research is always ongoing, these studies have shown that the divorce itself is not what affects children -- it is the conflict to which they are exposed. Some children who have divorced parents grow up to be successful and well-adjusted adults, while some have more trouble. The children who grew up to be successful tended to be from families in which the divorce was fairly peaceful, while the ones who experienced issues were usually from families that had a lot of conflict and stress because of the divorce. When you have children, you do not get to simply forget about your child’s other parent and never see him or her again. The reality is, you must be willing to compromise and communicate with your child’s other parent for child-rearing. Unfortunately, some couples simply cannot seem to make co-parenting work. The good news is that there are alternatives to co-parenting, with the most popular option being parallel parenting.
How to Deal With an Uncooperative Co-Parent After an Illinois Divorce
Even when a divorce is friendly and parents are amicable with one another, co-parenting is not easy work. Co-parenting takes a lot of effort, communication, and a willingness to work together to be successful. In an ideal situation, both parents would be willing to put their own feelings and hurt aside to come together as a parental unit for their children. Unfortunately, this does not always happen. Sometimes, a parent can get so caught up in their own emotions and personal vendettas that they lose sight of what is best for their children. The following advice can help you and your ex-spouse work together for the sake of your kids.
Making Co-Parenting Easier
Cooperative co-parenting is what every parent aims for after divorce from their children’s other parent. While it may seem difficult, effective co-parenting is not impossible. It simply takes a little bit of time and effort to make it work. If you are at odds with how to cope with an uncooperative co-parent, here are a few tips that can make things a little easier:
What Situations Warrant Parenting Plan Modifications in Illinois?
When making divorce arrangements, the idea is that the terms will last a lifetime. While this may work for some of the areas in a divorce, such as property division, parenting plan arrangements may not last the test of time. There are a number of reasons why someone may want to modify a parenting plan, but the court will only allow it if it is in the best interest of the child. What a parent thinks is best for the child and what the court sees as best for the child can be extremely different. That is why it is important to work with an experienced divorce attorney to determine what circumstances warrant these adjustments.
Danger Is a Possibility
The primary instance in which a parenting plan agreement is modified is if a child is in harm’s way. If domestic violence is present in either of the child’s assigned homes, a court will immediately take action to protect the child. If the custodial parent is showing signs of abuse toward his or her child, the agreement may be modified so that the child no longer lives in that household. If the non-custodial parent is suspected of abuse, he or she may be required to have supervised visitation with the child or may lose visitation rights altogether.
How Can a High-Conflict Divorce Affect My Children?
In today’s world, single-parent households are much more common than they were decades ago. According to the United States Census Bureau, more than 25 percent of American children do not live in a household with both of their parents. While not all children living with a single parent have experienced a divorce, many children have and they are typically able to cope with their parent’s divorce. However, the single factor that has been determined to harm children during a divorce is continued conflict between the parents. As stressful as a high-conflict divorce can be to you, it can be even more consequential for your children.
Conflicted About Their Loyalty
Children are naturally loyal to both of their parents, but this can become conflicting for them during a divorce. When there is a lot of contention and disagreement in a divorce, the kids can feel like they are in the middle and must choose one parent over the other. When the children are with one parent, they miss the other parent and thus may feel guilty about that. The greater the degree of conflict between parents, the greater the loyalty conflict is.
How Can I Keep the Conflict from Escalating in My Illinois Divorce?
The difficulty level of your divorce depends on a variety of factors, but perhaps one of the most important aspects is how much you and your spouse are willing to cooperate with one another throughout the process. If you and your spouse agree to be amicable, your divorce will be much less stressful. It can be frustrating when you are trying to facilitate cooperation while your spouse has made it clear that he or she is refusing to compromise. Dealing with a combative spouse can not only make your divorce much more taxing, but it can also bring about issues that are not typically found in amicable or uncontested divorces. If you are facing a contentious divorce, you may want to take the following steps to ensure that you can resolve your disputes effectively:
Know What Your End Goal Is
In most modern divorces, rather than going to court, many spouses work together with the help of their respective attorneys to settle their divorce issues. However, some couples who simply cannot come to an agreement may end up having to go to court so a judge can make decisions on their behalf. However, it is often best to try to avoid a divorce trial if possible. Even though you and your spouse may not see eye to eye on every issue, resolving your disputes outside the courtroom can save a great deal of time, expense, and emotional anguish.
Do I Need a Home Appraisal During My Illinois Divorce?
If you and your spouse own a home or other real estate, and you are planning to get a divorce, you must determine a way to divide the value of the home. In Illinois, marital property is subject to division in an equitable manner if you get a divorce. This does not necessarily mean that the value of all property is split in half and given to each spouse. Instead, the marital estate will be distributed equitably between the spouses based on a variety of factors. This means that one spouse could end up getting a larger portion of the marital estate. With that in mind, it is extremely important that you know the true value of your home before you begin the asset division process. Having your home appraised is a simple way to do this.
Benefits of a Home Appraisal
Home appraisers are often used when people want to sell their homes. An appraisal is considered an official “market value” of what a home is worth, and it can then be used to price a home to sell. Even if you do not plan on selling your home, getting an appraisal is an important step in knowing what your home is truly worth. Once you have it appraised, the appraiser will provide you with official documentation of your house’s value. This document can be used as proof of your home’s value in court or in negotiations involving the division of property.
How Should I Tell My Spouse That I Want a Divorce?
Everyone has most likely heard these four words together before: “We need to talk.” Even if this phrase has not been related to relationship problems, it is still likely to elicit a few anxious and nervous feelings. Ending a relationship is never easy to do, especially when you have decided to dissolve your marriage and get a divorce. Whether you are the person breaking the news or the person on the receiving end, that conversation will likely be one of the most difficult and painful conversations you will ever have. It may also end up being a discussion that both sets the tone for the divorce and that you and your spouse remember forever.
Breaking the News
Before you have the divorce conversation with your spouse, it is important to carefully consider his or her feelings, as well as those of your children to make the transition easier. Here are a few things you should keep in mind:
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Be certain of your decision. Telling your spouse that you want a divorce is not something you can ever take back or make him or her forget. Before you tell your spouse that you want a divorce, you should be absolutely positive about your decision. Take your time to think things over before you make up your mind, and consider speaking to a counselor or therapist about your situation.