Posted on December 00, 0000 in Collaborative Law

When you think of divorce, you might think of litigation in a courtroom with a judge handing down decisions, or a couple in a lawyer’s office arguing with each other, voices raised, about who gets to keep the family home. While popular culture would lead you to believe this is how divorce is, in reality, it does not have to be that way. When you think of getting a divorce, you do not have to go the traditional litigated route - you have options. One of those options is to go with a collaborative divorce, or one in which you both work together to settle your disputes outside of the courtroom. This has turned out to be beneficial for many couples for many reasons. Here are a couple of reasons why you should consider going with a collaborative divorce:

The Process Can Be More Affordable

Because you are settling issues in various meetings, rather than in the courtroom, you are not having to pay court costs and fees every time you try to settle something. Rather, you can make it a point to come to a decision about certain things during each meeting, cutting down on the number of meetings you will actually need to have.

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 Posted on December 00, 0000 in Collaborative Law

It is no secret that divorce is difficult. What some people do not know is that there is more than one way you can get a divorce. From DIY divorces to mediated divorces, there is a process that fits almost everyone’s situation. One type of divorce -- a collaborative divorce -- can be beneficial to the entire family. A collaborative divorce is one in which both spouses sign an agreement stating that neither of them will go to court and will instead determine solutions to their problems through meetings with attorneys, financial advisers, child specialists, and other professionals. There are many reasons to choose a collaborative divorce over a traditional litigated divorce, but here are just a few:

1. You can actually end up saving money with a collaborative divorce. Traditional litigated divorces can end up costing you four times as much as a collaborative divorce would cost. While you do end up hiring more people to help you complete your divorce, the trained specialists actually help you complete your divorce quicker and with less arguing. Plus, you are saving on countless hours of lawyers fees and court costs.

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 Posted on December 00, 0000 in Child Support

If you are currently working through a divorce or plan to file for divorce in the near future, do not rush into a new relationship. Being in a new relationship while your divorce is still being finalized can have a negative impact on your settlement and resulting arrangements, such as your child support and custody agreements. It is important that you understand how dating somebody new can affect your divorce and, if you do opt to begin seeing somebody before the process is complete, that you take it slowly and do not do anything to jeopardize your divorce agreement.

Child Custody

If a new partner moves into your home or you frequently have sexual or romantic partners coming in and out of your house, this can negatively affect your child custody agreement. The court may find that exposure to your new partner is not in your child's best interest, especially if your new partner's relationship with your child is poor, your partner uses drugs, or has a criminal record.

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 Posted on December 00, 0000 in Child Support

The battle for child support does not always end in the courtroom. In some cases, after child support is determined by the court, the non-custodial parent refuses to pay the expected amount. This defiance of a court agreement can cause the custodial parent financial strain and emotional trauma as he or she attempts to recover the required support payments.

Wage Garnishment an Important Tool

Though the Illinois Public Aid Code authorizes the state to post the photographs and names of those parents who owe more than $5,000 in support payments, and though a list of the most egregious offenders is kept up by the Illinois Child Support Services, much of the monies for support payments are still not collected. Therefore, a solution must be found, such as direct wage garnishment. While this tool is especially effective, family law attorneys need to be aware of the new stipulations enacted by the Illinois Supreme Court regarding procedures for notices of garnishment.

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 Posted on December 00, 0000 in Child Support

When you are subject to a court order regarding child support, it is obviously very important to meet your required obligations. Your child deserves, at the very least, financial support from both parents, and your payments are intended to help provide him or her with basic necessities including a home, food, and clothing. As time goes on, however, the life situations change. Some changes may be dramatic, such as the loss of a job or serious illness, while others are more gradual, including a rising cost of living and the child’s evolving needs. For this reason, the law in Illinois permits the modification of child support orders to adapt to changing situations.

Significant Change in Circumstances

The most obvious basis for a child support order modification is a drastic change in the life of either parent or the child. A sudden loss of income can make it extremely difficult for you to continue making your required payments. Similarly, if your child is diagnosed with a serious medical condition, his or her financial needs may change significantly in a very short period of time. In such cases, either parent may petition the court for an order modification, while showing the significant change in circumstances and the need for reconsideration.

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 Posted on December 00, 0000 in Child Support

In the state of Illinois, along with the rest of the country, it is understood, both statutorily and in the minds of most people, that a child deserves the support of both parents, regardless of their marital status. Most would even agree that a child deserves much more than that, but since it is impossible to legislate love and affection, the most the law can do, in many cases, is to require a parent to contribute financially to the child’s well-being. For most supporting parents, this means making monetary payments until the child reaches age 18 and graduates from high school. The obligation for certain others may extend into college, to provide help with educational expenses. If you have a child with a disability, however, you may be required to continuing providing support for many years to come.

Disability and Eligibility

Beginning in 2016, the law in Illinois regarding non-minor support will contain more specific guidelines than ever before. This is true for both support related to educational expenses and support for an adult child with a disability. A post on this blog a few weeks ago looked more in-depth into educational support, but did not really discuss adult children with disabilities.

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 Posted on December 00, 0000 in Child Support

Most responsible parents understand the importance of continuing to provide financial support for their child or children after the marriage or relationship between the adults breaks down. Of course, court-issued orders for child support are based on more than the parents’ interpretation of what may or may not be sufficient for their child’s needs. That is why law provides a fairly straightforward to be applied in the calculation of child support awards for most situations.

Basic Calculations

According to the Illinois Marriage and Dissolution of Marriage Act, in every proceeding for child support, the court must first utilize a statutory formula to establish the minimum recommended amount to be paid. The formula is based on the net income of the supporting parent and the number of children to be support, with the amount of support to equal:

• 20 percent of the supporting parent’s net income for one child;

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 Posted on December 00, 0000 in Child Support

When you are responsible for making child support payments, virtually every financial decision you make can affect your ability to meet your obligations. This is especially true if you are considering a job or a career change, as your income is very likely to change. While an increase in your income can be a good thing, a decrease could make it impossible for you to comply with your child support requirements. You may be able to petition the court for an order modification, but depending upon the circumstances of your employment, your request could be denied.

Illinois Law

According to the Illinois Marriage and Dissolution of Marriage Act, your order for child support may be amended upon a showing of a substantial change in circumstances. Losing a job, starting a new one, a significant promotion or demotion, and a complete career change could all create a significant difference in your monthly and annual income. The law recognizes a change in employment status as one of the possible causes of a substantial change in circumstances for the purposes of pursuing an order modification.

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 Posted on December 00, 0000 in Child Support

If you are a parent who has been ordered to pay child support, you probably realize the importance of your obligation. Regardless of how you may feel about your child’s other parent, you know that your child is depending on your help in providing for his or her most basic needs. But what happens when situations in your own life get in the way of meeting your responsibilities? Technically, you are still required to make your ordered payments, but there are some things you can to help improve your situation.

Basic Child Support Requirements

Under Illinois law, an order for child support is typically based on two factors: the supporting parent’s net income and the number of children requiring support. Net income is defined as any and all income for all sources minus certain allowable deductions for taxes, union dues, insurance premiums and other specific expenses. Your obligation for child support will generally be set as a percentage of your income, beginning with 20 percent for one child, up to 50 percent for six or more children. On a case-by-case basis, a court may order you to pay a higher or lower amount upon consideration your family’s specific circumstances and needs.

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 Posted on December 00, 0000 in Child Support

When you have a child, you know that you have certain responsibilities regarding his or her upbringing. When you have a child with someone to whom you are no longer married, it often becomes much more difficult to live up to those responsibilities. Orders of child support have become commonplace in Illinois and throughout the country, with most parents realizing their children deserve, at the very least, financial support from both parents, regardless of the marital situation. But do you know how courts in Illinois determine child support obligations? In most cases, the calculations are pretty straightforward.

Basic Child Support Guidelines

While either parent—and in rare cases, both parents at the same time—can be required to pay child support, the supporting parent is usually the one with less parental responsibilities or parenting time. Calculating a child support order begins with a baseline determination that is based on the supporting parent’s net income and the number of children being supported. A supporting parent is expected to pay:

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