Posted on July 12, 2023 in Child Custody

When it comes to divorce and child custody cases, one of the most common questions that parents have is who will be responsible for paying child support. In Illinois, child support is calculated based on a number of factors, including the incomes of both parents and, in some cases, the amount of parenting time that each parent will have with their children. In cases involving "50/50" custody where children will spend equal or near-equal amounts of time with each parent, uncertainties may arise about who will be responsible for paying child support and how various child-related expenses will be shared by the parents. By understanding how Illinois law addresses these "shared parenting" situations, parents can make sure they will be able to address these financial issues correctly.

Child Support in Cases Involving Shared Physical Care

Illinois courts consider the incomes of both parents when calculating child support payments. Both parents are expected to provide for their children's financial needs, and a variety of different expenses may need to be addressed. In cases where children spend the majority of their time living with one parent, that parent will typically be able to receive ongoing child support payments, and the other parent will have the obligation to provide financial support for the children. However, determining how child support will be handled in cases involving equal custody will often be more complex.

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 Posted on June 19, 2023 in Divorce

The divorce process is not easy, but there are options available that can help you minimize conflict with your spouse, reach agreements that will be acceptable to both of you, and ensure that you will be able to move on successfully after the end of your marriage. Mediation is often a more peaceful and cost-effective option for resolving divorce-related issues and creating a settlement. By working together with a neutral mediator, you and your spouse may be able to resolve your differences more quickly and efficiently, while also coming up with creative solutions that will allow you to cooperate with each other in the future.

However, mediation is not always the best method for addressing divorce-related concerns, so you will need to understand what approach will be best for your individual situation. By considering the following questions, you can determine whether mediation is right for you:

Are You Willing to Compromise?

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 Posted on June 09, 2023 in Divorce

Getting a divorce can be a difficult process, and anyone who is seeking to end their marriage will need to address a wide variety of different types of legal and financial issues. In many cases, determining how marital assets will be divided is one of the most challenging aspects of a divorce. For couples who own a home together, determining how to address ownership of this valuable asset may be one of their most significant concerns as they work to dissolve their marriage. If you are in this situation, you will need to understand whether your home may be classified as marital or non-marital property, the factors that Illinois courts consider when dividing property, and the various options you may have for determining how ownership of your home will be handled.

Issues Related to the Marital Home to Consider During Divorce

First, it is important to understand whether a house will be classified as marital or non-marital property. In Illinois, marital property includes all assets that were acquired during the marriage, while non-marital property includes assets that were owned by either spouse before the marriage, as well as some gifts and inheritances. If you purchased your home during your marriage, it will most likely be considered marital property, even if only one spouse's name is on the title. If either you or your spouse owned your home prior to getting married, it may be classified as non-marital property. While a non-marital home may continue to be owned by the original owner, they may be required to repay the other spouse for any contributions made to the home, such as marital funds used to make mortgage payments or improvements that were made to the home during the marriage.

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 Posted on May 17, 2023 in Spousal Support

Originally published: July 12, 2021 -- Updated: May 17, 2023

Update: Below, we look at the factors that may be considered when determining whether spousal support should be paid from a husband to a wife during and after an Islamic divorce. These decisions will often be made on a case-by-case basis while considering both Islamic law and the laws that affect divorces in the state of Illinois. However, in situations where it is determined that spousal maintenance should be paid, a couple will need to understand how the amount of payments will be determined and how long these payments will be made.

In some cases, these matters may be addressed ahead of time through a marriage contract or prenuptial agreement. A couple may also reach an agreement on the amount and duration of spousal maintenance in their divorce settlement. However, if other arrangements cannot be made, the family court judge overseeing the couple's divorce will make the final decisions on these issues.

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 Posted on May 08, 2023 in Illinois Family Law

Parenting time is a crucial aspect of many divorce and family law cases in Illinois. In most cases, parents will be able to share child custody, and both parents will have the right to spend reasonable amounts of parenting time with their children. This can help parents and children maintain healthy relationships while also ensuring that children's needs will be met at all times. However, in some circumstances, restrictions on parenting time may be appropriate. By understanding the situations in which parenting time may be restricted and the types of restrictions that may be put in place, parents can determine the best approach to take as they address child custody issues.

Reasons for Parenting Time Restrictions

In general, parenting time may be restricted under Illinois law if a court determines that the child’s physical, mental, moral, or emotional health could be endangered when they are in the care of a parent. Some issues that may be raised when determining whether to put restrictions in place include:

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 Posted on April 26, 2023 in Illinois Family Law

Marriage can be a beautiful union between loving spouses, but it is also a legal and financial partnership. While love and trust are the foundation of a healthy relationship, there is always the possibility that a marriage may break down, and it is wise to consider the possibility of a divorce. Because of this, many couples choose to sign a prenuptial agreement before they tie the knot. However, what if you are already married, but you believe that you need to take steps to protect your assets and interests in a potential divorce? In these situations, you may wish to create a postnuptial agreement. By understanding the situations where a postnuptial agreement may be beneficial, you can make an informed decision, and you can put measures in place to protect yourself if your marriage breaks down in the future.

Situations Where a Postnuptial Agreement May Be Beneficial

A postnuptial agreement, which is also known as a post-marital agreement or postnup, is a legal document that outlines how certain financial issues will be addressed if you choose to get a divorce or a legal separation. A postnuptial agreement may address the same issues as a prenuptial agreement, and it may be signed at any time after getting married.

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 Posted on April 10, 2023 in Illinois Family Law

Ending a marriage can be a challenging and stressful process. Whether the choice to get a divorce is mutual or one-sided, a couple will need to resolve a variety of issues, including addressing legal concerns and financial matters, as well as details about the custody of any children they share. Although divorce may be a painful and heartbreaking experience, it does not have to take the form of a fight between spouses. Unlike "traditional" divorce proceedings where matters are settled in the courtroom, collaborative divorce often allows couples to minimize conflict and peacefully end their marriages. By understanding how collaborative divorce works and the benefits and drawbacks of this option, a couple can determine if it may be the best solution in their situation.

What Is a Collaborative Divorce?

Collaborative divorce is a legal process in which spouses work together to resolve their disputes and reach an agreement on the terms of their divorce settlement. It is often a more peaceful and amicable alternative to traditional litigation. Collaborative divorce involves a team approach in which each spouse is represented by their own collaborative lawyer, and other professionals, such as financial analysts or child custody specialists, who may be brought in as needed to help facilitate communication and problem-solving.

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 Posted on March 28, 2023 in Illinois Family Law

Going through a divorce is never easy, especially when children are involved. Divorcing parents often worry about their children's well-being, and they will want to ensure that children can continue to have a healthy and happy upbringing. One of the most important aspects of divorce and child custody cases involves creating a parenting plan that outlines how parents will work together to raise their children in the future. Not only is having a parenting plan required by Illinois law, but a well-crafted plan will help ensure that both parents can remain actively involved in their children’s lives.

What Role Will a Parenting Plan Play in a Divorce or Child Custody Case?

A parenting plan, also known as a parenting agreement, is a document that addresses issues related to child custody and provides details about how parents will work together to raise their children after their divorce. This document includes important details such as the parenting time schedule, the parents' rights and obligations regarding decision-making for children, and any other important matters related to the children’s upbringing. The parenting plan will serve as a court order that will go into effect once the divorce or child custody case is finalized. Both parents will be legally required to follow the terms of the plan going forward.

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 Posted on March 15, 2023 in Divorce

Going through a divorce can be difficult, regardless of your circumstances or the complexity of the issues you will need to address at the end of your marriage. If you own a business, you may be worried about what will happen to it during your divorce. You may have built the business from the ground up during your marriage, or it may have been in existence before you got married. In either case, there are several important factors to take into account if you plan to keep ownership of the business after your divorce.

Factors to Consider When Dividing Marital Property

As you look at how ownership of your business will be handled going forward, the first thing to look at is whether your business was acquired during the course of your marriage. If so, then it will typically be considered marital property—meaning that it will be subject to division between you and your spouse during your divorce. Even if you owned your business before getting married, you may need to look at whether it increased in value during your marriage and whether your spouse contributed to this increase. If so, then your spouse may have an ownership claim over a portion of the business.

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 Posted on February 23, 2023 in Illinois Family Law

If you are a parent who is involved in a family law matter in Illinois, you may need to address issues related to legal parentage. While this will not be a factor in every divorce or child custody case, there are certain situations where paternity may need to be established in order to protect a father's rights or ensure that children can receive financial support or other benefits. By understanding the laws related to paternity in Illinois, parents can make sure they take the correct steps to provide for their children's best interests.

What Is Paternity?

Paternity is the legal recognition of a child's biological father. When paternity is established, the father will be named as the legal parent of the child, giving him the right to request to share custody of the child and the obligation to provide financial support to ensure the child's ongoing needs are met. In Illinois, paternity is referred to as "parentage," and these cases may affect the relationships between a child and both parents, including mothers, fathers, and LGBTQ parents.

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