Posted on May 01, 2016 in Divorce

Almost all couples go into marriage with the best of expectations, intentions that their union will last and the two will live long, happy lives together. However, sometimes things do not go as planned and the stress and obligations of modern life and marriage may take their toll on even the most loving couple.

Because of these pitfalls, some couples may consider crafting a premarital agreement or prenuptial agreement to plan for just such an event. Illinois is one of many states that allow couples to enter into private contracts to divide assets should the marriage be dissolved.

Illinois Uniform Premarital Agreement Act

The Uniform Premarital Agreement Act (UPAA) allows married couples in Illinois to craft how various marital assets and debts will be settled should the marriage be dissolved. The agreement must be in writing and signed by both parties to be valid.

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 Posted on May 01, 2016 in Divorce

Child custody disputes can be contentious between parties and may be exacerbated when one parent wishes to relocate with the children. In these situations, parents on either side may be left wondering what their legal rights are and how they should proceed with or prevent the relocation of their children.

Illinois recently made some revisions to its laws concerning child relocation in and out of the state. While these changes were meant to provide clarity, there may still be legal gray areas and points of contention that should be discussed with an experienced Chicago child custody attorney.

New 2016 Illinois child relocation laws

The new 2016 Illinois child relocation laws refer to this issue, previously known as “removal,” as “parental relocation” as Illinois has shifted towards policy and language that emphasizes cooperation between parents. The new laws give parents more freedom to move with children across state lines (with limitations) while creating some boundaries as to how far away parents may move within the state.

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 Posted on May 01, 2016 in Divorce

Along with child custody and division of marital property, the payment of maintenance, formerly known as alimony, is often one of the most pressing issues individuals going through a divorce may worry about. Whether you believe you may end up paying maintenance or may receive it, you should understand the laws that govern how courts calculate these important payments.

As every marriage and every divorce is different, so too are the amounts of maintenance that may be awarded.

What factors go into deciding maintenance (alimony) amounts in Illinois?

Courts may take into account several factors when deciding how much maintenance to award and for how long. These factors may include:

• Length of the marriage;
• Income and property of each of the parties;

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 Posted on May 01, 2016 in Divorce

Many fathers believe child custody laws are stacked squarely against their right to be a part of their child’s life and that mothers almost always prevail in custody disputes. While there may still be some work to be done, Illinois recently passed legislation to help ensure that, when possible, both parents share responsibilities for raising children.

However, fathers should understand their custody rights are not guaranteed from the birth of the child and may have an uphill battle in some situations to secure their paternal rights.

Voluntary Acknowledgment of Paternity

Typically, when a child is born to unwed parents, paternity is first established by filling out a Voluntary Acknowledgement of Paternity form which, among other things, allows the child to be given the father’s last name. However, the most important thing unwed fathers need to understand is that this document does not establish any custody or visitation rights, and that it ensures the father is liable for child support payments.

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 Posted on April 01, 2016 in Divorce

On January 1, 2016, Senate Bill 57 came into effect, changing the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The Act covers many aspects of family law, including divorce, child support, and child custody.

Changes to the IMDMA include grounds for divorce for which parties may file as well as changes to the requisite waiting periods petitioners must adhere to in order for courts to grant a divorce. Individuals considering divorce should understand the changes to the law and how it may affect their options moving forward.

No more fault-based divorce in Illinois

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 Posted on April 01, 2016 in Divorce

When going through a divorce, a major point of contention may be the division of marital property amongst the two parties. A recent change to the Illinois Marriage and Dissolution of Marriage Act may have significant changes to how property is divided and should be taken into consideration when contemplating divorce.

Senate Bill 57, which took effect in January 2016, has three major areas of change to division of marital property. This includes an expansion in the presumption of marital property, rules dealing with commingled property, and the date at which property is valued.

Presumption of marital property

Changes to Illinois divorce laws deal with when property acquired by either party may or may not be considered marital property. Senate Bill 57 now holds that property or debts acquired between time of marriage and before petitioning for dissolution of a marriage is considered marital property.

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 Posted on April 01, 2016 in Divorce

In 2016, Illinois passed legislation altering the laws concerning child custody. The new law seeks to make both parents more involved in the upbringing of their children and prevent feelings of exclusion for the betterment of the child. The changes bring Illinois more in line with other states across the country in terms of language and policy in family law.

Changes to the Illinois Marriage and Dissolution of Marriage Act went into effect January 2016, removing the terms “custody” and “visitation” from the law. Furthermore, the new changes also affect whether custodial parents may move with their children throughout the state.

Allocation of parental responsibilities

Senate Bill 57, which made the changes to the Illinois Marriage and Dissolution of Marriage Act, now allows families and courts to divide and share responsibility for making decisions about the child’s upbringing. Under the old custody laws, parents with “sole custody” or those sharing in “joint custody” would be responsible for deciding:

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 Posted on April 01, 2016 in Divorce

In January 2016, Senate Bill 57 brought changes to several aspects of family law in Illinois that divorced and separated couples should understand moving forward. Among the changes were alterations to grounds for divorce, child custody, and division of property.

What did not change was how payments for child support are calculated. In 2013, Illinois revised its statutes on child support calculations at the behest of the federal government.

Illinois income based child support calculations

The Illinois the Child Support Advisory Committee recommended the state adopt “percentage of obligor’s net income” be paid to parents with whom the child or children reside. Net income is the obligor’s total income, minus deductions like:

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 Posted on March 01, 2016 in Divorce

If you are an unmarried or soon-to-be-divorced parent of a child in Illinois, some of the questions that are at the top of your mind are surely who will be responsible for paying for child support, and how much will be owed each month. The child support attorneys at Fay, Farrow & Associates, P.C. can help guide you through everything you need to know about child support payments in Illinois. In the interim, here are answers to a few FAQs about child support:

Which Parent Will Be Responsible for Making Child Support Payments?

Which parent will be responsible for making child support payments is one of the most commonly asked questions. Typically the parent who has a greater amount of parenting time with the children receives child support payments. In some circumstances, the payment of child support from one parent to the other may be reserved.

How Much Will I Have to Pay?

The parent with less parenting time is responsible for paying a minimum percentage of their net income to the other parent for child support. The percent that you will have to pay will increase for the number of children for which you are paying, i.e., you may have to pay 20 percent of your income for one child, but 28 percent of your income for two children. In situations where both parents have equal parenting time, both parents might pay the other the guideline percentage of child support, which may or may not cancel out any obligation to pay support directly to each other.

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 Posted on March 01, 2016 in Divorce

Social media seems innocuous enough – what is risky about keeping in touch with friends and family? A lot, apparently: studies show that there is a link between social media usage and decreased marital quality. And if marriage ends up in divorce, the things that you say to others on the web may be used against you, too.

The Connection Between Social Media and Divorce

The more that one spouse in the relationship uses social media, the more jealous or suspicious the other spouse may become, creating tension in the marriage. In fact, one study reports that as many as one in every seven people has stated that they have thought about divorce as a result of their partners’ online activity. The study, conducted by a UK law firm, also found that 17 percent of couples participating in the study argued about social media usage every day. If you want to reduce your chance of divorce, staying off of Facebook may be part of the answer.

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