Posted on August 01, 2015 in Divorce

Child custody and support matters do not necessarily end when the judge issues their final order. You and your child’s other parent will likely be handling custody and support issues until you child reaches the age of majority. As your child grows older, your circumstances or their needs may change. In some cases, those changes are so drastic that a change to child support is necessary. Changing, or modifying, child support is not a simple matter. The law requires that certain criteria be met before a judge will change a previous support order. If you are concerned that your child’s needs are not being met through the current order, you may want to pursue modification. Likewise, you want to explore modification if your situation has changed and you are unable to pay child support.

The Support Modification Process

Once the judge’s final child support order takes effect, the order automatically becomes eligible for review every three years. This does not necessarily mean that the case will start right back up again in court after three years. Rather, this rule means that a parent can request the judge review the support order after three years have passed.

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 Posted on August 01, 2015 in Child Custody

Two of the most contentious issues in many divorces involve either finances or children. Fighting a custody battle in the midst of your divorce can bring up a whole host of complex questions. This is particularly felt among stepparents.

If you are divorcing, but are interested in remaining involved in your stepchildren’s lives, what legal options do you have? Are stepparents entitled to custody or visitation with their stepchildren after the marriage is dissolved? The answers to these questions are complicated, and depend on numerous factors. If you live in the Schaumburg area and are facing a stepparent custody issue, contact an experienced divorce attorney today. Your lawyer can explain your rights, and help you through the divorce process.

Stepparents’ Legal Rights

Illinois holds natural (adoptive) parents’ rights in high regard. Generally, the law allows parents to decide who their child will spend time with, and who can maintain a relationship with their child. Prioritizing a parent’s right to determine their child’s relationships can become problematic for a stepparent. It is not uncommon for stepparents to form close parental bonds with their stepchildren, especially if the stepparent entered the child’s life at an early age. However, if the stepparent and the natural (or adoptive parent) get divorced, the stepparent may want to continue their relationship with the child. This may be an issue if the child’s parent decides they do not want the stepparent-child relationship to continue.

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 Posted on July 01, 2015 in Divorce

Domestic violence is a problem that unfortunately plagues every community. Too often, victims of this violence do not realize that they can seek the protection of the law through an order of protection. An order of protection, sometimes called a restraining order, prohibits an abuser from hurting or contacting the victim.

How Does the Process Work?

Under Illinois law, a victim of abuse can file for a protective order to protect against their "family or household member." The following people qualify as family or household members:

• Parents, children, or stepchildren;
• Spouses or former spouses;
• People who live together or previously lived together;
• People with disabilities and their caregivers;
• People who have a child together; and
• People who have dated or were engaged, regardless of their sex.

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 Posted on July 01, 2015 in Divorce

If you are considering filing for divorce in Illinois, there is important information you need to know. A divorce is a complex legal process, and can be a lengthy process as well. When you think about filing for divorce, there are numerous considerations to make. Additionally, before filing for divorce, you will need to meet certain criteria, such as residency requirements. In some cases, people considering divorce benefit from filing for a legal separation before initiating the divorce process.
What Does Legal Separation Mean?
Basically, a legal separation means that the courts recognize you and your spouse are separated, possibly with the intent of getting divorced. A legal separation is not the same thing as a divorce. It may be helpful to consider a legal separation as a step toward divorce. A divorce completely dissolves your marriage. That is, a divorce means that you and your spouse are no longer legally married. During your legal separation, you remain married to your spouse.
What is the Separation Process?
It is easy to confusion being separated from your spouse with legal separation. A formal legal separation requires a legal process. If you decide to move forward with this legal process, you will start by filing a petition for a legal separation. In that filing, you must show you meet the following requirements for a legal separation in Illinois:

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 Posted on July 01, 2015 in Divorce

There are many common misconceptions about prenuptial agreements. Many people mistakenly think that creating a prenuptial agreement is a waste of time, or that such an agreement is an indicator that the couple will certainly get divorced. The reality is that signing a prenuptial agreement can save you time, stress, and money in case you do get divorced. There are many advantages associated with a prenuptial agreement, particularly for couples with high net worth. Read the information below to learn how you may benefit from a prenuptial agreement. Then, contact an experienced family law attorney in your area.

The Advantages of Prenuptial Agreements

A prenuptial agreement is a contract made between two people intending to get married. The agreement is written and signed before the marriage takes place. The purpose of a prenuptial agreement is to prepare in the event the couple gets divorced or encounters another significant life event, such as death. Of course, these agreements can settle issues common in divorce, so that if a divorce takes place, the couple can avoid extensive litigation.

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 Posted on July 01, 2015 in Divorce

In Illinois, any family law matter that relates to a child is measured by a legal standard known as the “best interests standard.” Essentially, this means that the child’s best interests take top priority in the case. Figuring out the best interests, under the legal standard, is not an easy task. In fact, there are many complex factors that are involved in determining what the child’s best interests are. These complexities are particularly highlighted during child custody cases. Determining what custody arrangement is in your child’s best interests will take patience, and a skilled legal advocate who understands this complicated area of law.

How Are Best Interests Determined?

During a custody case, a judge will need to determine what custody arrangement is in the child’s best interests. This determination is not merely left up to the judge’s discretion, however. Illinois law establishes several factors that a judge must consider when determining the child’s best interests. These factors include:

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 Posted on June 01, 2015 in Divorce

Family law cases can be contentious due to the emotional nature of the dispute. This is especially common in cases that involve children. In fact, child support matters are notorious for often causing a great deal of strife between the two parents. Furthermore, whenever money and children are involved, cases can also become complicated. Calculating child support is a complex process, so it is important to consult with an experienced attorney when facing a support dispute.

How Is Child Support Calculated?

There are two main factors that go into a child support calculation: the non-custodial parent’s gross annual income and how many minor children they financially support. This calculation depends on the custodial arrangement in the case. In most cases, there is a custodial parent and a non-custodial parent. The child primarily lives with the custodial parent, and may spend some time with the non-custodial parent. Generally, the non-custodial parent pays child support to the custodial parent. These payments are usually made via the Illinois State Disbursement Unit, an agency within the Illinois Department of Child Support Services.

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 Posted on June 01, 2015 in Divorce

If you are considering filing for child custody in Illinois, or are already facing a custody dispute, you likely have numerous questions. It is important to understand that there may be complex legal challenges that arise in your case. There is also important information you need to know at the outset of your case. Read the information below to learn about common issues in many custody matters. Then, contact an experienced local attorney to discuss your unique circumstances.

Are There Different Types of Custody?

There are two types of child custody: legal and physical. Legal custody is a parent’s authority to make major decisions in their child’s life. For example, a parent with legal custody may make educational, medical, and religious decisions for their child. On the other hand, physical custody refers to the child’s living situation. In other words, the parent with primary physical custody is the parent who lives with the child the majority of the time.

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 Posted on June 01, 2015 in Divorce

here is a common misconception that fathers do not have equal parental rights in custody and child support disputes. Decades ago, mothers were given preference in most custody matters. However, the current law recognizes both parents’ rights to their child, as well as both parents’ obligation to financially support their child. When a father enters into a custody dispute, he may need to legally establish his paternity. A father may need to prove to the court that he is the child’s father in order to access his parental rights. This can be a complicated process, so if you need to establish paternity, consult with a skilled lawyer immediately.

How to Establish Paternity

If both parents of the child were married to each other when the child was born, or nine months before the child was born, the husband is presumed to be the legal father. This means that he does not need to take further action to establish paternity in a child custody matter.

However, if the father cannot be presumed as the legal father, he will need toestablish his paternity in one of three ways:

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 Posted on June 01, 2015 in Divorce

Dividing Property in Divorce

Many divorcing spouses believe the common misconception that during divorce, all property is divided equally between the parties. In some states, this 50/50 style of property division is called community property division. However, Illinois state law created a different standard, termed equitable distribution, under which marital property is divided. Marital property is usually all property acquired by either or both spouses during the marriage. Using equitable distribution, both spouses are entitled to a fair, but not necessarily equal, portion of marital property based on their contributions to the marriage. These contributions can include financial support, emotional support, taking care of the couple’s children, creating a home environment, and other contributions.
The exact amount of each spouse’s portion of the marital estate (all property considered to be marital) depends on a number of factors, including:

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