Posted on August 15, 2022 in Guardianship

Grandmothers and grandfathers often have a special relationship with their grandchild. Usually grandparents are secondary caregivers in a child’s life but the child’s parents take on the majority of the parental duties. However, in certain situations, grandparents must step in and take on the role of a parent. Sometimes grandparent guardianship is needed because the child’s parents have passed away or are incarcerated. In other cases, substance abuse or mental illness prevent parents from giving a child the care and attention he or she needs. If you are a grandparent and you are interested in becoming your child’s legal guardian, read on to learn more.

Guardianship Laws in Illinois

Illinois law states that an adult may become a child’s legal guardian if the adult:

• Is of sound mind

• Does not have a disability

• Has not been convicted of a felony

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 Posted on August 10, 2022 in Child Support

Whether you are the parent who pays child support or you receive child support payments, you may be interested in modifying your child support order at some point. Illinois law only allows adjustment of the child support order under certain circumstances. If you need help asking the court for a child support modification, do not hesitate to reach out to a family law attorney experienced in child support matters.

Illinois Child Support Modification

If your child support order was established through an administrative process, rather than the courts, you can request a modification through the Illinois Department of Healthcare and Family Services (HFS). By default, Illinois parents with administrative child support orders are eligible for a modification review every three years. If it has been less than three years since the child support order was established or last modified, the parent requesting a modification review will need to justify the request. One of the most common reasons for a modification review request is a change in the financial circumstances of either party. For example, if a parent is laid off from work, he or she may not be able to afford the same level of support as he or she could afford when he or she was working.

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 Posted on August 02, 2022 in Divorce

Most divorcing spouses dread the thought of a high-conflict, public divorce trial. However, it can be extremely hard for divorcing couples to reach an agreement regarding asset division, debt division, child custody, spousal support, and other matters. Collaborative divorce is a divorce resolution method that allows couples to avoid a stressful and costly divorce trial while still benefiting from legal representation and support from their respective attorneys.

The foundation of a successful collaborative divorce is the participation agreement or collaborative agreement. Read on to learn about how participation agreements are used in Illinois collaborative divorce cases.

Using Collaborative Law to Resolve Divorce Disputes

When divorcing spouses disagree about one or more of the divorce terms, they have a few different options. In Illinois, spouses have the option to use collaborative law to resolve the divorce. During a collaborative divorce, the spouses each have their own attorney who represents their best interests and advocates on their behalf. However, the spouses and their attorneys work together to find creative solutions to the disputed divorce issues.

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 Posted on July 26, 2022 in Divorce

Mediation can be a very useful tool during divorce. During mediation, the spouses are given an opportunity to discuss divorce issues like property division, child custody, and spousal maintenance and, ideally, reach an agreement on these issues. A mediator facilitates the discussions and helps the couple negotiate an agreement.

While many divorcing couples find mediation beneficial, there are many situations in which mediation is insufficient. In some cases, depending on mediation alone may even be harmful.

Mediation May Be Insufficient in The Following Situations

During divorce mediation, the spouses explore various divorce solutions, negotiate the terms of their divorce, and work toward a resolution. However, for mediation to work, the spouses must be willing to negotiate in good faith and work cooperatively toward an agreement. If one or both spouses are unable to do this, mediation may not be a good idea.

Mediation may be the wrong choice if:

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 Posted on July 22, 2022 in Child Custody

Co-parenting is never easy, but co-parenting during and after a high-conflict divorce is especially hard. Some divorcing spouses intentionally draw out the divorce process, refuse to cooperate, and say hurtful things to provoke the other spouse. They fight the other spouse every step of the way.

High-conflict divorce cases involving children can be extremely challenging. If you are getting divorced and you share children with your soon-to-be-ex, you will need to take proactive steps to reduce drama as much as possible.

Consider a Temporary Child Custody Order

If a divorce case is highly contentious, it will probably take longer to resolve than a typical divorce case. You may want to ask the court for a temporary child custody order during the divorce so that both parents’ expectations and obligations are formalized. The temporary relief order can allocate parental responsibilities, or the right to make decisions about the child, as well as parenting time, or the time each parent spends with the child. However, the court will only enter a temporary order if it is in the child’s best interest.

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 Posted on July 19, 2022 in Finances & Divorce

Finances play a massive role in any divorce case. Divorcing spouses are required to submit a financial affidavit that states their assets and income as part of the divorce process. This information is used during property division negotiations, or if the couple cannot agree on the terms of property division, by the court during a divorce trial. Financial information is also essential to spousal support and child support determinations.

Divorcing spouses may hide property or money or lie about finances during divorce to try and gain an advantage. If you are getting divorced, make sure to be vigilant for this type of financial deception.

Red Flags of Financial Deception During a Divorce

A fair divorce resolution is only possible if spouses are truthful about assets, income, debts, and other financial information. If you are getting divorced, look for signs of financial trickery like:

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 Posted on July 14, 2022 in Divorce

Facebook, Instagram, and other social media websites can be beneficial in many ways. However, more and more people are starting to recognize that social media can also have major disadvantages. Research shows that social media frequently contributes to marital breakdown. Facebook and other social media websites and applications can also heavily influence divorce cases. In one survey, over 80 percent of divorce lawyers said they had presented social media evidence in court. Two-thirds of the attorneys surveyed said that Facebook is one of their primary sources of evidence in divorces.

Do’s and Do Not’s of Using Facebook During Your Divorce

Social media can influence your life in many different ways. During a divorce, it is important to make sure that social media does not negatively impact your case or your psychological well-being. As you navigate the divorce process, keep the following tips in mind:

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 Posted on July 11, 2022 in Child Support

Many people have been through the pain of unemployment and underemployment. Job loss is difficult for anyone, but parents often have an especially hard time dealing with unemployment and underemployment. If you or the other parent are unemployed, read on to learn how this can have an effect on child support obligations.

Child Support Obligations When a Parent Makes Little to No Income

Child support is based on the parents’ incomes. When a parent gets fired or laid off or takes a low-paying job, this can significantly influence child support calculations. Illinois handles unintentional unemployment and underemployment differently than voluntary unemployment and underemployment.

If a parent loses his or her job due to no fault of their own, they may petition the court for a child support modification. If the parent is the paying party or obligor, the court may reduce his or her child support obligation. If the parent is the recipient of child support, the other parent may be required to pay more in support.

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 Posted on July 06, 2022 in Collaborative Law

When you share children with your spouse, getting divorced is much more complicated legally, financially, emotionally, and logistically. If you are a parent getting divorced, you may understandably be worried about how the split will affect your kids. You may also have questions about property and debt, child support, and a host of other concerns.

Collaborative law offers divorcing couples an opportunity to resolve divorce issues without resorting to litigation through the courts. For parents, collaborative divorce is a great way to negotiate divorce terms while preserving a decent relationship with the other spouse for co-parenting purposes.

Cooperative Discussions of Divorce Terms

To get divorced, you and your spouse will need to agree on the terms of the divorce. Who will remain in the marital home? Who will keep which vehicle? What about retirement funds? How will you divide parenting time with the children? These are not simple questions to answer. Fortunately, collaborative divorce gives spouses the opportunity to discuss these issues in a non-adversarial way.

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 Posted on June 30, 2022 in Spousal Support

For some people, meeting a new partner with whom they feel more compatible is a compelling reason to end an unhappy or unfulfilling relationship and try for something better. For couples who got married very young or who have been in a miserable marriage for many years, the light at the end of the tunnel of divorce can make it easy to ignore the fact that having a new partner before your divorce is finalized can have some unintended consequences.

One of the areas that a new partner can impact is that of spousal support, also known as alimony. If you are thinking about initiating an Illinois divorce and are wondering whether you should ask for spousal support or how spousal support payments are determined, read on and then contact a skilled Kane County attorney who can help.

When is Spousal Support Awarded?

Spousal support is not available to every divorcee and, even when it is available, certain circumstances can end it right away. Spouses are encouraged to work together to agree to a mutually acceptable divorce decree, including spousal support payments. When you already have a new partner or your marriage is high-conflict for other reasons, your spouse may be unwilling to negotiate a spousal support agreement that feels fair.

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