Recent Blog Posts
What Are My Options if My Ex Does Not Pay Child Support?
Child support is relevant in any case involving a child whose parents are not married or in a relationship. Many times, the parent who takes care of the child a majority of the time will receive child support and use it to help cover some of the costs associated with raising a child, like clothes, food, healthcare, and schooling or extracurricular expenses. Both the courts and the Illinois Department of Children and Family Services (DCFS) can issue orders requiring a parent to make support payments, but that does not always mean that the parent will obey. Unpaid child support can be frustrating for the parent who relies on it and can spell out serious trouble for the parent who will not pay. Fortunately, there are things you can do if your ex is not paying the child support that he or she is required to pay.
How to Have a Happy and Successful Step-Family
It is not uncommon for people to get remarried after they have ended their first marriage. Remarriage is a second chance at happiness for many people. When you get remarried, you often bring many things with you from your previous life, including your children. Creating a blended family can be extremely rewarding, but it comes with its challenges. Remarriage itself can be difficult, but you can overcome its challenges by preemptively planning your future with a skilled family law lawyer. Here are a few tips on how to create a successful and happy blended family:
- Help Your Children Adjust to the Changes: There are a lot of changes that come when you create a blended family. For children, these changes can be difficult, but there are things that you can do to help them adjust to their new family. When it comes to helping your own children, you should remind them that they are still loved and valued. You should also make sure they have access to their other parent. Allow your stepchildren to set the pace of the relationship; it can often take years for everyone to feel comfortable in a blended family.
How are College Expenses Handled During a Divorce?
College is not cheap. Since the 1980s, college tuition costs have risen more than 200 percent for public universities across the country, making covering the expense of higher education more difficult than ever. Because of this, young adults are living with their parents longer than any generation prior to them. For parents getting a divorce, paying for their children’s college education can be a point of contention during the divorce negotiations. Fortunately, Illinois law has included provisions in the Marriage and Dissolution of Marriage Act (IMDMA) on how post-secondary education expenses are distributed between parents.
Covering the Costs
The IMDMA allows courts to allocate costs to either or both parents based on a variety of factors. The judge can order that property allocated to either spouse during the asset division process be used to pay for post-secondary education, either now or when the time comes. Child support payments can also be extended beyond when the child turns 18 for the purpose of paying for college. A variety of things can be included in college costs, as long as the costs are accrued before the child’s 23rd birthday, or in some cases, the child’s 25th birthday. These costs can include:
Exploring the Reasons to Get a Postnuptial Agreement
Almost everyone has heard of a prenuptial agreement. Most of what many people know comes from movies or television shows portraying a woman marrying a wealthy man and signing a prenuptial agreement to protect his riches. Prenuptial agreements and postnuptial agreements come from the same family of legal documents and can do just about the same things. Both agreements can dictate which property is and is not marital property, how that property will be divided in the event of a divorce and the terms of spousal maintenance, among other things. The thing that differs between a prenuptial and postnuptial agreement is when the agreement is signed. A prenuptial agreement is signed before the wedding and a postnuptial agreement is signed after the wedding. Here are a couple of situations in which you may want to consider getting a postnuptial agreement:
How to Keep Your Illinois Divorce Costs as Low as Possible
Nothing in this world is free and that holds true for a divorce. The estimates available for the average cost of getting a divorce differ greatly depending on the source. Some sources state you can get a “do-it-yourself” divorce for a couple of hundred dollars, while other sources state that a litigated divorce can cost upwards of $100,000. Certain things can affect the cost of a divorce, such as the type of divorce you get, where you live, the retainer cost for your attorney and your attorney’s hourly rate. The cost of getting a divorce can seem daunting, but there are some things you can do to help keep those costs down.
- Choose the Right Type of Divorce for Your Situation: When it comes to divorce, you have a few options. You can choose between a traditional litigated divorce, a mediated divorce or a collaborative divorce. Typically, the most expensive type of divorce is a litigated one and can cost you big time when it comes to court costs, filing fees, and attorney rates. If you and your spouse are willing to work together with one person who is knowledgeable of family law, a mediated divorce might work, which reduces the cost of two attorneys to one. If you and your spouse are somewhat contentious but you do not want to litigate the divorce, a collaborative divorce might work for you.
Can a Parent’s Mental Health Impact Parenting Time in Illinois?
According to the National Alliance on Mental Illness (NAMI), one out of every five American adults will experience a mental illness at some point in their lives and nearly 10 million adults live with a chronic and serious mental illness. Mental illnesses can vary greatly when it comes to the severity and how they affect your life. Having a mental illness can mean you have schizophrenia, bipolar disorder, an eating disorder or even post-traumatic stress disorder. By far, the most common mental illnesses are depression, which affects around seven percent of adults, and anxiety disorders, which affect around 18.1 percent of adults.
When it comes to divorce, mental illness can definitely play a part in how the divorce is hashed out. Depending on the type and severity of the mental illness, it can even affect things such as parenting time and parental responsibilities in a divorce.
Three Questions You Should Ask Yourself if You Plan to Adopt as a Single Parent
The “nuclear family” was traditionally seen as the ideal American family – a mother, a father, one or two children and perhaps a dog. Now, there are many types of families that exist in the U.S., each of which is just as loving as the traditional family unit. Households containing just a single parent have increased dramatically since 1960 – when only around nine percent of children were being raised by a single parent. Now, around 27 percent of American children are being raised by a single parent. For some, adoption is the way they have chosen to grow their family, even when it comes to people who are not married. Being a single parent is difficult, even when the child is your biological child. If you are a single parent who is considering adoption, here are a few questions you should ask yourself:
Can I Modify My Illinois Child Support Order?
No two divorces are ever the same because no two families are ever the same. However, one constant that will always be present in divorce cases involving children is child support. In the state of Illinois, child support is an obligation that both parents have to a child. The state believes that parents have the financial responsibility of providing for their child, even if they are not a part of their child’s life in any other way. Child support is paid to the child’s main caregiver, typically the parent with the majority of parenting time, until the child graduates from high school or turns 18, whichever comes later. The amount of child support that is paid depends on a variety of factors, including the number of children who are receiving child support, the income of both parents and how much time the children are spending with each parent.
Do Not Forget About the Right of First Refusal During Parenting Time Negotiations
Co-parenting is not easy. Balancing the responsibilities of taking care of children between you and your co-parent is challenging even for couples who are together. When you become a single parent, balancing these responsibilities become more difficult to manage. Many divorcing parents often worry about the fact that they will most likely have to split their parenting time with their soon-to-be-ex-spouse. It is hard for many parents to cope with the fact that they may not see their children every day anymore or be there for every one of their child’s milestones or achievements. One small solace that can be awarded to divorcing parents is what is known as the right of first refusal.
Dealing With Marital Debt During an Illinois Divorce
The majority of your negotiations during your divorce will involve you and your spouse fighting over what each of you wants out of the divorce. One of the only things you and your spouse will not be fighting to keep are the debts that the two of you incurred during your marriage. In an ideal world, you and your spouse would each walk away from the marriage with only the debts that you each created, but that is not how divorce works. Illinois divides marital assets and debts on an equitable basis, which typically means you will only be responsible for the debts that you have the means to repay. If you and your spouse have a difference in income, the spouse with the higher income will typically be responsible for more of the marital debt.




