1953 Ridge Road, Homewood, IL 60432

Call Us312-702-1293

The Foray Firm
Recent blog posts

Joliet divorce attorneysThe divorce process is often a time of intense conflict, and unfortunately, it can sometimes bring out a person’s worst behavior. Spouses may attempt to hurt each other out of anger, resentment, frustration, selfishness, or more destructive impulses, and one way of doing so is by dissipating marital property before it can be divided in the divorce. It is important to know that if your spouse is dissipating assets, an attorney can help you hold him or her accountable and achieve a fair outcome.

What Does It Mean to Dissipate Assets?

Broadly speaking, the dissipation of assets occurs when a couple’s marriage has entered a period of irretrievable breakdown, and one of the spouses uses marital assets in a way that has no benefit for the other spouse. In practice, this can take many different forms. For example, a spouse could attempt to transfer marital assets to a private account or to a friend or family member to save for after the divorce. Alternatively, a spouse could spend marital assets for a purpose in their own self-interest; for instance, to buy things for a person with whom they are having an affair. In some cases, a spouse will even destroy or waste marital assets to the benefit of no one.

Asset dissipation may be an intentional strategy to try to damage the other spouse’s financial security or take away a property that the other spouse holds dear. It can also be an act of recklessness or self-destructive behavior. Regardless of the reason for dissipating assets, it is illegal, and it can have a major impact on the outcome of the divorce.

...

Will County family law attorneysUnder any circumstances, divorced parents may find it challenging to share parenting time in a way that meets the children’s needs, fosters a strong relationship between the children and both parents, and minimizes co-parenting conflicts. Over the course of the past year, the unique circumstances of the COVID-19 pandemic have only further complicated these issues. Whether you are already divorced or you are going through a divorce now, an experienced attorney can help you handle parenting time to account for the current situation.

How Has COVID-19 Affected Parenting Time in Illinois?

The pandemic has brought about many changes to our way of life in Illinois and throughout the United States. Some of the changes that can directly affect divorced or divorcing parents include:

  • Family health concerns - Many parents are concerned about the spread of the virus when children transition between households, especially if each parent has a different perspective on upholding health precautions. Parents who are at risk of severe complications from the virus, or who live with grandparents and other older relatives, may be especially worried.
  • Changing work schedules - The increased prevalence of working from home means that many parents are sharing close quarters with their children during the day and trying to balance the responsibilities of work and parenting. Alternatively, health care employees and other essential workers may find themselves working greater or irregular hours, which can detract from their scheduled parenting time.
  • Remote learning - Whether a child’s school is closed for in-person learning or parents have chosen to keep their children at home, parents now often find themselves responsible for ensuring that their children are staying on task and keeping up with their education, and for ensuring that their children have the space and materials to learn effectively.
  • Travel limitations - Parents who rely on public transportation to exchange their children between households may be exposed to greater risk of contracting the virus. Additionally, parents who live across state lines may find themselves subject to restrictions on interstate travel, making it difficult to regularly exchange their children.

Adapting to Changing Realities

With all of these new challenges in mind, it is important for parents to take extra care when creating a parenting plan, or when carrying out the terms of an existing plan. Parenting plans may need to be adapted based on a parent’s work schedule, or to allow for the children to have a dedicated space for at-home learning. Parents may also need to be flexible and consider options including virtual parenting time via phone or video chat, or rearranging schedules to make up for missed parenting time due to an unexpected circumstance.

...

Joliet family law attorneyChild support is an important source of financial assistance for a single parent. If you are an unmarried or divorced parent, you may have questions and concerns about getting your child support. You may wonder if your child’s other parent is still required to pay support even if he or she is unemployed. The answer to this question depends on the reason for the unemployment and other factors.

Is the Unemployment Voluntary or Involuntary?

Millions of parents have lost their jobs or had to find lower-paying work due to COVID-19 shutdowns. They may be doing everything they can to afford their child support obligation but end up falling short of the expected amount. On the other hand, some parents attempt to evade child support responsibilities by claiming that they cannot find adequate employment. The first question that must be answered regarding child support obligations for unemployed or underemployed parents is whether unemployment or underemployment is voluntary. Has the parent quit his or her job or been laid off? Has the parent made genuine efforts to gain suitable employment? If the parent’s unemployment is voluntary, is this unemployment in the child’s best interests?

Income Shares Method for Child Support Calculations

Illinois uses a child support calculation method called “income shares.” Each parent’s net income is used to determine a child support obligation that is reasonable and affordable while still providing the financial support the child needs. According to the formula, the lower a parent’s income, the less he or she pays in child support. However, If a parent is voluntarily unemployed or underemployed and this is not in the child’s best interests, the court may use the parent’s potential income to determine child support. This is the income that the parent could be earning if he or she were fully employed. If a parent is involuntarily unemployed or underemployed and makes a legitimate effort to find and maintain adequate employment, the parent’s actual income will be used to determine the child support obligation.

...

Joliet family law attorneysWhen a child is being raised by a single parent, grandparents often play an important role in the child’s life by assisting with child care and financial support, and simply by being a loving and positive presence. Usually, even when grandparents are heavily involved, the parents still maintain parental rights and the authority to initiate legal proceedings regarding the child. However, there are some cases in which Illinois grandparents may seek legal rights regarding their grandchildren.

Can Grandparents Petition for Child Custody in Illinois?

Illinois now refers to child custody matters using the term “allocation of parental responsibilities,” and in most cases, a child’s parents are the ones with the authority to petition for legal action in this area, whether they are doing so as part of the divorce process or they have never been married. However, a grandparent may be able to do so if the child is not in the physical custody of either parent, or if the parent who is related to the grandparent is deceased, and one of the following is true of the other parent:

  • He or she has been absent from the home in an unknown location for at least a month
  • He or she is in federal or state custody
  • He or she has a criminal record that includes domestic violence toward the child or the child’s other parent

Are Grandparents Entitled to Visitation?

While it may be hard for grandparents to be prevented from seeing their grandchildren, in most cases, a child’s parents have the authority to decide how much time their children spend with their grandparents. However, grandparents can sometimes seek visitation rights if they can demonstrate that the child is harmed by a parent prohibiting visitation and any of the following is true:

...

Joliet divorce attorneysAs part of the transition from being married to being single that occurs in a divorce, Illinois couples are required to equitably divide all marital assets and debts. This is an issue that can lead to much conflict, and the outcome can have serious financial implications for both spouses. As such, it is important to be prepared by understanding the assets you will be expected to divide and how you can do so in a way that protects your interests.

Examples of Marital Assets

Illinois law defines marital assets as any properties that are acquired by either spouse during the marriage and before any judgment of legal separation, with a few exceptions including assets acquired by one partner through a gift or inheritance, and assets that are designated as non-marital in a prenuptial or postnuptial agreement. Some examples of marital property may be obvious, but others you may not expect. Marital assets can include all of the following:

  • Bank accounts with contributions made during the marriage, whether they are joint accounts or listed under one spouse’s name
  • Real estate property including the marital home, if it was acquired during the marriage
  • Physical property acquired by either spouse, including vehicles, furniture, appliances, jewelry, and other valuables
  • Retirement accounts, including both individual and employer-sponsored accounts, if contributions were made during the marriage
  • Business assets and investments acquired during the marriage, whether they are owned by one spouse or co-owned by both.

Methods of Dividing Marital Property

It is important to note that Illinois requires an “equitable” distribution rather than an “equal” distribution, meaning that neither individual assets nor the entire value of the marital estate must be divided exactly in half between both spouses. This leaves you with options for determining the best way to divide your marital property. For example, you may negotiate with your spouse to come to an agreement that allows each of you to remain financially stable and keep properties that are important to you. You may also negotiate for spousal maintenance to offset imbalances resulting from the division of property. If negotiation is not possible, you can also take your case before the court with the assistance of an attorney.

...
BBA Of Will County Illinois State Bar Association Cook County Bar Association The National Bar Association BWLA
Back to Top