Parents of children with special health or developmental needs are well aware of the challenges that come with raising and providing for them. Unfortunately, these challenges can often become more pronounced when parents are going through a divorce. In addition to the mental energy that the divorce process requires, parents may also be concerned about how best to handle decisions regarding child support and parental responsibilities in a way that prioritizes their children’s interests and needs.

Child Support for Special Needs Children in Illinois

One of the most significant challenges for parents of children with special needs is the financial cost. Estimates from the U.S. government indicate that from birth to age 18, the cost of raising a child with special needs may be at least five times as high as the cost of raising an average child. While many sources of financial assistance may be available, a good portion of the expenses is likely to fall on the child’s parents.

When the parents of a child with special needs decide to get divorced, child support is a crucial element of the resolution. Illinois law typically bases child support obligations on the average amount that parents within a certain income bracket tend to spend on a child’s basic needs, but the law allows for a significant deviation from the usual calculation to account for a child’s extraordinary developmental, medical, or physical needs. You should be sure to consider costs including ongoing medical care and treatment, special education, in-home accommodations, transportation to appointments, and the services of child therapists and developmental specialists.

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If you have recently been through a divorce, you may be excited about the possibility of finding someone new to spend the rest of your life with. However, the thought of your former spouse doing the same may not be nearly as appealing. An ex’s remarriage can be difficult to deal with on a personal level, and it can also sometimes have legal implications when it comes to the terms of your divorce resolution. You should think carefully about how you handle this situation to avoid creating a hostile environment for everyone involved.

Emotionally Coping With Your Ex’s Remarriage

Whether it happens soon after divorce or several years later, news of your former spouse’s remarriage can reopen old wounds caused by the failure of your relationship, especially if you have not yet found a new partner yourself. It can be easy to let your emotions get the better of you and react irrationally, perhaps by lashing out at your ex, complaining about them to your friends and family and on social media, or even trying to sabotage their new relationship. If you are not careful, your behavior could cross into the realm of stalking or harassment, and you could be subject to criminal charges or an order of protection. Rather than giving in to your destructive urges, try talking to a therapist or trusted friend and focusing on your own work, hobbies, or relationships.

Effects on Spousal Maintenance

If your former spouse has been ordered to pay you maintenance after the divorce, you may find that they start to shirk their obligations after their remarriage. Getting remarried is not a valid reason to stop making payments, and if you cannot resolve your spouse’s nonpayment on your own, you have the right to petition the court for enforcement of the spousal support order. On the other hand, if you have been paying spousal support and you find out that your former spouse has remarried, you do have the right to stop making payments, and you should work with the court to terminate the maintenance order.

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Student loan debt is a serious burden for millions of Americans, with recent statistics showing an average debt of more than $30,000 among borrowers. Often, borrowers take 20 years or longer to fully pay off their loans. With this in mind, there is a good chance that if you are going through a divorce, you, your spouse, or both of you will have outstanding student loan debt. You should be sure to understand how this debt will affect the division of marital property, as well as your financial situation after the divorce.

Marital and Non-Marital Debt

One of the most important steps when getting a divorce is to take inventory of all of your assets and debts, as well as all those belonging to your spouse. Each spouse’s non-marital assets and debts will stay with them after the divorce, while marital assets and debts will be distributed fairly between the spouses. The question, then, is whether student loans qualify as non-marital or marital debt.

It is common now for people to wait until after graduating college to get married, meaning that many spouses have taken out student loans before their marriage begins. Student loans incurred before the marriage are an example of non-marital debt. However, if you or your spouse took out student loans during your marriage to further your education, they will most likely be considered marital debt. The fact that the loans financed only one spouse’s education, or that only one spouse signed on the loans, will not change their marital status. If you get divorced later in life after taking out loans in your name to finance your children’s education, these loans will also likely be considered marital debt.

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One of a parent’s most important responsibilities and legal obligations is to provide financially for their child’s basic needs. Many Illinois parents who are no longer married, or who were never married to their child’s other parent, rely on court-ordered child support to ensure the other parent’s fair contributions. However, married couples are typically left to manage child-related expenses on their own. This can make things difficult for a parent who is still legally married but in the midst of the divorce process, especially if their spouse is withholding income and assets.

If you are trying to get a divorce from a spouse who has abandoned you and your children, or who has cut you off financially, you may be able to petition for temporary child support before your marriage has been legally dissolved. An experienced divorce lawyer can help you understand your options.

Petitioning for Temporary Child Support

Providing for your children’s needs during the divorce process can be challenging, especially with the legal costs you are likely to incur. If you are struggling to provide and your spouse is not contributing, you can request a temporary child support order by filing a petition with the court that has jurisdiction over your divorce. Your petition will need to include a financial affidavit using a standard, statewide form, through which you will have the opportunity to explain your circumstances. You should also include any relevant evidence that supports your affidavit, including your bank statements, pay stubs, and recent tax returns.

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If you and your partner are ready to commit to a life together in marriage, it is crucial that you can trust each other to make responsible financial decisions and respect each other’s property and financial goals. Similarly, if you are already married and your financial situation has recently changed, it is important to determine how you and your spouse will adapt to this new reality. A prenuptial or postnuptial agreement can often help to address these issues. When considering whether an agreement of this nature is the right choice, you should be aware of some of the property concerns that it can help you manage.

What Can an Illinois Prenuptial Agreement Do?

Provided that you and your spouse can agree to the terms, a prenup or postnup can help you do all of the following:

• Define non-marital property - One of the most common reasons for creating a prenup is to protect the property that each spouse brings to the marriage. For example, a prenup can clearly define the amount of each spouse’s premarital retirement contributions, or ensure that a business or home remains the separate property of one spouse. A postnup can accomplish a similar purpose during the marriage, perhaps if a spouse wants to protect a newly acquired inheritance.

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