Posted on June 20, 2022 in Prenuptial Agreements

To protect individual property, safeguard business assets, and various other reasons, many couples today are choosing to sign prenuptial or postnuptial agreements. While no one goes into a marriage expecting to get divorced, it can be beneficial to both parties to prepare for the possibility, since almost half of all marriages do end in divorce. By preparing a valid agreement, both parties can protect their financial interests and remove any uncertainty should a divorce come about. However, there are certain issues that can invalidate an agreement that both spouses should understand.

Issues That Can Invalidate an Agreement

Whether the agreement is signed before the couple gets married or once they are already married, a prenuptial or postnuptial agreement still has the same function and can be used during the divorce to settle issues including the division of marital assets and spousal maintenance payments.

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 Posted on June 13, 2022 in Divorce

In the age of omnipresent social media, it is natural that some couples will take to posting on Twitter, Facebook, and other sites while they are going through a divorce. Some studies have even shown that apps such as Facebook play a role in an increasing number of divorces. But what, if anything, is appropriate to post and what recourse do you have when your spouse starts sharing negative information?

Actions to Take on Social Media During a Divorce

The best advice is for both parties to stay off social media during a divorce. Taking a step back can be healthy for your mental state and allow you to focus on your family and future. If you do choose to post, refrain from saying anything negative about your spouse or their family and friends. Don’t post updates about how your divorce is proceeding, rather keep your posts positive.

It may be a good time to search the web for any pictures or posts of yourself that you don’t want to be shown anymore. It is also a good idea to pull back from sharing too much information by increasing your privacy settings and changing or hiding your relationship status. Once the divorce is over and any hostility may have calmed down, you can always relax the settings again and update your status.

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 Posted on June 06, 2022 in Child Support

Every parent wants to see their child grow up to be a successful adult. Post-secondary education, whether at a university, community college, or technical training, can be incredibly important for a young adult’s career and earning potential throughout their lifetime. After a divorce, you may be unclear about who is responsible for providing financial assistance for your child’s college expenses, especially since they are no longer a minor. Under Illinois law, unlike most other states, a spouse can seek financial support from their ex after a divorce, even after the child turns 18.

Educational Assistance After a Divorce

While in many divorce cases, child support payments end after the child turns 18. However, Illinois law allows a divorced parent to seek educational expenses for their child from the other parent. Many divorcing parents may come to an agreement on each’s share of postsecondary education costs, either as part of the divorce settlement or in post-divorce agreements. However, if there is disagreement on the amount of support or even whether support should be provided, the case may end up in court. A judge will decide on each parent’s share of educational expenses based on their financial situation, as well as the financial resources that the child has or could obtain through financial aid or scholarships.

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 Posted on May 30, 2022 in Paternity

In most cases in which a child is born to unwed parents in Illinois, only the mother is a legal parent of the child and only her name will automatically appear on the child’s birth certificate. Actions must be taken by one or both parents to establish legal paternity for the child’s father. Even if you are no longer married or unsure of the future of your relationship, there are benefits both to the father and to the child to establishing a legal parent-child relationship.

Benefits to the Father and the Child for Establishing Paternity in Illinois

The benefits of a positive relationship between a father and a child are well established. However, there are certain legal benefits that each is entitled to with legally recognized paternity.

Benefits to the child include:

• Eligible for the father’s life and health insurance benefits
• Access to the father’s Social Security and veterans’ benefits, when applicable

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 Posted on May 24, 2022 in Child Support

After a divorce, many parents take a while to get used to their new financial situations. If you have taken on more of the parental responsibility and parenting time, you may be receiving child support payments. The payments may have been ordered by the court or you and your ex-spouse may have come to an amicable resolution and worked together to negotiate an agreement that met the needs of the children and the legal requirements.

Regardless of how it was determined, the payment amount reflects the situation of both parents at the time the divorce agreement was finalized. But, situations can change as people move, get new jobs, or develop new medical conditions. Illinois law allows for modifications to child support and spousal maintenance payments based on a variety of factors.

Changes in Child Support Payments

Child support payments are largely based on the incomes of both parents and the number of children being supported. If one parent has more parental responsibility and parenting time, those differences will also be considered when determining child support payments. Other needs that your child may have that can be taken into account when negotiating child support include daycare and education tuition, medical needs, and extracurricular activities.

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 Posted on May 18, 2022 in Child Support

The Bureau of Labor Statistics reports that approximately 5.9 million people were unemployed in April of this year. If you or your child’s other parent is unemployed or underemployed, you may wonder how this can influence child support calculations. Presently, child support in Illinois is calculated via the income shares model. This calculation method uses both parents’ net incomes to determine how much a parent pays in child support. What happens if a parent’s income is very low?  

Voluntary Unemployment Versus Involuntary Unemployment  

Some people find themselves laid off due to budget cuts, the COVID-19 pandemic, or other reasons. They want to work but cannot find or keep a job. Others choose not to work or make little effort to find suitable employment. Illinois courts handle voluntary unemployment and underemployment differently than involuntary employment difficulties. A parent who is unwillingly unemployed or underemployed may be able to reduce their child support obligation through a child support modification. However, the court will have little sympathy for a parent who chooses not to work.

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 Posted on May 10, 2022 in Child Custody / Allocation of Parental Responsibilities

A divorce is hard under the best of circumstances, especially when children are involved. Many times, disputes over parental rights and responsibilities can resemble all-out, head-to-head battles, with each parent fighting tooth and nail for their own individual interests: Maximum child custody, maximum parenting time (visitation), all at the expense of the other parent. In addition, there is frequently a large dose of resentment and ill will added in. What is all too often undervalued in this scenario is the one factor that the courts will ultimately use most to decide the final parenting plan: What is best for the children?

The Evolution of Illinois Divorce Law

Fortunately, here in Illinois, recent years have seen a great deal of evolution in divorce law to improve how parenting plans are decided and carried out in daily life. Over time, “child custody” has become the “allocation of parental responsibilities.” Where questions of sole or joint custody once prevailed, present-day Illinois law now anticipates that both parents will participate in caring for the children, jointly negotiating a plan that specifies the respective rights and authority each has over their children. In particular, decisions about children’s education, medical treatment, religion, and other major facets of their lives now need to be allocated by consensus between the parents, in whatever proportions they agree to.

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 Posted on April 27, 2022 in Divorce

As the population of Illinois ages, many of us are facing difficult choices where our parents are becoming less mentally capable of making important decisions in their lives. One of the common ways to handle this situation is to seek guardianship from the courts. If granted this guardianship, you would be able to manage their affairs such as their finances, living arrangements, and medical treatment.

But there are also a number of potential drawbacks to consider. First, these wards (those being cared for) can feel extremely limited and frustrated by this loss of independence and reduced control over their lives. Plus, to protect their interests, you as the guardian will also be closely monitored by the courts. This can add up to a large time commitment, as well as substantial legal fees for both the guardian and the ward. There will be regular reporting requirements as well as public court appearances regarding personal decisions, which can prove embarrassing.

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 Posted on April 22, 2022 in Divorce

Living with domestic violence can be confusing. Just when a bad temper or action actually crosses the line may not always be so easy to determine. In our state, the Illinois Domestic Violence Act gives you and your children the right to feel safe in your own home. That means beyond the reach of unwanted contact, physical violence, or even verbal harassment. The law spells out which acts are illegal to carry out in which types of relationships. And if it becomes necessary, it gives you the right to get an order of protection from a court to maintain that safety. So how do you know exactly where you stand?

“Domestic Violence” Means Certain Acts Against Certain People

“Domestic violence” is an actual crime where one member of a household or family abuses another. Among the acts of abuse are:

• Physical abuse (pushing, hitting, strangling, forced sex, preventing you from leaving),

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 Posted on April 14, 2022 in Divorce

When you or your spouse own or have an interest in a business, these holdings could become a major source of contention during divorce. Often, each spouse will have their own ideas about the valuation of the business and how it should be divided. Over the past two decades, Calabrese Associates, P.C. has helped numerous business owners protect their rights and investments in even the most complex circumstances. Here are some of the issues you may encounter:

Business Valuation

The first step after determining which business holdings may be considered marital property is to conduct a thorough and detailed business valuation. Some key issues that may arise are how much each of you has contributed to the business, either directly or indirectly, or how much you have maintained the home during any extended business trips the other partner may have taken.

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