Posted on January 31, 2022 in Divorce

After a couple’s last child moves out of the family home, the couple will often experience something known as an “empty nest syndrome.” While many parents frequently look forward to the day that they will reclaim some of their time and their space without the challenges of raising young children, the same parents are often surprised by how blue they feel once their children are actually gone. 

Without the demands of young children requiring their constant focus, many spouses begin reflecting on their lives from a new perspective. With a better understanding of the time that has passed and the time that remains to them, empty nesters will often reassess their career, their location, and even their relationship. If you are a recent empty nester, know that you are not alone. Knowing why other Illinois couples choose to get divorced during this time may help you create a plan for your own future. 

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 Posted on January 21, 2022 in Divorce

When large discrepancies in income exist between former spouses, or when one spouse gave up significant employment opportunities to raise children or care for a home, spousal maintenance may be awarded. Not every Illinois divorce involves spousal maintenance (also known as alimony or spousal support), but when it is fair and appropriate, spousal maintenance must be negotiated. But how much is fair? And how are amounts and the length of payments determined? Here are three factors to consider if you are negotiating spousal maintenance in your Illinois divorce. 

What Was the Marital Standard of Living? 

Spousal maintenance is not determined simply by how much money one spouse strictly needs until he or she becomes financially independent. If spouses shared a high standard of living, then both spouses will want to continue that lifestyle after their divorce. Illinois courts would consider it unfair that, after enjoying a certain standard of living for many years, one spouse suddenly becomes much poorer while the other spouse continues the same lifestyle as they enjoyed during the marriage - especially when there are children involved. 

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 Posted on January 17, 2022 in Child Support

 Divorced and separated parents frequently disagree about child support. The parent who is ordered to pay often feels as though the money is not being used correctly, and the receiving parent often feels as though the payments are insufficient to meet the child’s needs. Sometimes a parent will fail to pay child support because he or she feels the amount is unfair or because it seems impossible to afford it. 

But no matter the reason, Illinois takes failure to pay child support seriously. Unpaid child support places the full financial burden of raising a child on one parent and reduces the child’s standard of living through no fault of the child. If you are a parent who should be receiving child support and your child’s other parent refuses to pay, it is important to try every method possible to enforce your child support order. An experienced DuPage County child support attorney may be able to help you recover unpaid child support more quickly. 

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 Posted on January 07, 2022 in Child Support

For most divorced parents, child support payments end once their youngest son or daughter turns 18. But for some parents, child support can last many years longer, if not an entire lifetime. If you are paying child support, here are three things to be aware of that could make child support last much longer. 

High School Graduation 

If a child is still in high school when he or she turns 18, child support payments will continue until the child graduates from high school and turns 19. This ensures that one parent is not left paying for all of a child’s educational and housing needs when he or she is still essentially functioning as a minor child. Many child support orders include termination dates, but circumstances can change and parents may need to request a court-ordered modification that includes a termination date. Failure to pay child support is a serious offense in Illinois and it is unwise to assume child support is ending unless you have a confirmed termination date. 

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 Posted on December 29, 2021 in Divorce

Attorneys are one of the most frequently criticized groups of professionals in the world. Jokes about attorneys exist in every culture, and there are many stereotypes regarding attorneys, their supposed characteristics, and alleged shortcomings. Working as an attorney is a difficult job, in large part because, contrary to popular belief, attorneys do care about the well-being of their clients and want their cases to succeed. If you are getting divorced, petitioning for a parenting time modification, or hoping to adopt in Illinois, here are some tips for ensuring you have a great relationship with your lawyer.

Help Your Lawyer Build the Strongest Case Possible

Even if your attorney believes you are completely justified in pursuing your preferred outcome, no attorney has the power to snap their fingers and bend the law. Part of engaging with the law is understanding that it is complex, sometimes vague, and often feels unfair. Your attorney’s job is to represent you and pursue the best possible outcome with your case. You can help your attorney build the strongest case possible by being forthcoming about any information that may be relevant to the case. Gathering any financial documents, relevant paperwork, and evidence like text messages can also help your lawyer develop a powerful case. 

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 Posted on December 22, 2021 in Child Custody / Allocation of Parental Responsibilities

The relationship between a child and his or her father can be one of the strongest bonds a person ever experiences. Unfortunately, in the past, many unmarried fathers have experienced difficulty and frustration when trying to pursue a relationship with their child. For some fathers, these challenges continue even today - but most would agree that their relationship with their child is worth the fight it sometimes takes to get there. If you are a father in Illinois and you want to seek parental rights, including parenting time and allocation of parental responsibilities, read on. 

Establish Paternity

No father has a legal claim to spend time with a child with whom he does not have a legal relationship. Establishing paternity over your son or daughter is the most important first step in a lifetime of love and support. If your child’s mother rejects the possibility of your presence at birth and you cannot sign a Voluntary Acknowledgement of Paternity, you may need to get a court-ordered declaration of parentage. You may need to submit to a DNA paternity test to confirm the biological relationship to the child and establish paternity. Once paternity is established, you can petition the court or parenting time and parental responsibilities.  

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 Posted on December 15, 2021 in Divorce

Divorce is notoriously expensive, long, and difficult. Many couples delay what they know is an inevitable divorce because they have children, want to save money, or are simply not quite ready to make the final decision. But divorce professionals suggest that postponing divorce for some interminable future date may ultimately backfire. Rather than waiting for enough money or the children to reach a set age, experts suggest talking to your spouse openly and trying to create an amicable exit plan. 

Creating an Exit Strategy for Divorce

So you may not be ready to end the marriage - yet. But if you and your spouse already know such a separation is coming, and there are no pressing issues like domestic abuse or financial dissipation, you do not necessarily have to act with urgency. Rather than being reactive to an unpredictable process, you can create a plan for ending your marriage that leaves both spouses in a better place. Here are five steps you can take: 

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 Posted on December 07, 2021 in Divorce

 Prenuptial agreements can be excellent legal instruments for protecting newlyweds from the inevitable strife of divorce. Spouses-to-be can be flexible in addressing their needs, and a prenup can cover many things, from premarital property ownership to spousal maintenance. But though some spouses may want to sign their prenup and forget about it, for other spouses, it is better to consider the prenuptial agreement as a kind of living document that may change or be updated if necessary. Here are three common reasons couples in Illinois amend their prenuptial agreements. 

Spousal Maintenance 

If one spouse earns a substantially higher income than the other spouse, couples may wish to forego or proscribe spousal maintenance in a divorce. But if couples have been married for a long time and one couple suffers a job loss, serious illness, or, on the other hand, inherits a substantial sum of money, the balance of financial power may change. Spouses may wish to raise or lower the amount of spousal maintenance if one partner’s financial picture changes substantially. 

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 Posted on November 30, 2021 in Guardianship

When an adult in Illinois is sufficiently disabled such that he or she is unable to make or communicate decisions about their care, living arrangements, and finances, legal guardianship may be necessary. Illinois law provides legal protection for its adult disabled citizens and Illinois has one of the most progressive guardianship laws in the US, with helpful procedures for appointing guardians and detailing the responsibilities of guardianship. 

Serving as a guardian for a disabled adult is a major responsibility. If you are considering becoming a guardian, it is important to understand what you can expect and what will be expected of you. 

Types of Guardianships

There are two basic types of guardianships in Illinois: Guardianship of the estate and guardianship of the person. Although these can be broken down into more specific categories, these two basic types offer a helpful umbrella for understanding the different responsibilities contained within each role.

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 Posted on November 24, 2021 in Divorce

Parents in Illinois who are struggling with a chronic or terminal illness may reach the point where they feel unable to care for their child properly. When this happens, or when a parent anticipates it will happen in the near future, he or she may decide to share their parental rights with someone who can better care for the child. 

A standby guardian is a person who willingly takes parental rights on behalf of a child’s custodial parent who is very sick, disabled, or deceased. Just as a parent would be, a standby guardian becomes responsible for caring for the child’s needs. If you are considering appointing or becoming a standby guardian, this blog may be helpful to you. 

Who Can I Appoint as a Standby Guardian? 

A parent can appoint anyone who is eligible to become a legal guardian in Illinois and who is willing to take on the parental rights and responsibilities for a child. Depending on the situation, a standby guardian may be the child’s other parent, a grandparent, the parent or child’s sibling (if over the age of 18), or even a good friend. 

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