Posted on August 13, 2024 in Child Custody / Allocation of Parental Responsibilities

In most cases, during the allocation of parental responsibility, both parents want to see their children as often as possible. But what if your ex simply walks away after the divorce, perhaps even moving out of state, and makes no effort to see the children? What if you see your children waiting anxiously for their visitation time only to have your ex cancel time after time?

As heartbreaking as this is, are there any legal avenues for forcing a parent to take advantage of visitation time? The answer is probably "no." Since visitation is considered a "right," people cannot be penalized for choosing not to exercise that right.

There may, however, be steps you can take which are best explained by a family law attorney from Calabrese Associates, P.C.. If you have an experienced Naperville, IL custody lawyer who can fully explain Illinois laws regarding the allocation of parental responsibility, you are better able to make informed decisions.

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 Posted on August 07, 2024 in Child Custody / Allocation of Parental Responsibilities

Children under 16 who earn money on social media via an adult are now subject to a new Illinois law designed to protect them. As of July 1, any adult who is financially compensated for sharing information about children under 16 online will be required to put a certain percentage of the profits into a blocked trust for the child. Minors are also allowed to sue their parents or other adults who profited from content that included the child yet failed to safeguard the money.

The question now is how a parent making money from their child’s frequent appearance on social media might affect their allocation of parental responsibility or child support. Perhaps a parent in the middle of a custody dispute believes the other parent's social media exposure of the child is not healthy or safe for the child. If the child is young, the other parent might even believe the exposure is exploitative. While this is a relatively new area, those in this situation should speak to a knowledgeable Naperville, IL child custody attorney from Calabrese Associates, P.C..

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 Posted on July 30, 2024 in Division of Assets

Social media and divorce are increasingly linked. Perhaps the use—or misuse—of social media contributed to these divorces, or perhaps the progression of a divorce is impacted by the use of social media. Today, 67 percent of attorneys use social media evidence against the other spouse during divorce proceedings.  

Perhaps contributing to the divorce itself, 35 percent of couples say they argue about social media posts monthly, and a full one-fifth of married people admit to feeling jealous of their partner’s social media interactions. But could social media posts actually have an impact on how marital assets are divided during the divorce? They not only can, but they do, on a regular basis.

Social media and divorce asset division may not sound like two things that have much to do with one another. If you believe this—and are in the midst of a contentious divorce—proceed with your social media postings at your own peril! Even better, speak to an experienced Naperville divorce lawyer who can advise you on the use of social media while protecting your half of the marital assets to the extent possible.   

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 Posted on July 19, 2024 in Division of Assets

While the division of retirement accounts during an Illinois divorce can be complex, it can also be a crucial part of the division of assets process. Some spouses in the middle of a contentious divorce may simply walk away from their share of the retirement account just to have the matter over and done with. Other spouses may not believe the retirement account is worth enough to go through the headaches of splitting it.

Aside from the marital home, retirement accounts can be one of the most significant assets owned. Community property states divide marital assets—including retirement accounts—50/50.  Equitable division states (like Illinois) divide marital assets fairly, if not evenly. Having a Naperville, IL division of assets attorney working for an equitable split of the marital assets ensures both parties are treated fairly.

Will I Have to Split My Retirement Evenly with My Spouse?

Under Illinois law, the part of a retirement account accumulated during the marriage is considered marital property and will be divided fairly during the asset split. If the spouses marry later in their careers, either one may have significant retirement savings that are considered their separate property. Retirement earnings from 401(k) contributions before the marriage are considered "non-marital," while contributions and earnings after the marriage are considered "marital."  

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 Posted on July 10, 2024 in Division of Assets

Some domineering spouses will use the couple’s marital finances to assert control within the marriage. This control sometimes rises to the level of financial abuse. If your spouse has been restricting your access to marital funds, forcing you to deposit your salary into an account that only has his name on it, or strictly controlling your spending, he may fall into this category. If you are ready to leave your marriage, there are steps you should take before filing for divorce and while your divorce is in process. You must be represented by a strategic Dupage County, IL complex divorce attorney throughout your divorce. A lawyer can work to protect your financial interests.

Protecting Yourself During Divorce From a Financial Abuser

You are just as entitled to the marital finances as your spouse is. Generally, neither of you has the right to prevent the other from accessing marital property. Steps your lawyer may suggest to protect your interests while you are divorcing a financially controlling spouse include: 

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 Posted on July 05, 2024 in Child Custody / Allocation of Parental Responsibilities

Deciding what type of medical and mental health care your child should receive is an important parental responsibility. If you and your spouse are always in agreement about what kind of care your child should have, allocating this parental responsibility might be fairly easy. Sharing the duty - and right - to sign medical consent forms for your child is the logical solution. However, if you and the other parent have major disagreements about important issues like whether to vaccinate your child or whether she should see a therapist, you might have a more difficult time allocating medical decision-making duties. A court may need to step in and make this decision for you. An experienced Naperville, IL parental responsibilities attorney can help you fight to do what is best for your child.

Common Disagreements About a Child’s Medical Care

Having very different opinions about medical science and what kind of care a child should be able to receive is sometimes the reason parents are getting divorced. Common medical issues affecting children parents disagree on include: 

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 Posted on June 28, 2024 in Child Custody / Allocation of Parental Responsibilities

Especially if you and your child’s other parent both work full-time, there will be times when neither parent can physically be with the child. Even if one of you is a stay-at-home parent, there may be occasions when you need someone other than your co-parent to take care of your child for a short amount of time. You may need to attend to a family emergency while your co-parent is out of town, or your co-parent may have a work event that is not child-friendly while you are out of town. It is wise to include both contingency and routine childcare plans in your parenting plan. A Naperville, IL parenting plans attorney can help you and your spouse negotiate these terms.

Planning for Routine Childcare

If you and your co-parent work overlapping hours, you will need to plan for routine childcare while you are both at work. A few things to consider include:

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 Posted on June 20, 2024 in Divorce

Financial concerns prevent a lot of lower-earning spouses and homemakers from seeking the divorce they want. If you are financially dependent on your spouse, you might be worried about what would happen to your lifestyle - or even your ability to meet your basic needs - if you got divorced. Stay-at-home parents might have additional concerns about how their earning capacity might impact child custody decisions. Illinois offers legal protections for spouses who would be at a financial disadvantage during divorce. While you should discuss your concerns with a qualified Naperville, IL divorce attorney, you should also know that your individual finances are unlikely to be the barrier to divorce you think they are.

The Law Says You Contributed to Your Spouse's Earnings

Illinois’s marital property statute considers almost everything either spouse acquires while he or she is married to be marital property. This includes each spouse’s income and anything that income is used to purchase. Your spouse cannot argue that because his or her earnings were used to buy certain things, those things belong to him or her.

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 Posted on June 10, 2024 in Child Custody / Allocation of Parental Responsibilities

When one parent has relocated - with or without the children - you will need to make a new parenting time schedule. Arranging to transport the children back and forth between each parent’s household can be quite a bit more difficult when the parents live far apart. Depending on the distance between the parents’ households, this might involve buying plane tickets and planning for your children to travel alone as unattended minors. If you had a 50/50 parenting time schedule before the relocation, you would probably not be able to adhere to that schedule anymore. A DuPage County, IL child custody attorney can help you modify your parenting time arrangements.

Custody Options for Parents Who Live Far Apart

Sometimes, a little creativity can help you and your co-parent both enjoy plenty of time with your children. A few parenting time schedule options for parents who live at a distance include: 

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 Posted on June 04, 2024 in Division of Assets

Generally, when a married person receives an inheritance, it is his or her separate property. Inherited money or property is excluded from the definition of marital property, which includes nearly anything either spouse acquires during the marriage. Inheritances are treated a bit differently under the law when it comes time to divide marital assets. When your family member or loved one chose to leave you an inheritance, she clearly meant for you to be the one to benefit from her gift. Otherwise, she would have named both you and your spouse in her will or trust. However, parts of your inheritance can become marital property if you commingle those assets with your marital funds. If you are getting divorced, a Naperville, IL divorce attorney can help you take steps to protect your personal inheritance.

What Counts as an Inheritance? 

Your inheritance can include anything you receive by gift, legacy, or descent. This includes:

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