Posted on August 28, 2017 in Paternity

Establishing paternity after a child is born is important for all parties involved. The father gains the allocation of parental responsibilities. If the parents are not together, the mother can collect child support from the father. The child knows who his or her father is and can decide whether to pursue a relationship later in life. The father is most often the mother’s current or most recent romantic partner, but there are exceptions. A presumed father who believes he is not the biological father must make a choice: 

• If no one else claims paternity, he can accept responsibility as the child’s legal father; or
• He can deny his paternity, which may require going to court.

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 Posted on August 25, 2017 in High Asset Divorce

The marital home – or more specifically, the value of the marital home – can be a hotly debated subject when dividing properties in a divorce. Only one spouse can keep the home, and the other spouse will need fair compensation in money or assets. Some spouses instead choose to sell their marital home and split the revenue from the sale. Each spouse can receive a substantial payout from the sale to go towards his or her post-divorce life. However, lucrative sales will incur the capital gains tax. The timing in which divorcing spouses sell their marital home can reduce their tax obligation.

Reasons to Sell

A home is often the most valuable property in a marriage, in both monetary and personal terms. Spouses may have an emotional attachment to the home, especially if they have children. However, selling the home is the most practical option in some divorces:

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 Posted on August 07, 2017 in Child Custody / Allocation of Parental Responsibilities

Divorced spouses may feel relieved to have ended their contentious marriage. The hostility between them made their lives miserable. If the former spouses are parents, they may believe that the divorce will benefit the children, as well. After all, children feel stressed and unhappy when living with parent who are often fighting. However, children are unlikely to view the divorce in that way. The positives that come from not witnessing their parents' hostile relationship are outweighed by feelings of loss and betrayal. Parents must understand how their divorce will affect their children.

Through a Child’s Eyes

For children, there is no fresh start or optimism after their parents separate. The divorce has abolished the two-parent home that they knew and replaced it with an unfamiliar living arrangement. Normally, parents put their children's needs first. A divorce tells the children that their parents' needs are more important than keeping the family together. Though they may not say it, children can blame their parents for not saving their marriage. If not their parents, they may blame themselves. Adults understand that divorce is a natural and often necessary outcome when spouses have irreconcilable differences. For children, divorce is unnatural because it destroys their family.

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 Posted on August 03, 2017 in Division of Assets

Marital properties in a divorce must be equitably divided between the two parties, according to Illinois law. However, cleanly dividing the properties can be challenging or, in some cases, seemingly impossible. Properties can differ based on their assessed value and liquidity. Some of the most valued properties in a marriage, such as real estate, are not liquid, unless the parties agree to sell the property and split the proceeds. For instance, only one spouse can receive the marital home, and the other spouse must be compensated for the assessed value of the home. If a non-liquid asset is by far the most valuable property in a marriage, the remaining properties may be insufficient in value to serve as compensation. In such cases, parties in a divorce can agree to a structured settlement that will compensate a spouse over time.

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 Posted on July 26, 2017 in Judgment Modifications

When former spouses determine parenting time during a divorce, they are creating a schedule that works best at that moment. The needs of children and parents change as they get older. So, it is natural that a parenting time schedule will need to change at some point. A court must approve any modifications to a written parenting time agreement for them to be legal. The difficulty of the process may depend on: 

• How significant the changes are;
• How much time has passed since the agreement was created; and
• Whether both parents agree to the changes.

New Laws

If your parenting time agreement was approved before 2016, you may hear unfamiliar terms when you return to court to modify it. For instance, your parenting time schedule may have been called a visitation schedule. Illinois enacted new divorce laws in 2016, and the new terms reflect a change in philosophy for creating parenting agreements. Parents are allocated responsibilities instead of being granted custody, and parenting time is one of the primary responsibilities. The language in your visitation agreement may be out-of-date, but the agreement can still conform to the law. As long as the court is satisfied that the agreement is in the child’s best interest, you may be able to preserve the parts that you do not want to change.

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 Posted on July 17, 2017 in Divorce

Many users of social media have gotten into the habit of oversharing personal information. They have an unfounded belief that only a select group of friends will see what they post online. A savvy user knows not to post embarrassing or incriminating information about themselves to Facebook, Twitter, or any of the other popular social media applications. People going through a divorce must be even more cautious about how they use social media. A divorce attorney will investigate the opposing spouse’s social media accounts for evidence to use against him or her. Seemingly benign posts can damage someone's reputation in the context of a divorce. Divorce courts are given discretion in settling cases, and damaging social media posts may affect the:

• Division of marital property;

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 Posted on July 11, 2017 in Child Support

The process for determining child support payments is mostly standardized during Illinois divorce cases. An Illinois divorce judge is likely to adhere to the state’s child support formula, which was recently changed to an income shares model. The parents’ net incomes are combined, and each parent will pay a proportionate percentage of child expenses based on comparative income and the division of parenting time. Illinois’ child support law gives divorce courts discretion in determining the payment in certain circumstance. Thus, child support in high income divorces may be calculated differently than when using Illinois’ standard model.

State Guidelines

In response to the new child support law, the Illinois Department of Healthcare and Family Services created a new income shares table for determining child support obligations. The table uses the parents’ combined monthly net incomes and the number of children they have to calculate how much of their incomes should go towards supporting their children. Each parent pays a share of the child expenses that is proportionate to his or her share of the combined incomes. However, the table ends at a combined monthly income of $30,024.99. Illinois law states that the court can use its discretion in determining child support when the combined income exceeds the limits of the table. The only stipulation is that the child support obligation shall not be less than what is listed for the highest income in the table.

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 Posted on July 05, 2017 in Guardianship

Protecting your children means preparing for their needs in case you can no longer be their parent. Your death, incapacitation or incarceration would prevent you from performing your parental duties. Planning for your absence is particularly important for single parents. If the other parent is not available to assume the allocation of parental responsibilities, your children must have a legal guardian to care for them. You can appoint a standby guardian to immediately take care of your children in the event that you are no longer able to.

What Is Guardianship?

A guardian is a person that a probate court appoints to oversee a child’s care when a parent is unable to. The legal parent retains his or her parental rights during guardianship and may reassume parental responsibilities once a court determines he or she is capable of doing so. To qualify as a guardian, a person must be:

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 Posted on June 28, 2017 in Business and Divorce

Business interests are regarded the same as other properties during a divorce. If your business is classified as a marital property, it is part of the equitable division of property between spouses. While you both have a stake in it, the business may be more important to you if you are the primary owner and operator. It is your life’s work, as well as your main source of income. During the divorce, you want to:

• Maintain control of your business; and
• Keep the assets that your business needs to succeed.

In order to protect your business during a divorce, you may need to compromise on other marital properties.

Business as a Marital Property

Determining whether a business is a marital property depends on when ownership began and the financial investment of each party. If you started or purchased the business while married, it is a marital property. The business may be a non-marital property if your ownership predates the marriage. Non-marital assets are not included in the division of property, though your valuable individual assets may be considered during the division and when determining maintenance. A business that you started or purchased before your marriage may become marital property if:

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 Posted on June 21, 2017 in Child Custody / Allocation of Parental Responsibilities

Illinois law presumes that both parties in a divorce are fit parents, allowing them an equal right to the allocation of parental responsibilities. The parenting time and decision making may not be evenly split between the parents, but the divorce settlement will give reasonable responsibilities to each side. However, a court can limit or deny a parent’s responsibilities if it determines the parent is a threat to the child. Unfit parents may be required to use supervised visits in order to see their children.

Determining Unfitness

A parent can claim that the other parent is unfit during or after the divorce. Because of the presumption of fitness, a parent who believes his or her former spouse is a danger to their children must provide evidence to support the claim. A court needs documentation or reliable testimony that a parent may harm a child’s physical or mental health, such as:

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