Posted on August 30, 2019 in Parenting Time (Visitation)

Illinois law requires courts to divide parenting time in a way that is best for the children. There is a rebuttable presumption that the children are better off when one parent receives a majority of the parenting time because it is more stable than frequently transporting children between parents. A group primarily made up of fathers’ rights advocates has spent years trying to change that presumption so that an equal division of parenting time is the default. State legislators have introduced equal parenting time bills multiple times in recent years, but none of them have progressed to a full vote by either chamber. It is difficult but possible to get a court to approve a 50/50 division of parenting time. There is no denying that children benefit from having an equally strong relationship with both of their parents. Other factors determine whether equal parenting time is the best arrangement for the children:

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 Posted on August 25, 2019 in Divorce

Going through a divorce can stir up complicated emotions for everyone involved. Some of the emotions are predictable, such as anger, depression, and anxiety. You may be angry at your spouse and yourself for the end of your marriage while also feeling depressed about it. It is natural to feel anxious about what your post-divorce life will be like. However, you may surprise yourself with some of the emotions you feel during and after the divorce. Rather than deny them, you should acknowledge these feelings and understand why you are experiencing them:

1. You Still Care About Your Former Spouse: Couples divorce because they no longer feel affection for each other and are unhappy living together. You may initially feel resentful towards your spouse and take some pleasure in their struggles. However, you may eventually realize that you still care about your spouse’s wellbeing and want them to find happiness on their own. This is not the same as loving or even liking someone. It is showing empathy towards someone who was once an important part of your life.

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 Posted on August 15, 2019 in Child Support

Illinois calculates the child support payments that one parent owes the other by using an income shares table. To determine your child support payments, you would start by adding up the combined net incomes of yourself and your co-parent. Each row in the income shares table has an income range. When you find the row where your combined incomes fall, you will go across to the column for the number of children you share. The number you see is the base level of the combined child support obligation that you must pay together each month.

Your proportionate incomes will determine the share of the child support obligation that each of you are responsible for. If your income is 60 percent of your combined incomes, then you are responsible for 60 percent of the child support obligation. The nonresidential parent is typically the one who pays child support to the residential parent, even if they have a lower income. The formula for determining the payment amount changes when parents have a shared parenting arrangement.

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 Posted on August 07, 2019 in Divorce

The decisions and responsibilities involved during a divorce can come at you fast and leave you overwhelmed even if you are somewhat prepared. As with other responsibilities, creating a to-do list for your divorce can keep you organized and prevent you from forgetting about important tasks. This may be the most complicated to-do list you will ever create because it involves all aspects of your life. Instead of crossing off completed list items, you may mark that an item is being addressed and update it periodically. Most divorce to-do lists will have the same general sections, with the specifics in each section varying by the person:

1. Filing for Divorce: The divorce process officially starts once you have filed for a dissolution of marriage with a local court. Either spouse can file for divorce, and the other spouse will receive a notice of the divorce and the scheduled court date. You may gain a geographic advantage by being the one who files if you and your spouse live in separate court districts.

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 Posted on July 31, 2019 in Divorce

When your divorce is stressing you out, it is healthy to find an activity that helps you relax. For some people, drinking alcohol is a nice treat after a stressful day and a way to unwind. However, you should be careful that your alcohol consumption does not become excessive. Studies have shown that divorce can increase the risk of alcohol abuse and the development of alcoholism in some people. Alcohol abuse is bad for both your health and your ability to receive what you want from your divorce.

How Alcohol Becomes a Problem

With its prevalence in society, it is easy to forget that alcohol is a drug that can alter your mood and behavior. As a depressant, alcohol relaxes people who feel anxious or stressed, such as a person going through a divorce. There is truth in the idea that people use alcohol to self-medicate. However, the frequent use of any drug has the risk of abuse or addiction. Drinking may have always been an enjoyable activity to you, and you may turn to it more frequently during your divorce as a source of relief. Not living with your spouse may make it easier to go out for drinks after work and to have several drinks when you get home. Binge drinking can lead to a dependency on alcohol to help you relax. Some people naturally have a greater risk of developing alcoholism, but excessive use can create addictive behavior in anyone.

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 Posted on July 24, 2019 in Judgment Modifications

Spousal maintenance payments established in a divorce agreement are terminated if the recipient party remarries. There is no argument that the remarried party has a new source of income and no longer needs their former spouse to pay for their living expenses. A court may also terminate maintenance if the recipient is in a de facto marriage, meaning that the couple is not legally married but behaves as if they are. The spousal maintenance payor is responsible for proving that a de facto marriage exists and that maintenance payments are no longer appropriate.

Proving a De Facto Marriage

There is a difference between an intimate relationship and a de facto marriage. Illinois courts look for several signs that a relationship is behaving like a marriage, such as a couple:

• Living together;
• Having a long-standing relationship;

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 Posted on July 14, 2019 in Child Support

Parents who divorce are required to create a child support agreement in order to share the cost of child-related expenses. Illinois currently uses an income shares model that determines how much each parent should pay based on their proportionate incomes. If a parent’s income makes up 70 percent of their combined incomes, that parent will pay 70 percent of the child support obligation. Either parent can request a modification of the child support order, based on a significant change of circumstances, such as:

• A change in a parent’s income;
• A change in the expense of raising a child; or
• A child becoming a nondependent.

In certain situations, child support may be modified when one parent remarries.

Available Income

Illinois will not include the income of a new spouse when calculating a parent’s child support obligation. A stepparent is not required to financially support a child, and combining the incomes of a biological parent and stepparent would effectively force the stepparent to do so. A new spouse could affect a parent’s ability to pay their child support obligation. A parent may claim that a child support obligation is unreasonable if it does not leave them with enough money to pay for their own living expenses. Illinois courts have the discretion to deviate from the child support formula to create affordable payments. Remarriage changes a parent’s available income because spouses will combine their incomes and share their expenses. A new spouse could pay for a parent’s living expenses, freeing the parent’s income for other expenses. In such a situation, the other parent could request that the remarried parent pay child support based on the normal calculation.

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 Posted on July 04, 2019 in Divorce

Like it or not, your divorce is not something you can keep secret for long. You know you need to tell your family and closest friends about it. You may try to avoid discussing it with more casual and impersonal acquaintances, but those people may hear rumors about your divorce or figure out something is wrong. Most people know that it is rude to pry into the personal life of someone who is not a close friend. You can plan how you will respond to people who do ask about your divorce:

1. Consider the Context: You do not need to tell anyone about your divorce unless you know that it will affect them. For instance, your boss at work may need to know if your divorce will impair your ability to complete your work. Co-workers may need to know if you will be unable to complete your work, but you do not have to tell them that you are getting divorced. People who you do not work or socialize with do not require any notice about your divorce.

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 Posted on June 29, 2019 in High Asset Divorce

People usually associate infidelity in a marriage with having a romantic affair. There are other ways that spouses can lie to or hide things from each other that are just as hurtful. One way that is receiving increased attention is financial infidelity, which is when a spouse has secret financial accounts or debts. Financial infidelity is not only a betrayal of trust, but it also puts the unaware spouse at financial risk. In some cases, the betrayal may be serious enough that the spouses choose to divorce.

Understanding Financial Infidelity

Digital technology makes it easy for someone to create secret accounts or conduct financial activities without their spouse knowing. The person can control everything remotely and hide records. As with most lies, the truth comes to light usually when the lying spouse feels compelled to confess or the unaware spouse discovers evidence of the secret finances. There are several reasons why a spouse may have secret assets or debts:

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 Posted on June 23, 2019 in Child Custody / Allocation of Parental Responsibilities

Parents of children with special needs must consider the many ways that a divorce will affect their child, as well as how having a special needs child will affect their divorce. The type of special need can determine how you explain the divorce to your child, as well as the details of your parenting plan and child support. Your divorce agreement may need a plan for how you will share responsibility for your child for the rest of your lives.

Emotional Needs

All children need special attention and emotional support when their parents are getting divorced. However, parents must use extra care when explaining divorce to a child with cognitive disabilities. You know what your child is capable of understanding and how he or she reacts to change. You may need to explain the divorce multiple times and in a way that he or she comprehends. Your child may still not understand the divorce until he or she sees the result. You can be prepared for a bad reaction to the divorce, but your child may still surprise you.

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