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How Do I Enforce Child Support Payments If My Ex Moves Out Of State?

If your ex moves into another state, you can still collect child support. The process is called interstate child support and it is available in Illinois and other states as well. You can also use it to modify a child support order. Enforcing Child Support in Another State If a parent who was supposed to be paying for child support moves to a different state where the order was not established and refuses to pay for it, you can ask the Department of Revenue or the Office of Child Support Enforcement to enforce payments. In this case, they can a...

10 Common Illinois Child Custody And Child Support Questions Answered 

In regards to custody, visitation, parenting time – what kind of core questions should couples ask before they start talking to an attorney? There are four different types of significant decision-making that parents need to consider when they are dealing with child custody. Those are (1) Educational Decisions, (2) Health Care Decisions, (3)  Religious Decisions, and (4) Extracurricular Activity Decisions. Parents can either make these decisions  Jointly, have one parent make all the decisions, or have one parent have the final decision ...

5 Common Illinois Family Law Questions Answered By Family Law Attorney

What type of family law issue is considered an emergency by the court? Something that you can bring an emergency petition to the court for, needs to have immediate and irreparable harm. The issue needs to be such a detriment to the party that without court intervention there’s no chance to recover from that injury.  It does not matter whether the issue is financial or actual physical injury. Our office has clients call all the time and say ’this needs to be on an emergency basis, this needs to be expedited, it needs to be done by tomor...

Why Divorce Is Sometimes Better For Children?

Any parent who is in the middle of a divorce or is considering it must be concerned about whether is the divorce better for children or not. The fear can be crippling, but the state your children will be in if you remain in a loveless marriage will be worse. Top Ways Divorce Can Have A Positive Impact On Children Here are just some reasons why you should consider divorce to be better for the family when it comes to your children: Constant Arguments Will Come To A Stop When parents fight, children are caught in the crossfire. Do you want your ki...

Can My Ex Modify Alimony If I Win The Lottery?

An individual’s odds for winning the lottery are one in a million. However, if you are fortunate enough to win one, and pay alimony, whether your ex can ask to modify alimony depends on a few factors. Timing Matters When it Comes to Alimony Modification Post Lottery Win Whether your ex can collect support from your lottery winnings depends on when you won. Some cases are more clear-cut than others. For instance, if you purchased the winning ticket after the divorce, the money can be deemed non-marital since your ex is not married to you a...

Questions Answered On Getting Divorce During COVID in Illinois

If couples are considering divorce during COVID, what are some important things they need to know ahead of time? There have been a lot of changes in the process of getting a divorce in Illinois now that COVID has taken effect. For example, couples now need to think about the division of stimulus checks. Most couples have joint filings every year for their taxes. This means the stimulus relief checks sometimes can be cashed by either spouse. That is based on their combined taxes, their 1099s, W-2s, or the rest of their tax documents.  Knowing ...

How Is Spousal Support Calculated?

One of the largest concerns that a divorcing couple has is the state of their finances post-divorce. Once the court has made a decision regarding spousal support or maintenance, it has to determine the amount as per statutory guidelines. How Spousal Support Is Calculated in Illinois The length of the marriage plays a large role in determining spousal maintenance if the combined income of the spouses is less than $500,000. However, it can deviate from this calculation irrespective of the income. If the combined income of both spouses is less tha...

How Is Asset Division Decided In Illinois?

U.S. states follow either of two approaches when it comes to in a divorce settlement; namely the equitable distribution method and the community approach. However, most states such as Illinois prefer fair equitable division. While it is fair, it doesn’t necessarily mean it’s equal. Asset Division in Illinois Rather than dividing marital property straight down the middle, an Illinois judge examines a number of factors surrounding property division to determine a fair division. Some of them include the following: The debts and finances of b...

Divorce Questions Answered By Schaumburg Divorce Lawyer

What is an uncontested divorce, and how does it differ from a contested divorce? Do most people realize there are two ways to approach divorce? Sometimes I have clients who know that there’s a difference between uncontested and contested. I would estimate that 50% of the clients know prior to our consultations. If they don’t, then usually do not say if their divorce is uncontested or contested, they just say they want to get a divorce. In those cases, they usually don’t know much about the divorce process. What that generally tell...

How Do I Make Sure My Ex Pays Their Share Of Our Debts?

Debt division In Illinois is different post-divorce compared to other states. Unlike the latter, the former requires that marital debt be divided equitably, not equally. In other words, a 50/50 division is not allowed. That’s because a number of factors are taken into consideration when it comes to determining who is responsible for what post-divorce. To determine a fair division, the court considers each individual’s contributions to the debt, income, expenses related to children, duration of the marriage, and personal finances. What To Do...

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