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Divorce, Finances and Children

A divorce may be a relief to some and a nightmare for others. However, during the process, spouses who don’t have children may not go through as much pain as those who are parents. Besides the emotional pain, deciding how assets will be divided and how much child support should be allocated can take a physical and mental toll on the entire family. The good news is financial ruin can be prevented if you avoid these money mistakes during and after the divorce proceedings: Maintain a strict budget – Whether you become the sole breadwinner or l...

If My Ex Refuses To Work, How Do I Get Child Support?

In Illinois divorce cases, the spouse that earns less than their ex is entitled to financial support or spousal maintenance, as well as child support if they were awarded custody. There are several factors the court examines before determining how much a paying spouse should pay. However, it is not uncommon for a paying spouse to refuse to make payments or to delay them. Fortunately, the law does not favor them in this case – especially spouses who refuse to work because they do not want a part of their income going towards alimony. If th...

Getting A Divorce After A Long Marriage and How it Affects Spousal Maintenance In Illinois

A bad marriage is like a bad investment. Rather than staying in one and trying to make it work, you should consider cutting your losses as soon as possible. The alternative is prolonged pain and suffering your family does not deserve. If you believe your marriage is headed towards a breakdown – despite spending years trying to make things work – you should familiarize yourself with the Spousal Maintenance Law, section 504 of the Illinois Dissolution of Marriage Act. From 2019 moving forward, there was a change in the formula the cou...

Financial Infidelity in a Divorce Law

Infidelity in a marriage can mean more than a cheating spouse. Your partner may also be lying about his/her financial accounts or debt. In some cases, the betrayal can be serious enough to lead to a divorce. This is known as financial liability and can hold your ex liable if proven in an Illinois court. Many people commit financial infidelity for the same reason they cheat on their spouses. It’s rarely planned and is often the result of an unsatisfactory relationship. If it involves debt, both spouses are in danger of going in the red. Since ...

How to Relocate With a Minor Child

If you are divorced and are thinking of accepting a job offer in another state, you may need to get court approval before relocating there with your children, according to Section 609.2 of the Illinois Marriage And Dissolution Of Marriage Act. However, if you are the custodial parent, you may not require court approval at all if you find yourself in certain situations: – If the child’s main residence is in a different country that is within 50 miles or less. However, if you need to cross state lines and the relocation will move you 25 m...

What You Need to Know About Cohabitation Agreements in Illinois

As more and more couples are choosing to live together without getting married and raise families together, cohabitation agreements have risen in popularity in Illinois. Many people believe living together without tying the knot frees them from certain obligations. A cohabitation agreement ensures the individuals involved in the agreement are protected against such assumptions. What is a Cohabitation Agreement? A cohabitation agreement is basically a prenuptial agreement without the nuptials. The main difference between it and a marriage is the...

When Determining Child Support, Are Gifts and Loans Considered Income?

Illinois’s child supports laws are strict when it comes to determining net income because courts base it on ‘all income from all sources.’ However, if you are a non-custodial parent and want to give your child a present or take care of student loans for them, how does this affect child support? Are Gifts and Loans Considered Income? In most situations, gifts are not considered income for the parent who receives them, unless they are provided on a regular basis by the non-custodial parent. Even though the law controls how monetary gifts ar...

When You Should Sign a Divorce Settlement Agreement

A divorce is far from easy. With the stress, heartbreak and emotional upheaval a divorce brings, it can be difficult to get through. While the settlement you come up with can provide clarity during this difficult time, signing it without making sure it can provide a stable future for you and your family is not in your best interests. The aim of a divorce settlement is to set agreements you and your spouse agree on before it is finalized. This can include child support, parental responsibilities, spousal maintenance and property division. Howeve...

Reasons to Go Back to Court Post-Divorce/Judgment

A divorce can leave emotional devastation in its wake, but your troubles should stop after the proceedings are complete. However, if the settlement is not in your best interests or your circumstances change after it has been finalized, updating the settlement is a good idea. At that point, you will need to return to court to get the settlement updated or changed. When Should You Modify The Divorce Settlement? Typically, changing the divorce settlement can become necessary if one or both spouses undergo substantial changes personally and/or fina...

Do You Need Protected Parenting Time With Your Children?

As a non-custodial parent, your visits to your children are restricted. If your actions have had a negative impact on your children’s physical and emotional health, the court can place greater restrictions. Generally, visitation is not set in a joint or sole custody situation unless a child’s welfare is at stake. In Illinois, courts use the term parenting time instead of visitation because visitation is deemed more appropriate for family law concerns. The aim of courts is not to determine winners and losers, but to ensure both parties can c...

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