Posted on May 31, 2017 in Kane

Divorce can affect couples from all walks of life, even the financially flush. However, when wealthy people decide to end their marriage, the proceedings can differ somewhat from those who have relatively few assets to divide. For a wealthier couple, there will understandably be a more prolonged discovery period, as well as a focus on ensuring that all assets are properly identified and evaluated.

What Is Equitable Distribution?

The primary issue in high-value divorces is that because so much is at stake, each party is more likely to dig in and fight for what they see as their rightful share. In some cases, however, it is not the spouses but the court that decides what is an appropriate distribution. Illinois is an equitable distribution state, meaning that property is not divided 50/50 as it would be in a community property state. Rather, experts help evaluate each asset so that each party may receive a share that is equitable and fair based on the circumstances of the situation.

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 Posted on May 24, 2017 in Main

Sometimes, cases do not work out exactly the way we think they will. You may not receive the full amount of maintenance or child support that you were seeking, or you might not receive the parenting time you desired. While some decisions cannot be challenged, many if not most can be appealed or petitions may be filed to request reconsideration. In short, in most cases, all is not lost if you receive a denial or other unsatisfactory result.

Appeals and Motions

There are two primary methods through which a request to reconsider may be filed in Illinois. Which one you should use depends on the nature of the perceived problem with your case. If you believe that the judge made an error of law, and your attorney raised the proper objection at the proper time, it is appropriate to file an appeal. The Illinois Supreme Court Rules govern the relevant procedure, and the requirements are strict. You must file your appeal within 30 days of the final judgment's entry (or the entry of the relevant order, in some situations), and the record is restricted to questions of law. You may not simply re-litigate your case in a new courtroom.

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 Posted on May 17, 2017 in Kane

Divorce is a difficult decision to make. Sometimes, a couple may hesitate on pulling the proverbial trigger even though they are well aware that their marriage is in trouble. If you are in this situation, a legal separation may be an idea, as you receive many of the benefits of divorce without giving up all of the benefits of being married just yet. Be advised, however, that most people “separate” colloquially, meaning that they take no steps to protect their assets like bank accounts or titles to vehicles. Legal separation, by comparison, has specific procedures that must be followed.

Changes to the Law

Before changes were enacted in 2016, legal separation was used by many couples who did not have sufficient grounds to divorce, or by couples whose religion either prohibited or frowned upon divorce. With the abolition of fault grounds, fewer people use the procedure because obtaining a divorce on the ground of irreconcilable differences is much easier than it was in the past. However, it is still the choice for many who simply cannot make the decision to divorce for whatever reason.

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 Posted on May 10, 2017 in Main

In cases where the well-being of a child is at issue, sometimes parents will resort to inappropriate measures. Illinois law recognizes one of the most insidious—known as parental alienation—as a possible reason to adjust a parenting plan or custody arrangement. Many people, however, do not understand parental alienation or how to recognize the signs of it.

Definitions and Symptoms

While there is currently some debate as to whether parental alienation syndrome (PAS) is a true disorder, this question is all but irrelevant in the legal system, where the effects of parental alienation are very real. Parental alienation, in legal terms, occurs when a child is influenced or brainwashed into believing the worst of one parent, most often by the other parent—though sometimes by a grandparent or someone else close to the alienator. The ultimate goal is usually to get the child to totally reject the other parent. This most often happens during custody or divorce proceedings, though it can, in theory, occur at any time in a child's life.

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 Posted on April 27, 2017 in Kane

In many cases, receiving court-ordered child support is the difference between being able to pay the bills and being in financial trouble. Sometimes, however, child support simply does not get paid. Whether the failure to pay is the result of malicious reasons or because unexpected expenses occurred for the supporting parent, you may have to go to court to obtain what you are owed.

Most Common Methods

The most common way that noncompliant parents are made to pay their support obligations is to the State Disbursement Unit (SDU), via automatic income withholding (AIW), under the federal Family Support Act. Illinois has adopted a version of this law that is functionally identical to the federal statute, though other states have made modifications. Income withholding applies to divorce decrees that have both child support and spousal support or that only discuss child support. In other words, you cannot request income withholding through the SDU, if your former spouse is behind on maintenance payments only, at least not in Illinois. AIW generally takes effect automatically unless the parties specifically agree to another form of recourse in the event that back child support has accumulated.

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 Posted on April 22, 2017 in Main

When a couple decides to divorce, it is not only assets that must be divided during the proceedings, but also any marital debt that has accrued. As with assets, a family court will generally divide debts along equitable lines, meaning that the person who makes more or who has more assets will often be tasked with managing more debt, whether they originally incurred it or not. It may set your mind at ease to better understand the rationale judges use to make such determination so you can know if you are being unfairly saddled with too much debt.

Debts in Divorce

When discussing marital assets and debts, equity is the watchword - Illinois is an equitable distribution state, as opposed to a community property state, which means that the courts will divide both marital assets and debts according to each spouse's ability to pay and the income they make. Generally, it is the fairest approach, as it ensures that each debt is assigned to the person who is most likely able to pay it. It most cases, the debt will follow the asset. For example, if one spouse is awarded a vehicle that still has a balance due on a loan, that spouse will take responsibility of both the ownership of the vehicle and payment of the loan.

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 Posted on April 13, 2017 in Kane

Sometimes, life happens. A new job, new relationship or death in the family may necessitate a move, but to relocate a family is almost never easy. This is true because Illinois law does set some restrictions on relocating children, especially during or after divorce. Very often, one parent's interest in seeking new opportunities must be balanced with the other parent's right to parenting time and their children's interests in staying where they are comfortable.

Recent Changes to Relocation Laws

Before 2016, Illinois law held that a parent could uproot their children for any destination within the state, but if he or she chose to leave the state even by a very small distance, permission of either the other parent or a family court was required. With the revamping of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a new approach was adopted.

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 Posted on April 05, 2017 in Main

If you make child support payments or receive them for your child, you undoubtedly recognize the importance of your obligation. Regardless of what happened between you and the other parent, your child is entitled to support from both parents. When a child support order is entered by the court, it is imperative for the supporting parent to comply with the order. It is equally important for the recipient parent to use the payments to support the child.

Over time, however, many families will come to a point where the terms of the support order no longer match the circumstances of their situation. In such cases, either parent may petition the court to have the order modified so that the child's current needs can be addressed.

Dramatic Changes

Sometimes, a child support order may become obsolete or unmanageable almost instantaneously. This could happen for a number of reasons, some of which may be welcome changes, but many of which are not. For example, if your child is diagnosed with a serious, chronic medical condition that will incur tens or hundreds of thousands of dollars in equipment and treatment, the child's needs will obviously change. Similarly—though less drastic—if you, the supporting parent, are suddenly laid off or injured and unable to work, your ability to make payments may be directly impacted.

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 Posted on March 21, 2017 in Kane

In most divorce cases, there are a variety of different considerations that must be addressed, including the division of marital property, maintenance concerns, and the allocation of parental responsibilities. Fortunately, many divorcing spouses are able to remain civil and diligently negotiate a reasonable agreement that resolves all of their outstanding issues. While such cooperation is not always possible, spouses who can work together toward reaching a settlement often realize significant savings in terms of time and money throughout the process.

During the course of negotiations or informal conversations, you and your spouse may agree to certain terms. No matter what is said or agreed to orally, it is important that you record all of your agreements in writing so that there is no confusion or uncertainty down the road.

Most Oral Agreements Are Unenforceable

As a parent going through a divorce, you and your spouse could reach a verbal agreement regarding which days your child will spend with you but make no effort to acknowledge your agreement in writing. If, one day, you arrive to pick up your child and your spouse refuses to let the child go with you, you could be temporarily out of luck. Your only recourse may be to petition the court to get a parenting time schedule in writing so that your rights are protected.

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 Posted on March 17, 2017 in Main

In your divorce case, you and your spouse will need to make difficult decisions on a large number of considerations. If the two of you are able to cooperate and negotiate amicably, you may be able to reach a reasonable agreement; however, if you cannot, it will be up to the court. In cases where spousal support, known as maintenance under Illinois law, is requested, the court is required by law to take a number of factors into account before making a determination. If you believe that maintenance is justified in your case, you need to understand what those factors are.

Reasons for Maintenance

A maintenance award is meant to offset some of the negative impact that a divorce can have on a financially disadvantaged spouse. In many marriages, one spouse is the primary earner while the other is essentially dependent on him or her, either by mutual agreement or due to the family's circumstances. A divorce could place a spouse who relies on his or her partner financially in a very vulnerable position. It can be extremely difficult—impossible, in some cases—for that spouse to support him- or herself, especially if he or she is also primarily responsible for the care of the children. This is why maintenance exists, and the Illinois Marriage and Dissolution of Marriage Act provides the court with a list considerations that must be made when deciding on the need for spousal support.

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