Seeking a Child Support Modification after Quitting a Job

 Posted on December 00,0000 in Main

Child support in Illinois is computed as a percentage of a parent's net income. A parent must then pay a certain percentage depending on how many children he or she has to support. If a parent is ordered to pay child support based on a certain amount of income, and the parent's income subsequently changes, he or she can apply to the court for a modification to lower the ordered payment amount.

Generally, a parent who is ordered to pay child support cannot voluntarily quit his or her job to avoid paying support and then claim a substantial change in circumstances has occurred which requires a modification of their support obligation. Illinois case law takes this concept further and scrutinizes parents who are fired due to their own actions. Moreover, depending on the particular case, a court could find that someone who was fired was nonetheless voluntarily unemployed. If this happens, the court would classify the parent's loss of income as being in bad faith and thus no modification would be granted.

Continue Reading ››

Can My Spouse Receive Maintenance after Cheating?

 Posted on December 00,0000 in Main

Marriages end for a variety of reasons. One such reason is infidelity. According to a national study, 55 percent of survey participants stated that they divorced their spouse due to infidelity. Despite the cause, divorce is generally an emotional process for all parties involved. Furthermore, many couples facing divorce must determine whether either spouse will receive spousal support or maintenance after a marriage ends. In this situation, one question often arises: does the infidelity of a spouse have an impact on maintenance?

What is Maintenance?

Maintenance, formerly referred to as alimony, is an amount of money, typically paid monthly, that a judge may award to one party in a divorce action. In general, maintenance aims to put both spouses on relatively equal economic footing after a divorce. The spouse who made less or no money while married will typically petition to receive maintenance. Additionally, a spouse may petition for maintenance so that he or she can continue paying living expenses after obtaining a divorce.

Continue Reading ››

Parenting Plans – Writing the Rules

 Posted on December 00,0000 in Main

In 2003, Illinois enacted the Uniform Child Custody Jurisdiction and Enforcement Act which sought to simplify child custody disputes. When parents share custody, both parents can make important life decisions for their child—and a parenting plan, agreed upon by both parents, can help to alleviate visitation and custody conflicts.

Additionally, the Illinois Marriage and Dissolution of Marriage Act requires that the best interests of a child be considered. Hence, when creating a parenting plan, a child's interests and well-being must be considered.

What is a Parenting Plan?

A parenting plan agreed upon by the parents is essentially a contract, which after being approved by the court, becomes an enforceable order or judgment of the court. Ideally, a parenting plan will help keep parents out of court by having them agree upon child rearing issues in advance. The plan can cover future and current child custody issues as well as a variety of topics that deal with varying aspects of child custody and visitation.

Continue Reading ››

The Dos and Don'ts of Child Custody

 Posted on December 00,0000 in Main

The process of divorce is emotionally taxing and complex. The process is even more challenging when there is an issue of child custody. There are, however, several tips which may make the process easier to overcome if followed diligently.

Be kind to your child: While this may seem obvious, it is important to keep in mind. Resist the temptation to take out your frustrations on your child. Additionally, when you are with your child, aim to be neutral or positive about his or her other parent. This will help to ensure that your child is not negatively impacted by your actions. On the other hand, if you know or suspect that the other party is attempting to negatively impact your child's feelings about you or your family, it is important that you speak with your attorney to minimize any negative influence on your child's emotional state.

Continue Reading ››

Adopting a Child in Illinois – Reviewing the Process

 Posted on December 00,0000 in Main

The decision to adopt a child brings together individuals who desire to become parents of children who are in need of loving homes. While adoption is often extraordinarily beneficial for all parties involved, the process of completing one can be very complex.

Who May Adopt

Under Illinois law, any reputable person of legal age who has lived continuously in Illinois for at least six months immediately prior to the beginning of the adoption proceeding may adopt. A person who is a member of the armed forces of the United States must be domiciled in Illinois for at least 90 days. A person's domicile is their true and permanent home, to which they intend to return to even though they may be currently living somewhere else.

Continue Reading ››

How Does Domestic Violence Affect Child Custody?

 Posted on December 00,0000 in Main

Ending a marriage through divorce is a difficult process, and is filled with many mixed emotions. The process is made more complicated when children are involved, particularly when one parent has been accused or previously convicted of domestic violence. The existence of domestic violence raises several issues that the court may have to address.

What is Domestic Violence?

Under the Illinois Domestic Violence Act (IDVA), domestic violence is defined as physical abuse, harassment, forcing a dependent to witness physical abuse of another person, interference with personal liberty, or willfully depriving a person of necessary items, such as medication, medical care, shelter, or food. Physical abuse includes sexual abuse as well as any of the following:

Continue Reading ››

Child Support and Visitation after Remarrying

 Posted on December 00,0000 in Main

If you are getting married, a great deal of change will occur in your life. A majority of this change will likely be beneficial for you and your new spouse. However, if you had children in a previous marriage before getting divorced, your new marriage may impact child support and visitation.

Child Support

Historically, remarrying did not impact child support as courts did not examine the amount of a new spouse's earnings. This changed slightly when, in an Illinois Appellate Court decision, it was held that the “trial court may equitably consider the income of a parent's current spouse in determining an appropriate award of support.” As a result, courts are not prohibited from considering a new spouses income when addressing certain modifications of child support.

Continue Reading ››

International Adoptions: Overcoming the Complexities

 Posted on December 00,0000 in Main

Adopting a child from another country is more complex than a domestic adoption. These type of adoptions can be expensive and can take longer to complete. However, this does not make adopting a child from another country impossible. Rather, it just means that there are additional issues of which prospective adoptive parents should be aware.

Hague Convention

The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) was designed to provide safety for the children and parents involved in adoptions. The specific objectives are to establish:

Continue Reading ››

What is an Adoption Home Study?

 Posted on December 00,0000 in Main

An important part of the process leading up to adopting a child is the adoption home study. Because of the length and thoroughness of home studies, you may feel overly burdened and like your privacy is being invaded. But, it is important to keep in mind that the home study is a tool to ensure that your adoption will be a successful one for both you and your adopted child.

What Does a Home Study Include?

An adoption home study is a document written by a home study worker about the prospective adoptive parents. It includes information gathered from interviews with each family member living in the prospective parents' house. The interviews will likely be fairly exhaustive and may take some time to complete. Typically, the interviews occur in the prospective parents' home.

Continue Reading ››

What Happens to the House in a Divorce?

 Posted on December 00,0000 in Main

Determining who will get the house is often one of the biggest issues that must be resolved for people going through the divorce process. It is likely that a house is a couple's most highly valued asset, and the decision of what happens to the house is affected by several factors.

Equitable Division

Illinois is an equitable division of property state. Hence, property in a divorce is divided as fairly as possible. One spouse may end up with significantly more because the court awards property based on what each spouse contributed to the marriage. If one spouse had significantly higher financial earnings, the division of property may weigh heavily in that party's favor. But, it is important to note that the court also considers the value of a stay-at-home spouse.

Continue Reading ››