The Consequences of Divorce on Future Children

 Posted on December 00, 0000 in Main

Advances in science have given couples great opportunities to overcome fertility issues, and in other cases, opportunities to preserve their chances of having children by freezing embryos. However, when a couple decides to have a child, either through surrogacy or by preserving embryos for future use, they need to consider the consequences of those decisions in the event of a divorce or separation.

Frozen Embryos

There is not a specific Illinois law or court case that outlines what happens to embryos when parents divorce or separate. In fact, this is a question that an Illinois Appellate Court will soon rule; a prospective father wants to stop a prospective mother from using embryos without his consent.

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Enforcing Child Support Orders

 Posted on December 00, 0000 in Main

Court ordered child support is very helpful to a parent who is primarily raising a child; unfortunately, not all parents fully comply with their obligation to pay the ordered amount. According to one statistic, Illinois children were once owed $3 billion in unpaid back child support. When the money cannot be collected, it can be very frustrating for a parent who depends on these funds to help with their child's daily needs.

Collecting Child Support through Wage Garnishment

In Illinois, one of the primary ways in which child support is collected is through wage garnishment. Under Illinois law, an employer can withhold money from an employee's check if an employee has been ordered by a court to pay child support. The money is then sent to the Illinois State Disbursement Unit for distribution to the parent with a child support order.

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Supervised Visitation in Illinois

 Posted on December 00, 0000 in Main

What can a parent do if he or she believes a former spouse is acting in a manner that is harmful to their child during visitation? Moreover, what if the court orders visitation but a parent is reluctant to take his or her child to the former spouse's home due to certain individuals residing in the home?

In some cases, custodial parents may find themselves concerned about the kind of environment their child may be in when they visit the other parent. A concerned parent may want to protect their child and request supervised visitation. However, it is not always simple to have the court order supervised visitation, and a parent requesting such visitation would have to show by clear and convincing evidence certain factors in order to prevail.

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New Illinois Maintenance Guidelines Impact Divorce Cases

 Posted on December 00, 0000 in Main

In divorce cases, due to the discretion afforded a trial court, the calculation of maintenance can vary significantly from judge to judge and county to county. However, this should change as of January 1, 2015. The Illinois legislature has enacted a new law that impacts how courts will determine maintenance in divorce cases, and it will have a significant impact on future maintenance determinations in Illinois.

In many divorce cases, maintenance calculations have been difficult to ascertain. Judges have often had great discretion in awarding maintenance. However, a new Public Act impacts how courts will award maintenance to couples with a combined income of less than $250,000.

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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.

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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.

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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.

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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.

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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.

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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:

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