What if My Former Spouse Does Not Use Child Support for Our Children?

What If My Former Spouse Does Not Use the Child Support For Our Children? Can I Demand an Accounting?

DuPage County Divorce Lawyers for Child Support Payment Misuse

Child support is an issue that can lead to disputes between divorcing spouses or parents who have already broken up. Payments made by one parent to the other are meant to address children's needs. However, situations may arise where one parent is concerned that the other parent is not using child support payments appropriately. They may believe that their ex is using the money on themselves rather than their children or that it is being squandered on items that are unnecessary. For a parent who wants to make sure their hard-earned money is being used correctly, questions may arise about whether they can force their ex-partner to account for how child support is being spent.

If you suspect that your ex-spouse may not be using your child support payments for your children's expenses, you generally will not be able to request an accounting of your ex-spouse's finances. Unfortunately, you usually will not be able to reveal how the money was used or where it was spent. For decades, the attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC have helped clients with cases such as these, and we can explain why laws like this are in place. We will advise you on the best ways to address concerns about child support or other issues related to your children.

Child Support Laws in Illinois

According to Illinois law, when the court determines how much child support you will be paying, the guidelines state that the amount will be the minimum. That is, the amount that is calculated is considered to be the minimum amount that will provide adequate care for your children. Included in this care is food, clothing, housing, and any other necessities that may arise. Since you are only paying the minimum, there is no accounting required by your ex-spouse for how every dollar is spent. The number one priority of the court is to ensure that your children receive adequate care from you and/or your ex-spouse. The amount you are required to pay is considered to be adequate to meet their needs, and your ex will also be presumed to contribute their portion of the child support obligations directly to the needs of your children. If you are concerned that your children's needs are not being met, you may need to take other steps to address this issue. If you can provide evidence showing that your children's health, safety, or well-being is at risk, such as your ex's eviction from their home due to non-payment of rent or indications that your children are not receiving the proper nutrition or medical care, you may be able to bring these issues to the court's attention and request a modification of child custody or child support. If you believe you should have your child support payment amount changed for any reason, such as the loss of your job or increases in your living expenses, our attorneys can help you pursue a post-decree modification.

Contact Our Wheaton Child Support Attorneys

It may be tough to see your ex-spouse seemingly spend money on something not intended for your children. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our lawyers are here to ensure that your child's rights are protected. If you would like us to explain more about the laws involving your Illinois child support payments, or anything else regarding your divorce, please contact us. Call today at 630-665-7300. With offices located in Wheaton, Illinois, we have helped clients with divorces throughout DuPage, Kane, and Kendall Counties. Set up a consultation with our skilled team as soon as possible.

How Do We Tell Our Children About Our Divorce?

How Do We Tell Our Children About Our Divorce in Illinois?

DuPage County Divorce Attorneys Share on How to Break Difficult News To Children

Deciding how and when to tell your children about your divorce can be tough if you and your spouse do not execute it with a fair amount of planning. Every situation is different, but ideally, the best approach is to give this information through a united front. While you and your spouse may not be on the same page about many of the issues in your divorce, you will hopefully be able to agree that you will do your best to protect your children and help them get through this process as well as possible.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can provide you with dedicated representation during your divorce, ensuring that you will be able to make the right decisions as you address issues related to child custody. We will advise you on the best ways to approach different child-related issues, and we will help you focus on your children's best interests as you and your spouse negotiate a parenting plan that addresses the allocation of parental responsibilities, parenting time, child support, and other related issues.

Talking About Divorce With Children

It may not always be possible to discuss your divorce with your children with your spouse at your side, but that is what is recommended. This way, you can both assure your child that they are still going to be loved and cared for, and you can let them know that they can lean on you for support during the changes they are about to go through. If you can, choose your timing carefully and keep everything you are saying to your child about the divorce simple.

Your child may have a friend to talk to who has parents who have gone through a divorce. This can help them understand what is going to be ahead of them. They may also be able to discuss your divorce with other trusted people, such as extended family members or child therapists. However, you should try to plan to answer any and all questions your children may have. Prepare yourself for how they could react. Some children instantly show their sadness or anger, while other children hold in their feelings. Letting them know that they can express their emotions to you, ask questions, and raise concerns will ensure that you can maintain good relationships with them going forward.

During your discussions, you should avoid the blame game or any forms of conflict between you and your spouse. Instead of focusing on your marital issues, make it about your child and their needs. If your marriage is completely over, then be sure to tell them that and be consistent. Some children may be convinced their parents will get back together when that may not be a possibility. It is also important to make sure your children understand that the divorce is not their fault, and you will want to reassure them that both of you will always love them and be there for them.

Contact Our Wheaton Divorce and Child Custody Lawyers

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand that telling your children about your divorce is hard. We have been helping families through these tough times for decades. For more advice or information on subjects related to divorce or child custody, please contact us for an initial consultation. Call 630-665-7300 to speak with our DuPage County attorneys. Our office is located in Wheaton, Illinois, and we have assisted clients in other neighboring counties, including Kane County and Kendall County.

Do Mothers Always Get Residential or Primary Allocation of Parental Responsibility?

DuPage County Attorneys Explain Child Custody and Parenting Time for Divorcing Parents

When parents divorce, or when unmarried parents end their relationship, they will need to make decisions about where their children will live and when the children will spend time with each parent. In some cases, people may assume that the mother will be the primary or custodial parent, with children living with her the majority of the time while visiting the other parent for shorter periods of time. However, arrangements in which the mother will receive more parenting time with her children will not always be put in place. These arrangements are used in many cases, but they are not a guarantee by any means. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help find what arrangements for the allocation of parental responsibilities (formerly known as child custody) and parenting time will best suit your family.

Reaching Agreements About Parenting Time

In many family law cases, both members of the dissolving marriage are able to come to an agreement. Usually, one of the parties will have more parenting time with the children than the other. However, parents may also share equal amounts of parenting time. Parents can work together to create parenting plans that will provide each parent with sufficient time with their children, while also addressing other related issues, including transportation arrangements for children, rules for communication between children and parents, methods of discipline, participation in children's activities, and when children will spend time with parents or other family members on holidays, birthdays, or other specific days and times.

In some cases where child custody issues are decided by the court, a majority of parenting time can be awarded to the parent who was the primary caregiver for the children during the course of the couple's marriage. In many cases, this parent is the mother, but fathers often act in this role as well, and parents may have both been closely involved in child care responsibilities. These issues may be addressed on a case-by-case basis, and the final decisions will be based on a family's unique circumstances, with a focus on protecting the best interests of the children.

We have seen plenty of cases where it was deemed more appropriate for the father to have the majority of the parenting time. If necessary, both parents may have nearly equal time with their children. All options have been handled by the team at Mirabella, Kincaid, Frederick & Mirabella, LLC, and we can help craft solutions that will fit a family's unique needs. We will fight for whatever scenario is best for you while also ensuring that your child will be provided with the adequate care they deserve.

Contact a Skilled DuPage County Custody Lawyer

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we believe that an informed client is better able to make effective decisions. That means we take the time to educate you about the legal process. We can answer any questions you may have regarding any family law or divorce matter. For decades we have assisted parents going through divorces in DuPage, Kane, and Kendall Counties. Contact us to set up a consultation by calling 630-665-7300.

Can I Petition for Guardianship of a Child That is Not Mine?

Can I Petition for Guardianship of a Child That Is Not Mine?

Lawyers in DuPage County Assist with Child Guardians

According to Illinois law, any person of sound mind who is at least 18 years old, a resident of the United States, and who has not been convicted of a felony or declared disabled by a judge can petition for guardianship of a child. This means that a non-parent family member or a friend can seek guardianship. However, the process of applying for guardianship can be complex. To ensure that a potential guardian will be able to establish guardianship correctly, it is important to work with an experienced family law attorney. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can assist with these cases, helping family members or others who will be providing care for children put legal protections in place that will allow them to make important decisions and meet the children's needs.

When Is Guardianship Necessary?

There are many situations in which parents may not be able to properly care for their own children. Some parents may be too young and immature, while others may have financial issues or problems with drugs or alcohol. In cases like these, it is often friends or family members, such as grandparents, aunts, and uncles, who step up and provide the care that the children desperately need. Unfortunately, the biological parents often take advantage of the situation, coming and going from their child's life as they please. This can be not only frustrating for the family member or friend, but it can also be unhealthy for the child.

By establishing guardianship, a family member or other person who provides care for a child can ensure that they will be able to continue serving in this role for as long as necessary. A legal guardian will have the right to make certain decisions for the child, including those related to the child's education, medical care, and living circumstances. They will also have the responsibility to act in the child's best interests and ensure that the child's ongoing needs are met. This will include providing the necessary food and clothing, ensuring that the child will live in a safe situation, and attending to the child's medical and educational needs.

Eligibility for Guardianship in Illinois

Illinois law provides that a non-parent can seek guardianship of a minor child as long the person seeking guardianship:

• Is at least 18 years old;
• Is a resident of the United States;
• Is of sound mind;
• Has not been convicted of a felony; and
• Has not been declared disabled by a judge.

In order to obtain guardianship, the non-parent must show that the child's biological parents have voluntarily relinquished physical custody of the child and are unable or unwilling to care for the child. This burden of proof is waived if the biological parents consent to the guardianship either in writing or verbally in open court. Guardianship can also be granted if the parents fail to appear for the hearings.

Contact Our Wheaton Guardianship Attorneys

An Illinois court will only grant guardianship of a minor child to a non-parent when doing so is in the child's best interests. We can help you meet this requirement and ensure that you will be able to provide a child with the necessary care. Contact Mirabella, Kincaid, Frederick & Mirabella, LLC by calling 630-665-7300 for a confidential consultation today. We serve DuPage County, Kane County, and surrounding areas throughout northern Illinois.