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Kane County divorce attorney child support

Couples who decide to end their marriage have several decisions to make, including how to divide their assets and property. When children are involved, there are additional factors to consider. Parents who get a divorce while their children are under the age of 18, one of the court’s top priorities is ensuring that the children will still have access to the same level of financial support from both parents that they had during the marriage. In most cases, this means that one parent will be ordered to pay child support to the other for the purposes of providing for the children’s basic needs. As you prepare for your Illinois divorce, it is important to know whether you are likely to be the paying parent.

What Factors Influence Child Support Payments?

Based on the way that child support is calculated in Illinois, the answers to two basic questions can help you determine whether you will be expected to make support payments to the other parent:

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Posted on in Family Law

Algonquin family law attorney adoption

If you are divorced with kids and remarry someone who also has children, it is sometimes referred to as a “blended family.” As the kids’ stepparent, you may have experienced just how rewarding it can be to grow your relationship with your stepchildren and solidify your new family unit. In some cases, it may be a good idea to take the relationship one step further by legally adopting your stepchild or stepchildren. Illinois law outlines a process for doing so, and an adoption attorney can guide you through the necessary steps.

When Is a Stepparent Adoption Possible in Illinois?

If you are legally married to a child’s biological or legal custodial parent, you may be eligible to adopt the child. Illinois law treats stepparent adoptions similarly to adoptions by other relatives, such as grandparents and siblings, meaning that the process is simplified when compared to an agency adoption or independent, non-related adoption. For example, you do not need to establish six months of Illinois residency, and you will likely not be required to undergo a home investigation. However, you will need to file a petition for adoption in court, as well as obtain the necessary consent.

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Kane County family law attorney prenuptial agreement

A prenuptial agreement is an option for any couple who is planning to get married, but it may not always seem like a necessary step, especially for younger couples who are tying the knot early on in life. However, the benefits of a prenuptial agreement often start to become more clear in cases in which one or both partners are entering their second marriage. If you are planning to remarry, it is at least worth considering a prenuptial agreement before you make your new marriage official.

Benefits of a Prenuptial Agreement When Remarrying

People who are preparing for a second marriage are often doing so later in life, meaning that their circumstances can look very different from those of a couple getting married for the first time. These differences can make a prenuptial agreement helpful in a number of ways, including:

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Algonquin family law attorney domestic violence

According to the Domestic Violence Intervention Hotline, domestic violence, which is also called intimate partner violence (IPV), domestic abuse, or relationship abuse, is a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship. Unfortunately, domestic violence is something that affects many married couples worldwide. Although many often correlate domestic violence with physical violence (hitting, punching, slapping, and more), it can take many other forms, such as psychological and emotional abuse. Both forms of abuse can impact the overall well-being of a partner, which can lead a spouse to file for divorce.  

Warning Signs of Emotional Abuse

Some partners might not even recognize that domestic abuse is occurring because there are no physical injuries present to make it apparent. However, the mental and emotional abuse can take a detrimental toll on the body, and feelings worthlessness and hopelessness can quickly arise. Repeated emotional blows, berating, humiliating, and controlling behavior are just a few examples of this abuse in play, as shown below: 

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Kane County order modification attorneyThe end of a marriage can be devastating for many reasons. Life after divorce can seem daunting, especially the thought of starting over again. There are many things to resolve, such as how to divide marital property or assets, allocation of parental responsibilities, as well as child support or spousal support. Formerly known in Illinois as “alimony,” spousal support or maintenance may be awarded to one of the spouses in a divorce depending on the situation. However, although the amount set during the divorce proceedings may be appropriate at the time, a significant change in circumstances may call for an amendment to a spousal support order. 

How is Spousal Maintenance Distributed?

The reason for spousal maintenance in any divorce is to assist a financially dependent spouse who does not have the income or means to be self-supporting post-divorce. This is typically a stay-at-home parent who did not work outside the home while raising children. In some scenarios, a couple may agree to the amount and how often payments will be dispersed. If a couple cannot agree, they will have to go to court and a judge will determine how it should be distributed.

Depending on the terms of the divorce decree, spousal support payments can take various forms:

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Kane County family law attorneysThe National Domestic Violence Hotline (NDVH) received its five millionth call in May of this year. This statistic shows how prevalent domestic violence can be in relationships. In many cases, the victimized person may fear for his or her safety on a daily basis. However, he or she may also be afraid to leave an abusive spouse or partner. Domestic violence can take many different forms. These can include physical harm, verbal threats or harassment, and more. Sometimes making that first call for help is the most difficult step in the process to escape an abusive situation. It is important to understand what behavior constitutes abuse so you can recognize it and seek legal orders of protection. 

Illinois Domestic Violence Law

Domestic violence is considered a crime in Illinois. Any individual who hits, kicks, chokes, harasses, threatens, or interferes with the personal liberty of another family or household member violates the Illinois Domestic Violence law. Illinois law defines family or household members as:

  • Family members who are related by blood;
  • A married or divorced couple;
  • People who share or previously resided in the same home;
  • People who have a child in common;
  • People who are current or former dating or engaged partners; and
  • People with disabilities and their caretakers.
  • Forms of Domestic Abuse

Although physical abuse is the most recognizable form of domestic violence, it is just one of many forms of it. Domestic violence encompasses:

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Algonquin Family Law AttorneysDivorce can be really difficult for everyone involved, but especially for a young child whose parents are splitting up. Parents often fight over the allocation of parental responsibilities (formerly called “child custody”) or parenting time (formerly called “visitation”). Their child might feel torn between trying to be loyal to both parents. In Illinois (and every state), a person under 18 years old is considered a minor and in most cases, unable to make legal decisions. Illinois courts consider the age of the children and the children’s wishes as well as family circumstances in deciding child-related issues.     

Best Interest of the Child 

Some people think there is a certain age at which a child can choose which parent with whom he or she wants to live, but that is a misconception. In Illinois, 14 years old is generally age at which a child’s opinion starts to be considered more by the court regarding under whose roof he or she will live. However, this is also based on the level of maturity of the child in question. For example, a mature 11-year-old boy may prefer to live with one parent because he attends a private school in the town where that parent lives. A 15-year-old girl may state she wants to live in the house where the parent does not enforce many rules or where there are no step-siblings if a spouse remarries. Ultimately, the court’s decision is based on which living situation or environment is in the best interest of the child.

In general, Illinois courts recognize “legal custody” and “physical custody.” Legal custody gives a parent or guardian the right to make important decisions, such as where a child will attend school or go to church. The term physical custody refers to which parent with whom the child will live. Like in other states, sometimes one parent (sole custody) or both (joint custody) parents can have legal and/or physical custody in Illinois.
A judge will take into consideration many factors regarding the allocation of parental responsibilities (custody), including but not limited to:

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St. Charles family law attorneyMost couples do not enter into marriage thinking they are going to get a divorce. However, many married people do decide to split up for various reasons. Even if divorce seems unlikely, it is a good idea to make plans for how certain issues will be addressed if a marriage ever ends. A postnuptial agreement is a written agreement drafted between two married spouses or two people who have entered a civil union. This type of agreement functions as a legal contract, and it can outline what will happen to the couple's assets if they separate or get divorced. It may also decide whether either party will receive spousal maintenance (alimony), and it can address what will happen with marital property after the death of one spouse. A postnuptial agreement is similar to a prenuptial agreement (or “prenup”), except it is created after a couple gets married rather than before they tie the knot.

Pros and Cons of Postnuptial Agreements

One of the main reasons a couple creates a postnuptial agreement is to ensure that assets such as property, finances, and even debts are distributed equally after a divorce. Making decisions about ownership of property ahead of time can help avoid conflict during the divorce process. A postnuptial document can also be helpful if children are involved, as it may be used to ensure that they have financial security for their future. For example, if your children want to attend college or a trade school, a set amount of marital assets can be set aside to go toward their tuition, room, and board.   

While a postnuptial agreement can be beneficial, it can also present problems, especially if a spouse signs the agreement without fully understanding the terms. In some cases, a person may even sign an agreement against their will or after being coerced into doing so by their spouse. This can complicate the divorce process later if a spouse tries to contest the agreement.

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