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Geneva family law attorneyIf you are a parent considering divorce, your number one concern is probably about how the divorce will affect your children. Fortunately, there are many good resources for parents planning to divorce. One thing parents should do if they are planning to share custody of their children after the split is create a parenting plan or parenting agreement.

Every Plan is Different

If you are a parent getting divorced in Illinois, the courts will require you to draft and submit a parenting plan. In it, you should define the proposed custody and visitation schedule (technically called allocation of parental rights and parenting time respectively) as well as solidify other parenting decisions. Only the custody and visitation schedule is required, but many experts suggest parents use a court-required parenting agreement as an opportunity to get on the same page regarding the children. Each family is different, so your parenting plan will not look exactly the same as another family’s plan.

Kane County child support attorneyWhen a couple with children divorces, the parent with less parental responsibility and parenting time is often ordered to pay child support by the court. Such a parent must make periodic payments to the other parent in order to help with child-rearing expenses. Since 1988, Illinois has allowed court-ordered child support payments to be paid through automatic income withholding. The amount of money that can be deducted from the payor’s paycheck is based on the Income Shares model. This method of determining child support takes into consideration both parents' incomes as well as the amount of parenting time and parental responsibility each parent has.

When a Parent Does Not Pay His or Her Required Child Support

Sometimes, for a countless number of reasons, parents are unable or unwilling to pay their court-ordered child support. When this occurs, the recipient parent, meaning the parent with more parental responsibility who is due support payments, can petition the court to address the problem. The state of Illinois has the authority to take child support obligations from other periodic payments such as worker’s compensation and unemployment benefits.

Kane County divorce attorneyAlthough we often do not consider it as such, a divorce is the end of a financial relationship just as much it is a romantic relationship. When a couple gets married, they combine not only their personal lives but also their finances. When a married couple divorces, courts must decide how to divide the property, assets, and debt which the married couple owns. The courts must also consider whether either spouse should be ordered to pay child support or spousal maintenance (formerly called alimony) to the other. In order to make these decisions, courts rely on both parties’ complete honesty and transparency regarding their financial situations. When one or both spouses are not honest regarding their finances during a divorce, there can be serious consequences which significantly complicate the divorce process.

How Do Spouses Misrepresent Their Financial Status?

A spouse lying about their assets, property, income, or debt is not as easy to spot as you might think. There are many methods unscrupulous spouses use to hide their true financial status from the courts. A spouse being untruthful about his or her finances may:

Posted on in Property Division

Kane County divorce attorneysDivorce among the baby boomer generation is more common now than ever before. According to the National Center for Family and Marriage Research, divorces among married couples 50 and over doubled from 1990 to 2014. Over the same period, divorces among couples 65 and older tripled. Divorce among older couples has unique challenges. One important issue that older divorcees face is divvying up retirement accounts. Older Americans have a smaller window to earn after they divorce, so retirement accounts are a commonly fought over topic.

How Are Retirement Investments Divided?

Regardless of who saved more, retirement accounts are often split evenly, or close to it, when a couple divorces. Attorneys say that in a large majority of divorce cases, retirement accounts are considered marital property, and funds that were saved up to support one household must be divided to support two individuals. “There are a number of people who say ‘I have socked away every month and I do not see why I have to divide it with my spouse,” says Joslin Davis, former president of the American Academy of Matrimonial Lawyers. “The law says ‘too bad.’”

Geneva family law attorneyIf you are divorced and receiving maintenance payments from your ex-spouse, you may have come to rely on that money. Maintenance, also known as alimony or spousal support, is intended to help a financially disadvantaged spouse in the years that follow a divorce, so such reliance is rather understandable. There are, however, a few situations in which your actions could cause maintenance payments to end. It is important to understand the law in Illinois so that you can make the best decisions for your future.

Ending Support Obligations

Permanent maintenance—in other words, support for the rest of a spouse’s life—is generally reserved for divorces between spouses who have been married for 20 years or more. For shorter marriages, the court will usually set a specific amount of time for maintenance payments to last. Both situations presume that the court has identified the need for maintenance. When a support order includes an intended end date, payments must continue until that date unless the recipient remarries or either spouse passes away. (It is possible for a divorce settlement to include security provisions in the event of the paying spouse’s death, but that is a topic for another day.) The third situation that could terminate a spouse’s obligation to pay maintenance is if the recipient spouse moves in with a new romantic partner.  

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