Posted on April 14, 2017 in Child Custody and Support

When a court enters a Uniform Order of Child Support, the obligation to pay support exists until a fixed point in time, usually when a child reaches 18 years of age. However, there are other points at which an obligation may be terminated, either by law, court order, or mutual agreement. It is critical to know what those points may be.

Common Events That End Child Support Obligations

The most common event, as one might imagine, is that the child in question reaches the age of 18, which is considered the age of majority in Illinois and all but a handful of U.S. states. The rationale is simply that no child support may be owed for someone who is no longer a child. However, it is possible that the custodial parent may petition the court to extend the support obligation until the child has either graduated high school or has turned 19 years old. Graduating high school is considered a formative event, and if a child has not yet completed it, their custodial parent may require a few more months or years of support.

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 Posted on April 12, 2017 in Domestic Violence

Over the last few years, more and more public attention has been given to concussions, traumatic brain injuries (TBI), and related chronic conditions. Many such stories have been prompted by tragedies among professional and amateur athletes, as well as those who serve or have served in the armed forces. There is, however, another group of victims who suffer from traumatic brain injuries but who are often overlooked by the media. This group may, in fact, even suffer TBIs at a higher rate than professional football players, yet you probably seem some these individuals every day. They are victims of domestic violence, and their injuries may be more serious than many people realize.

Understanding Brain Injuries

Traumatic brain injuries occur when there is some kind of blow to the head. A TBI can range from mild—with symptoms such as momentary loss of consciousness—to severe—with symptoms including an extended loss of consciousness and amnesia. In addition, these types of injuries can have an effect on a victim’s emotional, language, sensory, and thinking abilities. Other symptoms of TBI include aggression, decreased motor function, depression, double vision, headaches, imbalance, irritability, and issues with memory, learning, and planning.   

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 Posted on April 07, 2017 in Divorce

Couples do not usually marry with the intent of someday divorcing. Yet divorce does happen each and every day. For couples, the experience may be stressful, painful, depressing, and emotionally taxing, but for children, the separation and upheaval of home and family can be downright traumatic. This is especially true when there is a lot of shaming, blaming, or arguing between parents.

Thankfully, there is a new trend emerging that is mindful, thoughtful, and intentional. More importantly, this new “trend” places the separating couple’s focus on a joint goal: successful and amicable co-parenting. This goal is so important that it takes precedence over any and all issues the parents may have with one another.

Doing Divorce the Right Way

An amicable divorce will still have its share of problems. After all, the divorcing couple probably would not be separating if they could easily resolve their issues. But with the right mindset, the right approach, and qualified help, it is possible to set differences aside to ensure that children do not end up feeling as though they must choose one parent over the other. In the end, the reward is worth the work.

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 Posted on April 05, 2017 in Divorce

Has your marriage reached the point where it is no longer a healthy part of your life? A marriage can deteriorate for many reasons, but according to Illinois law, there is only one legal basis for divorce. Thanks to changes to the state’s family law statutes last year, a divorce can only be granted on the grounds that irreconcilable differences have pushed the marriage beyond the point of repair.

What Are Irreconcilable Differences?

When Illinois permitted fault-based divorce, such grounds were fairly straightforward. They included behaviors like adultery, repeated mental or physical cruelty, abandonment, and other actions that were easy to understand, even if they were difficult to prove during divorce. Irreconcilable differences, on the other hand, are rather vague. In fact, there is no single definition of irreconcilable differences contained in the law. Instead, the phrase is understood to mean that the spouses are no longer able to remain in a marital relationship with one another.

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 Posted on March 31, 2017 in Visitation

While it may seem that your children just went back to school a few short weeks ago, the reality is that the current school year will soon be drawing to a close. Of course, children spend much of the academic year looking forward to summer vacation, but many parents face difficulties during the summer months in regard to finding appropriate child care and keeping the kids out of trouble. For divorced, separated, or unmarried parents, the issues can be even more challenging, as summer vacation is often treated as a special circumstance in a court-approved parenting plan.

Common Arrangements

It is not unusual for a child whose parents are divorced to spend a significant portion of the summer break with the parent he or she tends to see less during the school year. Such an arrangement is actually fairly common in many parenting plans. For example, if your child resides primarily with you during the school year and spends alternating weekends with his or her other parent, the other parent may be given several straight weeks of parenting time during the summer. This type of situation, however, is not feasible for every family. Work schedules, summer camps, and other complications may require you and your child’s other parent to develop a more creative solution.

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 Posted on March 29, 2017 in Family Law

If you are preparing to get married to someone who has children from a prior relationship, it is important to understand what may be in store for your future, especially if you do not have children of your own. While you may have taken on certain responsibilities and been accepted as part of the family while you and your partner dated, marriage is a very serious step. When you say, “I do,” you will become a stepparent, and, from that day on, you will have a very real impact on the lives of your spouse’s children.

A Package Deal

It may seem obvious, but many new stepparents seem to downplay or outright ignore the role that a child plays in his or her parent’s life. It is easy to get caught up in the euphoria a new romantic relationship with your partner and to only think about the children on occasion. You must remember that, no matter how much you love your partner, you are not just marrying him or her. For better or worse, you are also marrying into a pre-existing family unit. If you are not prepared for this reality, the new family dynamic could quickly spiral out of control. This means that you may not get as much one-on-one alone time with your partner as you would like, at least while the child is fairly young. Instead, you are likely to have a wider variety of family experiences

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 Posted on March 24, 2017 in Divorce

Have you found yourself in a pending divorce and feel like you have no plan in place? Whether expected or not, divorce is an overwhelming and life-changing event for many. It is important to arm yourself with information, help, and peace of mind. An experienced can take care of your legal needs and offer the knowledge needed to help you sail through the process smoothly.

Changes for 2017

By July of this year, a new child support law will take effect. Currently, the dollar amount of child support is based on the payer’s net income. The change implements the income shares approach, which calculates child support based on the parents’ combined, adjusted net earnings and takes into account the time each parent spends with the children.

How to Map Out a Plan

After consulting with a lawyer, make a plan. Doing so will help you know what steps to take from an objective point of view during an emotional time in life. While some people do pursue a divorce on their own, working with a lawyer can help you sort through the surplus of well-meaning opinions and unofficial legal advice you are undoubtedly receiving from friends and family.

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 Posted on March 22, 2017 in Property Division

Many couples, if not most, decide to combine their finances after they get married, effectively sharing their property and income. There may be situations, however, in which a spouse wishes to keep some of his or property separate even after he or she gets married.

Illinois Law on Marital Property

Illinois takes a very broad view of marital property. With a few exceptions, any asset or debt that is acquired by either spouse after the marriage becomes marital property. Assets or debts acquired before the marriage or that qualify as the mentioned exceptions are considered non-marital property. Non-marital property is not subject to division during a divorce, but assets that began as non-marital can become marital property if they are commingled.

How Commingling Happens

Commingled property means that one spouse’s separate property is mixed with the marital property. When this happens, the separate property becomes part of the marital estate. For example, if one spouse had an inheritance that they received after the marriage, that inheritance would not be marital property; inheritances are one of the exceptions included in the law. But, if that inheritance was deposited into a joint checking account and used for everyday household expenses, it may be considered commingled and may become marital property.

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 Posted on March 18, 2017 in Divorce

Are you comfortable when you are by yourself? Whether or not you are currently married or in a long-term relationship, could you see yourself being single for an extended period of time? If you answered no, you are far from alone—no pun intended. In fact, recent surveys suggest that approximately one-third of all American adults are afraid of being by themselves. About 35 percent of men and 40 percent of women report fear and reservations about being alone. Unfortunately, the fear of being alone may encourage couples to eschew divorce and stay together even when they are unhappy.

FOMO Is Real

Relationship experts believe that the fear of being alone is very closely related to the fear of missing out—or FOMO, a term that was added to the Oxford English Dictionary in 2013. It is possible—and even reasonable—that this fear of missing out could have as much to do with biology as social pressures. “We were biologically and evolutionarily created to find the right partner to reproduce,” said Sahaj Kohli, a mental health advocate and editor for The Huffington Post. With this reasoning, if a marriage goes sour, it can make an individual feel as if he or she has biologically failed; hence, the hesitance to admit “failure” and file for divorce. However, staying in a bad relationship can be more emotionally, financially, and socially detrimental than a divorce itself.

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 Posted on March 15, 2017 in Divorce

It is one thing to be done trying to make a failing marriage work and quite another to feel sure that you are emotionally ready for divorce. Divorce is a crucial life decision and is not always quick and easy. The benefits of being emotionally prepared for the legal battle ahead are numerous, and those who are often come out on the other end much happier. There are a few questions that anyone considering divorce must answer so they can make a clear and definitive decision.

Is the Marriage Benefitting Everyone?

This question is not just if your existing relationship is helping the children or your spouse, but is it benefitting everyone in the household? Most importantly, is it benefiting you? Your needs are just as important and valid as your spouse, so it has to work for you as well.

Have You Exhausted All Avenues for Saving the Marriage?

All relationships have fluctuations between times of closeness and moments of conflict. This will apply in your current marriage and any future relationships. Although it may hurt your pride to go to counseling, the risk of throwing away a repairable marriage and disrupting everyone's lives is worth the consideration.

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