Recent Blog Posts
Child Support Modifications and Good Faith
When you are responsible for making child support payments, virtually every financial decision you make can affect your ability to meet your obligations. This is especially true if you are considering a job or a career change, as your income is very likely to change. While an increase in your income can be a good thing, a decrease could make it impossible for you to comply with your child support requirements. You may be able to petition the court for an order modification, but depending upon the circumstances of your employment, your request could be denied.
Illinois Law
According to the Illinois Marriage and Dissolution of Marriage Act, an order for child support may be amended upon a showing of a substantial change in circumstances. Losing a job, starting a new one, a significant promotion or demotion, and a complete career change could all create a significant difference in your monthly and annual income. The law recognizes a change in employment status as one of the possible causes for a substantial change in circumstances for the purposes of pursuing an order modification.
Guns N’ Roses Rocker Agrees to $6.6 Million Divorce Settlement
Legendary musician and songwriter Slash can finally enjoy some closure after a long divorce process. Unfortunately, it is at the cost of over $6 million. The rock star agreed to pay his former wife Perla Ferrar a $6,627,352 equalization payment. Additionally, he will pay $100,000 in spousal support and $39,000 in child support each month. The artist, whose real name is Saul Hudson, will also help support his children by contributing 1.8 percent of his income to the 16- and 14-year-olds. Hudson will keep ownership of his $1.92 million guitar collection.
A Long Journey to End a 13-Year Marriage
The decision for Hudson and Ferrar to split was not a recent one. The couple struggled with marital conflict for years. In 2010, Hudson filed for divorce and intended to leave Ferrar. The couple was able to reach a reconciliation two months later. Four years later in 2014, he filed for divorce again. This separation did end up being permanent. Hudson rekindled a relationship with an ex-girlfriend and moved in with her, signaling that the marriage was beyond reconciliation this time. However, it would be another four years until the marriage legally ended.
Try These Tips When Telling Your Children About Your Impending Divorce
If you are a parent who has decided to get a divorce, you may have spent countless hours worrying about how to tell the children about the split. There are many things to keep in mind when choosing how and when to tell your children about the end of your marriage. Every parent facing this difficult conversation hopes that it will go as smoothly as possible. Understandably, many children are upset when they hear about the forthcoming separation, but research shows that there are several steps parents can take to minimize the distraught caused by breaking the news of divorce to their kids.
Do Not Tell Children About the Divorce Until You Are Totally Certain
If you and your spouse have discussed the possibility of separating, but there is still a chance that you will stay together, you should wait to discuss this with children. For example, if a couple is experiencing extreme conflict or disconnectedness, but they both believe that there is still a possibility of saving the marriage, they should not bring the children into the situation. If you and your spouse both agree that you are beyond the point of reconciliation, you may be ready to tell your children about the separation.
Millennials Are Waiting to Get Married
The Millennial generation certainly has its own ideas about marriage, and, in many ways, they are not like those of their parents. An interesting shift is taking place in the way younger people perceive marriage and its importance. Throughout the last 60 years, several trends have arisen. People, in general, are waiting longer to get married, divorce is more common, and couples are having fewer children. During the 1950s, 75 percent of women in their early 20s were married whereas only 50 percent are now.
Repeating History
It is true that young people are waiting longer to get married and having fewer children, however, the trend we are experiencing today with is not unlike the time before the post-war baby boom. The average age at which couples get married today is only slightly higher than the average age of those in the late 19th and early 20th centuries.
What has changed since the 50s? Over the last several decades, there has been a dramatic shift in many aspects of American society. Women are more invested in their careers, there is less pressure to have a traditional family, and debt from student loans are all factors that contribute to the postponement of marriage. Furthermore, it is more socially acceptable to have children before getting married than it was during the much more conservative 1950s.
Understanding the Right of First Refusal
When a couple with children gets divorced in Illinois, they are required to create a parenting plan. A parenting plan is a formal document that lays out each parent’s responsibilities and rights regarding the child and provides a foundation for ongoing, cooperative parenting. If the parents cannot come up with a workable plan on their own, the court may do for them.
Under Illinois law, there are over a dozen considerations that must be included or addressed in a parenting plan, including things such as a parenting time schedule and the child’s permanent address for school enrollment purposes. Other elements can also be included at the discretion of the parents or the court, including the right of first refusal. If the right of first refusal has been included in your parenting plan, you need to know what it means.
Bonus Parenting Time
For the purposes of a parenting plan, the right of first refusal applies when a parent needs childcare during his or her allotted parenting time. Depending on how the right is structured in your plan, the right of first refusal could apply when one parent has meeting some evening or it could be saved for longer periods, such as an all-day event on a weekend when the parent was supposed to have parenting time. If the right of first refusal is invoked, the parent who needs child care must let the other parent know and give the other parent the chance to have extra parenting time.
Things to Think About Before You Get Remarried
Each year, hundreds of thousands of Americans get divorced. While the divorce rate is lower than it was a few decades ago, divorce is still common throughout the country. Despite, people seem hesitant to give up on finding love and marital bliss, even if their first marriage fails. In fact, a recent study found that a full 40 percent of marriages today include at least one person who has been married before. In about half of those marriages, both spouses are on their second, third, or subsequent marriage. It is estimated that about 60 percent of divorced or widowed Americans will eventually remarry.
Such numbers certainly seem to portray a level of optimism regarding how we approach marriage as a society. If you are considering getting married again after a divorce, however, there are some things you need to keep in mind, including:
- Termination of spousal support: If you currently receive maintenance payments—also called alimony or spousal support—from your ex under the terms of your divorce settlement, getting remarried will almost certainly put an end to those payments. Under Illinois law, you moving in with your fiancé could be enough to terminate your ex’s maintenance obligation;
Back-to-School for Divorcing Parents
If you are in the process of ending your marriage, there is a good chance that you are beginning to realize that your life is much different compared to when you were married. If you have children, the differences are probably even more notable. For many divorced parents, the first school year after the divorce is the most challenging, as they must establish new routines for their children and boundaries for the parents. When back-to-school season falls in the midst of your divorce, you will need to take steps to ensure that your children have every possible opportunity to succeed.
Figure Out a Way to Cooperate
Every situation is unique, and there is no easy way to decide how you and your spouse will work together regarding school. Decisions regarding the allocation of parental responsibility may still be pending, so you might both still share decision-making authority for school-related concerns. The best option is for you and your spouse to put your differences aside and to create a plan designed to let your child thrive in the new school year. If this is not possible, you may need to ask the court to issue a temporary order allowing you to make education plans on your own.
Children With Mental and Physical Disabilities May Qualify for Child Support as Adults
Child support is intended to help parents provide for their minor children. Generally, an order for child support will terminate once the child turns 18 years old. If the child is still enrolled in high school at age 18, the child support is extended through age 19. However, there are some instances where child support orders can extend past the usual age 18 or 19 cutoff.
A child who is physically or mentally disabled may not be able to care for himself or herself and will therefore need the assistance of a parent or guardian well into adulthood. In cases such as these, courts may order one or both parents to continue to contribute to support. These support orders can last as long as the court finds necessary to secure the disabled child’s quality of life.
Not Every Disability Necessitates Ongoing Support
The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides instructions for when a person with a disability qualifies for continued support as an adult. According to the IMDMA, a disabled person is someone with a “physical or mental impairment that substantially limits a major life activity.” So, minor disabilities which do not impair the individual’s ability to participate in life activities do not meet the required criteria for non-minor support.
How Far Can I Move With My Child?
In past generations, it was not terribly uncommon for a person to grow up in a given area and to spend the vast majority of his or her life in that same area. This was especially true in financially healthy regions where jobs and educational opportunities were readily available. Today, however, is a different story, as a people are much more likely to move greater distances than ever before. Some move for employment reasons, others for education, and still others just for a change in scenery. While moving is rarely easy, most adults have the freedom to relocate whenever they choose, but for those who are subject to an Illinois parenting plan, there are limits on how far a move can be.
Who Is Affected?
The state of Illinois is invested in looking out for the best interests of children—especially those whose parents have divorced or were never married. Thus, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides specific guidance for parents who wish to move to a new home. The IMDMA states that a parent who has the majority of the parenting time with their child or shares parenting time equally with the other parent must adhere to certain rules when considering a move.
Why Do Most Couples Get Divorced?
Just as there are a nearly infinite number of reasons couples choose to spend their lives together, there are countless reasons that couples divorce. Sometimes the divorce is amicable, and both spouses know that they would be better off not married. Others times only one of the spouses wants to end the relationship, and the other is left devastated and confused. If you are planning to get divorced, you should know that no two divorces look the same. Everyone brings their own set of unique circumstances and needs to the table when a marriage ends. Read on to learn about the most common reasons couples get divorced and what the legal grounds for divorce are in Illinois.
Infidelity Is a Common Cause of Marital Breakdown
Many people can point to an affair as the beginning of the end of their marriage. A good amount of affairs begin online. The world is more connected than ever before thanks to social media like Facebook, Twitter, Instagram, and LinkedIn. Thirty years ago, people who lost touch with their old high school sweetheart rarely saw them again – save perhaps for the odd high school reunion. However, in today’s world, reconnecting with an old flame is as simple as clicking a button. As Americans spend more and more time at work, the likelihood of a work affair increases as well.
