630-462-9500
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Wheaton, IL 60189
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Recent Blog Posts
When Is Permanent Alimony Ordered in an Illinois Divorce?
Spousal maintenance, also called alimony or spousal support, refers to payments that an individual makes to their former spouse after a divorce. Spousal support is only ordered in certain divorce cases, and it is meant to ensure that a divorced person can maintain the lifestyle they were used to during their marriage. In some cases, maintenance payments will be ordered when a lesser-earning spouse needs financial support for a period of time until he or she can obtain the skills or education necessary for suitable employment. However, some spouses may not ever be able to become financially independent after a divorce. In these cases, permanent spousal maintenance may be ordered.
When Is Spousal Maintenance Ordered?
There are two ways that spousal support will typically be awarded in Illinois. The spouses may have decided upon a spousal maintenance arrangement through a prenuptial agreement or another type of marital agreement, or spousal support can be ordered by a judge. During a divorce or legal separation, the judge will decide whether to award maintenance based on the circumstances of the case. In order to determine whether a person is eligible to receive spousal maintenance, the judge will consider factors including but not limited to:
Is Our Home Automatically a Marital Asset in an Illinois Divorce?
When you and your spouse got married, you might have moved into a house that one of you owned already, or you might have found a new home together. Since your wedding, it is also possible that you and your spouse have upgraded and bought a house big enough to accommodate your growing family. If you find yourself facing the prospect of a divorce, however, how and when you and your spouse bought your current home could affect its status as a marital asset.
Equitable Distribution in Illinois
According to Illinois law, a divorcing couple’s marital property is to be divided equitably, or fairly, between the spouses. The law also defines marital property as assets or debts acquired by either party during the marriage, with limited exceptions for inheritances or gifts to one spouse. Property that was acquired before the marriage is considered to be non-marital and is not subject to being divided during the divorce. This includes the home where you and your spouse were living when the marriage ended.
Understanding the Right of First Refusal in an Illinois Parenting Plan
If you are an unmarried parent or parent going through a divorce, you may have concerns about sharing parental responsibilities and parenting time with your child’s other parent. Going from a situation in which you spend every day with your child to one in which you have to share custody can be extremely difficult. In order to maximize the amount of parenting time, or visitation, you have with your child in a shared parenting arrangement, you will want to make the most of a “right of first refusal” provision in your Illinois parenting plan.
Your Right to Spend Time with your Child
An Illinois parenting plan or parenting agreement is a required document that outlines the rights and responsibilities of divorced or unmarried parents. The plan includes directions for how parental responsibilities are allocated, how major decisions about the child will be made, a parenting time schedule or method for determining parenting time, transportation arrangements, and more. Parents are encouraged to create their own parenting plan, but if parents cannot come to an agreement on parenting time and other issues, the court will decide on behalf of the parents. One item that often gets overlooked in Illinois parenting plans is the right of first refusal. Put plainly, the right of first refusal gives you the right to care for your child if the other parent is not able to care for the child during his or her scheduled parenting time.
Can I Have My Marriage Annulled in Illinois?
Although they are both ways to end a marriage, annulment and divorce are two completely different legal processes. Unlike divorce, annulment effectively cancels a marriage. Annulling a marriage declares the marriage invalid and makes it as though the marriage never occurred. There are a variety of reasons that a person may seek an annulment. It is important to remember, however, that only certain marriages are eligible for an annulment.
Annulment Cancels an Invalid Marriage
In Illinois, annulment is called a Declaration of Invalidity. The purpose of annulment is not to end a valid marriage, but to “undo” a marriage that was never valid in the first place. If a marriage does not meet the criteria required by Illinois law, the marriage may be eligible for an annulment. More specifically, a marriage can be annulled if one or more of the following conditions are present:
What Happens if I Do Not Pay Child Support in Illinois?
Child support is intended to help unmarried or divorced parents share the cost of raising a child. Illinois takes child support orders very seriously. When a child support order is entered by the court, the payments are not optional. If you do not pay court-ordered child support, you can face serious penalties, which may include criminal charges. If you cannot afford your current child support obligation, you may be able to request a modification from the court.
Consequences of Child Support Nonpayment in Illinois
In Illinois, child support enforcement is managed by the Department of Healthcare and Family Services' (DHFS) Division of Child Support. Through the Child Support Enforcement Program, the DHFS monitors child support payments and ensures that child support orders are being followed. When a recipient parent is not receiving court-ordered child support payments, he or she may contact the DHFS for help. Once the DHFS is aware of the problem, the agency will take steps to collect the unpaid child support. If the non-paying parent is receiving public assistance, the DHFS can take funds directly from the parent’s public assistance benefits.
What Happens During Divorce if I Own a Family Business?
The complexity and cost of divorce can vary significantly depending on a divorcing couple’s financial circumstances. One issue that will greatly complicate a divorce is owning a family business. If you and your spouse own a business, either together or separately, and you are considering ending your marriage, you probably have concerns about how the business will be affected by your divorce, and vice versa. The valuation and division of a jointly owned business can be a major source of conflict during divorce. In these cases, it is highly recommended that you consult a divorce attorney experienced in managing divorces involving business owners.
Should We Sell the Business?
In an Illinois divorce, marital assets are divided between spouses according to equitable distribution. This means that each spouse receives a fair share of marital property according to factors like each spouse’s contribution to the marriage, their income and nonmarital property, and more. However, dividing a business is often not as simple as dividing the funds in a bank account.
What Are Some Healthy Coping Strategies for My Illinois Divorce?
According to the Holmes Rahe Stress Inventory, divorce is the second most stressful life event a person can experience. Only the death of a spouse is considered more emotionally traumatic than the end of a marriage. If you are going through a divorce, you may feel depressed, confused, enraged, or even completely numb. While there is no way to completely eliminate the emotional pain associated with divorce, mental health experts do have some advice for how to cope with divorce in a healthy, effective way.
Do Not Judge Yourself for Your Feelings
Divorce is different for everyone who goes through it. It is very likely that you will not experience divorce in the same way as your friends or family members. Because of this, it is important not to judge yourself for your reaction to the divorce. You may be consumed with anger and resentment toward your soon-to-be-ex-spouse, or you may miss them terribly. You may feel relieved about the end of the marriage, or you may be devastated that your attempts at reconciliation have failed. You may be emotionally numb and feel almost nothing at all. Whatever your response to the trauma of divorce, know that your feelings are normal and that the emotional pain will decrease with time.
How Is the Income Shares Model Used to Determine Child Support in Illinois?
If you are a parent considering divorce, you may wonder how the state calculates child support payments. Which parent receives the support payments? How is child support related to the allocation of parental responsibilities and parenting time? Illinois uses an “income shares” method to formulate child support orders which are reasonable and appropriate for the financial circumstances of both parents. Read on to learn about the most important elements of Illinois child support orders and what you can do if you need to establish or modify child support in Illinois.
Illinois Recently Changed the Way it Determines Child Support
Significant changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) went into effect in July 2017. Before the changes, child support was determined by applying a certain percentage to the paying parent’s net income based on the number of children needing support. For example, a parent with one minor child paid 20 percent of his or her income, and a parent with two children paid 28 percent of his or her income in child support. Child support orders that went into effect before the changes to the IMDMA may still be based on the old calculation method. However, child support orders may be eligible for modification if they meet certain criteria.
How to Maximize the Benefits of Your Illinois Parenting Agreement
Being a parent is one of the hardest jobs in the world. Cooperatively raising a child with an ex-spouse or former partner can be even harder. If you are a divorcing or unmarried parent who plans on sharing parental responsibility with your ex, you probably have many concerns about how a joint custody arrangement will work out. Effective co-parenting takes patience, perseverance, and planning. One of the best ways to prevent disagreements and problems in a co-parenting scenario is to have a solid strategy for how you plan to share parental responsibilities and parenting time.
Illinois Requires Parents to Create a Parenting Plan
If you are getting divorced in Illinois and wish to share parenting time with your spouse, you are required to submit a parenting plan to the court. Ideally, you and your spouse can agree to a plan, but if you cannot agree, the court will intervene and decide what should be included in the official parenting agreement. This plan will assign important decision-making responsibilities (formerly called child custody) and parenting time (formerly called visitation) to each parent. Additionally, the parenting plan must contain provisions which address:
Warning Signs of Financial Fraud During Divorce
Marriage is just as much a financial union as it is a romantic partnership. When a couple marries, their debts and assets become deeply intertwined in a variety of ways. Undoing this financial entanglement during divorce can become quite complicated – especially for couples with complex assets or a high net worth. In some cases, a divorcing spouse may attempt to deceive his or her partner regarding the couple’s assets and income. Financial fraud is a common issue that anyone getting divorced should be aware of.
Financial Fraud Is Common When One Spouse Has Total Control over Finances
Some married couples share responsibility for financial decision-making and money management. In other cases, one spouse has sole responsibility over the finances, while the other is completely uninvolved in financial decisions. While this division of labor works well for some couples, being in the dark about one’s assets and debts can put a person at a significant disadvantage during divorce. However, spouses who were not involved in household finances are not the only people who can find themselves victims of financial fraud during divorce. Even if you were heavily involved in paying household bills, making purchases, and completing other financial transactions, it is still possible to be deceived by an untruthful spouse.
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The Stogsdill Law Firm, P.C.
1776 S. Naperville Road, Building B, Suite 202Wheaton, IL 60189630-462-9500
