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Recent Blog Posts

What Happens If You Fail to Pay Child Support in Illinois?

 Posted on April 29, 2019 in Child Support

Wheaton Child Support Non-Payment LawyerUnder Illinois law, both parents are obligated to financially support their children. As of July 2017, Illinois uses the income shares method of calculating child support. The income shares formula considers the income of both parents to determine the amount of child support that one parent, the obligor, must pay to the other, the recipient.

If you are the obligor parent, it is important to make your payments in full and on time. If you are unable to adhere to the terms of your court-ordered child support payment plan, speak with an attorney regarding your options. Non-payment of child support carries significant legal ramifications.

Illinois Penalties for Non-Payment of Child Support

When a person fails to make their child support payments in full and on time, the recipient parent may work with the Division of Child Support Services (DCSS), a branch of the Illinois Department of Healthcare and Family Services, to obtain the money owed. This can come in the form of direct wage deductions, seizure of bank accounts, securing the obligor parent's tax refunds, and even placing a lien on the obligor parent's property.

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Ensuring Financial Security in a Divorce

 Posted on April 26, 2019 in Divorce

Post-Divorce Financial SecurityWhen a couple decides that their marriage is no longer healthy, a divorce may be the best option. A divorce can provide a new start and a healthier living situation for yourself and any children involved. However, the divorce process can also be incredibly complicated, particularly when it comes to the division of marital assets such as bank accounts, retirement plans, and investments. To secure your financial security after divorce, the first and most important step you can take is to choose a divorce attorney you can believe in.

Here are three more things to keep in mind to protect your financial security in a divorce.

Avoid Excessive Spending Prior to Divorce

As a couple's relationship comes to a close, it is entirely common to feel a wide range of emotions. In some cases, the emotions of an impending divorce can prompt reckless spending. According to Illinois state law, when a person spends marital assets for purposes independent of the marriage as the marriage is coming to an inevitable end, this is called dissipation of marital assets. Common forms of dissipation of marital assets include spending money on an affair, intentionally harming shared assets such as a car or family heirlooms, or buying expensive personal items for yourself. Before making any excessive expenditures just before or during the divorce process, speak with an attorney to make sure you understand the impact that such expenditures could have on the division of your marital property.

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How to Address Shared Parental Responsibilities During Your Divorce

 Posted on April 24, 2019 in Divorce

Naperville child custody attorney co-parentingWhen a couple decides that their marriage is no longer functioning, and they need to pursue a divorce, the impact of their separation will extend beyond the two individuals. In fact, the emotional trauma of a divorce is often felt most strongly by the children involved. When children hear that their parents are going to separate, they tend to have a number of thoughts go through their head, ranging from why the divorce is happening to who they will ultimately live with.

Understanding the impact that a divorce can have on a child, most divorcing parents will put the needs of their children at the top of their priority list. Many parents ultimately decide to share parental responsibilities. If you believe that co-parenting is the right option for your family, speak with a family law professional regarding what to expect in this next chapter of your life.

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When Is It Time to Consider a Divorce?

 Posted on April 23, 2019 in Divorce

Wheaton Divorce AttorneyWhen a couple decides to get married, the thought of separation seems like an impossibility. Yet the rigors of an emotional relationship, raising children, and working full-time can put a strain on any marriage. When a marriage begins to present challenges, most people realize that a marriage takes work and that there will be good times and bad times. But when the bad begins to overwhelm the good, you owe it to yourself and your family to make a change. A divorce can represent an opportunity to start anew and live the type of life that you deserve. If you are considering a divorce, it is time to speak with a legal professional.

Aspects of an Unhealthy Marriage

When a marriage is no longer healthy, it is time to consider a divorce. While the divorce process can seem daunting, removing yourself from a marriage that is no longer working can ultimately be one of the best decisions of your life. Listed below are some of the most common reasons people choose to pursue a divorce from their spouse.

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What Legal Issues Can Arise in Different Types of Adoptions?

 Posted on April 15, 2019 in Family Law

Lombard adoption attorneyAn adoption is a beautiful chance for a family to raise a child, and for a child in need to have loving and caring parents. In many cases, however, the adoption process can be tedious and complicated, and in order to ensure that the process is completed smoothly and effectively, it is essential to work with an experienced family law attorney.

Addressing Adoption Issues

Here in the state of Illinois, there are four main types of adoption: agency adoptions, private adoptions, international adoptions, and relative adoptions. In all of these adoption options, it is critical to have an experienced legal professional representing your family's best interests. Some of the issues that may become involved in different types of adoptions include:

  • Agency Adoptions: An agency adoption is a process that is facilitated by a public or private organization. In many cases, these adoptions go through a private adoption agency. If you are adopting a foster child in the state of Illinois, the adoption will go through the Illinois Department of Children and Family Services (DCFS). In private agency adoptions, it is not entirely uncommon for agencies to act in a corrupt or fraudulent manner. A legal professional can ensure that no unlawful conduct takes place.

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How to Prepare for Your Divorce Trial

 Posted on April 11, 2019 in Divorce

Lombard divorce lawyer trialWhile most people assume that the divorce process is heated and highly contentious, many divorces can be resolved through settlement agreements. Divorcing spouses may be able to reach an agreement through mediation or negotiations between the spouses and their respective legal teams. In some cases, however, certain issues cannot be resolved, and the divorce has to go to trial. In the event of a divorce trial, proper preparation is critical to securing a positive outcome for you and your family. If you are contemplating divorce, it is important to seek out the legal guidance of a professional you can trust.

Four Critical Pre-Trial Steps

Once your divorce goes to trial, the decisions made by the judge will depend on the evidence presented and the performance of both you and your attorney throughout the trial. While a judge's decision can be appealed in some cases, these decisions are usually final. Before you go to trial, it is crucial to be as prepared as possible by taking the following steps:

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3 Common Mistakes to Avoid During Divorce

 Posted on April 05, 2019 in Divorce

Naperville divorce lawyerThroughout the United States, thousands of people pursue divorce each year, and the process of ending a marriage can be contentious and stressful. Due in large part to the stressors that accompany a divorce, many people make mistakes that can cost them both financially and emotionally down the road. It is important to remember that the first and most important step you can take as you prepare for a divorce is hiring the right attorney.

Avoiding Costly Divorce Mistakes

Many divorcing spouses make unwise decisions that are often due to strong emotions or a lack of preparation. Listed below are some of the most common mistakes that can plague a divorce:

  • Forgetting About Finances: As you separate from your former spouse, there are many details that need to be settled. Many of the most complex and important, aspects of a divorce revolve around finances. Failure to focus on the financial side of your divorce can result in the loss of valuable marital assets and a lack of future retirement funds, among other concerns. One of the first discussions you should have with your attorney is a dialogue related to your finances. Disclosing an accurate portrayal of your financial situation and ensuring that your attorney understands your financial goals can make all the difference in your divorce.

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How a Collaborative Divorce Could Benefit Your Family

 Posted on April 03, 2019 in Collaborative Law

Lombard collaborative law attorneyWhen a couple makes the decision to get married, the union is a truly beautiful thing. However, the stresses of life, ranging from financial security to parenting disputes, can bring a marriage to a screeching halt. When a marriage is no longer healthy, a divorce can represent an opportunity to start anew. While most people think of divorce as a heated and contested process that is navigated through litigation in court, many divorces can be resolved in an amicable fashion. Collaborative divorce is one alternative method used to resolve the issues couples must address when dissolving their marriage.

Understanding Collaborative Divorce

Through collaborative law, a couple looking to end their marriage will work with their respective attorneys in reaching a settlement that is agreed upon by both parties. Typically, a couple will agree to fully disclose all necessary information to each other over the course of their negotiations, and their attorneys will agree to withdraw from the case if an agreement cannot be reached. A collaborative divorce can resolve issues ranging from the division of marital property to child custody. If you decide that you want to pursue a collaborative divorce, it is important to fully understand that the process will require patience and trust in both your former spouse and the legal professionals you are working with.

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Can I Appeal the Decisions Made in My Divorce Case?

 Posted on March 29, 2019 in Divorce

Naperville divorce attorney appealWhen a couple pursues a divorce, the ideal situation revolves around securing a mutually beneficial settlement. When a couple can work together, either through a collaborative divorce or the assistance of a mediator, issues can be resolved on the couple's terms. However, in some cases, couples are unable to work together to find a resolution, and litigation is necessary.

Your divorce will affect a wide variety of issues, ranging from child custody to the division of marital property, and a judge's decisions can have a monumental impact on your life. If you are unhappy with the outcome of your case, it may be possible to pursue an appeal. An experienced attorney can help you understand your options for appealing a divorce judgment and represent the best interests of your family throughout the legal process.

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How Can Fathers Protect Their Rights to Child Custody?

 Posted on March 28, 2019 in Child Custody

Wheaton fathers' rights lawyerFor parents, the divorce process can be incredibly stressful. Not only are you divorcing from your parenting partner and former spouse, but you are facing a great deal of uncertainty about your living situation and the time you will spend with your children. For fathers, securing a favorable parenting agreement can often be difficult. Whether you are looking to negotiate a custody agreement with your former spouse or planning to fight for your parental rights in court, an experienced attorney can help you navigate your child custody case.

Winning Custodial Rights

Due to recent alterations to the Illinois Marriage and Dissolution of Marriage Act, divorced parents are no longer defined as “custodial” or “non-custodial.” Under the current law, specific parental responsibilities are allocated between parents through either an agreement between the parties or a court order. Below are some simple steps that every father should take as they look to secure substantial parental responsibilities:

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