Illinois Family Law Blog

Disclosing Assets and Income in Child Custody Cases

a dollar sign, child custody

Failing to disclose income and assets in child custody and support cases may result in multiple penalties in Illinois. Despite this, some parents still attempt to hide their assets and income sources to try to avoid paying child support. In child custody and support cases, the parties must exchange their financial information by submitting financial affidavits. These affidavits are submitted under penalty of perjury. When they are false or incomplete, the people who have sworn under oath to their accuracy may face both civil and criminal … [Read more]

Is Your Marriage Headed for Divorce?

marriage rings, divorce

Red flags in a marriage can signal potential risks for divorce. Identifying core conflicts and evaluating pros and cons of a marriage may provide feasible solutions. Is the Marriage at Risk for Divorce? Before deciding to go through the divorce process, couples should carefully evaluate their relationship and their future. Divorce is difficult for most couples, especially when children are involved. It brings about many lifestyle changes that impact the physical, emotional and financial well-being of families. Evaluating the pros and cons of … [Read more]

New Child Support Law Could Do More Harm Than Good

law gavel and book, family law

A new child support law went into effect on July 1st that could have negative effects on children of divorce. Under the new law, child support will be calculated based on an “income shares” model. In “shared parenting” cases, the more time parents spend with a child, the less they will be obligated to pay in child support. Some are concerned the changes could lead to parents choosing to spend more time with their children based on financial considerations rather than emotional ones. The previous law didn’t take into account the income of the … [Read more]

Effects of Falling Behind on Child Support

handing a credit card, child custody

Falling behind in child support payments can result in a variety of punishments including jail time, community service, or wage garnishments. There are several factors that determine the repercussions that might occur from failing to keep up with the financial responsibilities that come with raising a child. Illinois has several resources available to help parents if they are having difficulty maintaining child support payments. These resources, along with experienced child custody lawyers, can help analyze a situation to determine the best … [Read more]

Divorce Process in Illinois

three process words in blackboard, divorce

Understanding the divorce process can help individuals avoid costly mistakes and errors in the process. The key steps involved in a divorce in Illinois include: Preparing the Petition The spouse who wants the divorce prepares the petition for divorce, usually with the help of a Chicago divorce lawyer. The petition must state the grounds for divorce. In 2016, Illinois became a pure no-fault divorce state so irreconcilable differences is now the only grounds for divorce. The petition must also state that one of the spouses has met the minimum … [Read more]

Understanding the Recently Enacted Child Support Law

smiling baby_Family Attorney

A new child support law that went into effect July 1, 2017 changes two sections of the Marriage and Dissolution of Marriage Act pertaining to payments. The way payments are calculated will change based on how much time parents spend with their children. Divorces that were finalized prior to July 1 will not be changed. The law only applies to divorces finalized after the law went into effect. The Illinois Marriage and Dissolution of Marriage Act is lengthy and is has been changed numerous times since it was initially drafted. A family … [Read more]

Planning for Retirement After Divorce

back view of an old couple, divorce

Divorce for those over 50 years old often presents unique problems that complicate the process. Divorcing later in life compounds the issues because there are more assets, more properties, more complex retirement accounts, and children. The Increasing Divorce Rate The divorce rate among older adults has doubled between 1999 and 2009. Moreover, about one in four divorces involves a couple who is over 50. Divorcing later in life is exceedingly complicated. Retirement accounts often comprise the largest assets a couple own (excluding their … [Read more]

Does Remarriage Affect Child Custody?

marriage, child custody

When divorced parents with children remarry, remarriage may impact parenting time and decision-making arrangements. Either parent can file to modify existing arrangements through state courts. The Impact of Remarriage on Parenting Time When a custodial parent remarries, it may impact parenting time, visitation and decision-making arrangements. If the new marriage results in positive changes such as more financial security or a more stable home environment, changes in parenting time can benefit the children. Generally, child custody lawyers … [Read more]

The New Income Shares Model of Child Support in Illinois

mother and child_family attorney

As of July 1st, the State of Illinois has adopted the income shares model of calculating child support for all divorces. The new model of calculating child support is a considerable shift from the previous model. It's believed that the new method used to calculate child support will more accurately reflect the actual costs of raising a child and more evenly distribute the financial responsibility between divorcing parents. Why the New Model Was Adopted The Illinois income shares model was adopted because it takes into account a variety of … [Read more]

Digging Up Buried Assets in Divorce

hand using magnifying glass searching, divorce

It is not uncommon for divorcing spouses to hide assets from one another in an attempt to shield them from being shared with their soon to be ex-spouse in the disposition of marital property. This is illegal in Illinois and concealing property can result in incarceration, fines, and can be factored into the judge's decision when distributing property and financial assets. Digging Up the Money Through Discovery Discovery is the process of determining where the assets are and the value of the assets. The discovery process can involve written … [Read more]